Amended in Senate June 17, 2014

Amended in Assembly May 5, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2719


Introduced by Assembly Member Bonta

February 21, 2014


An act to add Section 65040.65 to the Government Code, relating to business.

LEGISLATIVE COUNSEL’S DIGEST

AB 2719, as amended, Bonta. Mobile retail operationsbegin insert and pop-up operationsend insert: model local ordinance or resolution.

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.

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 operationsbegin insert and pop-up operationsend insert, 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 tobegin delete operateend deletebegin insert be usedend insert as mobile retailers,begin insert the types of structures to be used in pop-up operations,end insert minimum qualifications for businesses operating in this manner, and procedures for license renewal and revocationbegin insert, and other provisions relevant to the operation of mobile retail and pop-up businessesend insert.

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

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

P2    1

SECTION 1.  

Section 65040.65 is added to the Government
2Code
, to read:

3

65040.65.  

(a) The office shall develop, in consultation with
4local governmental entities, a model local ordinance or resolution
5regulating mobile retailbegin insert and pop-upend insert operations within the
6jurisdiction of a city, county, or city and county, for adoption by
7a city, county, or city and county. The model local ordinance shall
8define the parameters of licensing a mobile retailbegin insert or pop-upend insert
9 operation based on factors such as walkability, proximity to
10economic hubs, andbegin delete price for retail space.end deletebegin insert other factors relevant
11to the operation of mobile retail and pop-up businesses.end insert

12(b) The model local ordinance or resolution shall contain
13guidelines for licensing mobile retail operations and pop-up
14operationsbegin delete andend deletebegin insert,end insert shall prohibit mobile retail businesses that are not
15suitable for mobilebegin insert retailend insert operationbegin insert, and shall prohibit pop-up
16businesses that are not suitable for pop-up operationend insert
. For the
17purposes of this section:

18(1) “Mobile retail operations” means the sale of goodsbegin insert and
19servicesend insert
that are not food from a vehicle.

20(2) “Pop-up operations” means the sale of goods and services
21that are not food or related to food from a temporary venue.

22(c) The model local ordinance or resolution shall contain all of
23the following:

24(1) The types of vehiclesbegin delete or containersend delete allowed tobegin delete operate as
25mobile retailers,end delete
begin insert be used in mobile retail operations,end insert including a
26weight limitation.

begin insert

27(2) The types of structures allowed to be used in pop-up
28operations.

end insert
begin delete

23 29(2)

end delete

30begin insert(3)end insert The minimum qualifications and licensing requirements for
31businesses tobegin delete operate as mobile vendors and service providers.end delete
32begin insert engage in mobile retail operations or pop-up operations.end insert

begin delete

25 33(3)

end delete

34begin insert(4)end insert Appropriate timelines for license renewal and procedures
35for license revocation.

begin insert

P3    1(5) Other provisions relevant to the operation of mobile retail
2and pop-up businesses.

end insert


O

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