Amended in Assembly May 5, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2719

Introduced by Assembly Member Bonta

February 21, 2014

An act to add begin delete Article 5.5 (commencing with Section 12098.9) to Chapter 1.6 of Part 2 of Division 3 of Title 2 of end delete begin insert Section 65040.65 to end insert the Government Code, relating to business.

LEGISLATIVE COUNSEL’S DIGEST

AB 2719, as amended, Bonta. begin delete Governor’s Office of Business and Economic Development: Standard Pop-Up Regulation Zones Act: end delete begin insert Mobile retail operations: end insert model local ordinance or resolution.

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Existing law creates the Office of Planning and Research in the Governor’s office to provide the Governor and his or her cabinet long-range, land use planning and research and to serve as the comprehensive state planning agency.

end insert begin insert

This bill would require the Office of Planning and Research to develop, in consultation with local governmental entities, a model local ordinance or resolution regulating mobile retail operations, as defined, within the jurisdiction of a city, county, or city and county. The bill would require the model ordinance to include the types of vehicles allowed to operate as mobile retailers, minimum qualifications for businesses operating in this manner, and procedures for license renewal and revocation.

end insert begin delete

The Economic Revitalization Act establishes the Governor’s Office of Business and Economic Development, also known as “GO-Biz,” to, among other duties, serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth.

end delete begin delete

This bill would require GO-Biz to develop, in consultation with local governmental entities, a model local ordinance or resolution regulating mobile retail operations within the jurisdiction of a city, county, or city and county, for adoption by a city, county, or city and county, as specified.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 65040.65 is added to the end insert begin insert Government
Code end insert begin insert , to read: end insert

begin insert

begin insert 65040.65. end insert   

(a) The office shall develop, in consultation with
local governmental entities, a model local ordinance or resolution
regulating mobile retail operations within the jurisdiction of a
city, county, or city and county, for adoption by a city, county, or
city and county. The model local ordinance shall define the
parameters of licensing a mobile retail operation based on factors
such as walkability, proximity to economic hubs, and price for
retail space.

(b) The model local ordinance or resolution shall contain
guidelines for licensing mobile retail operations and pop-up
operations and shall prohibit mobile retail businesses that are not
suitable for mobile operation. For the purposes of this section:

(1) “Mobile retail operations” means the sale of goods that are
not food from a vehicle.

(2) “Pop-up operations” means the sale of goods and services
that are not food or related to food from a temporary venue.

(c) The model local ordinance or resolution shall contain all
of the following:

(1) The types of vehicles or containers allowed to operate as
mobile retailers, including a weight limitation.

(2) The minimum qualifications and licensing requirements for
businesses to operate as mobile vendors and service providers.

(3) Appropriate timelines for license renewal and procedures
for license revocation.

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begin delete

SECTION 1.  

Article 5.5 (commencing with Section 12098.9) is
added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read:

 

Article 5.5.  Standard Pop-Up Regulation Zones Act

 

12098.9.  

(a) The office shall develop, in consultation with
local governmental entities, a model local ordinance or resolution
regulating mobile retail operations within the jurisdiction of a city,
county, or city and county, for adoption by a city, county, or city
and county. The model local ordinance should define the
parameters of licensing a mobile retail operation based on factors
such as walkability, proximity to economic hubs, and price for
retail space.

(b) The model local ordinance or resolution shall contain
guidelines for licensing mobile and pop-up retail operations and
shall prohibit mobile retail businesses that are not suitable for
mobile operation.

(c) The model local ordinance or resolution shall contain all of
the following:

(1) The types of vehicles or containers allowed to operate as
mobile retailers, including a weight limitation.

(2) The minimum qualifications and licensing requirements for
businesses to operate as mobile vendors and service providers.

(3) Appropriate timelines for license renewal and procedures
for license revocation.

(4) A requirement that the city, county, or city and county
conduct and publish a study on the impact of the local ordinance
or resolution a year after the ordinance or resolution was adopted.

end delete