BILL ANALYSIS �
AB 2719
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Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2719 (Bonta) - As Amended: May 5, 2014
Policy Committee: Local
GovernmentVote:9 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the Governor's Office of Planning and
Research (OPR) to develop, in consultation with local
governmental entities, a model local ordinance or resolution
regulating mobile retail operations within the jurisdiction of a
city or county for adoption by a city or county. Specifically,
this bill:
1)Requires the model local ordinance to define the parameters of
licensing a mobile retail operation based on factors such as
walkability, proximity to economic hubs, and price for retail
space.
2)Requires the model local ordinance or resolution to contain
guidelines for licensing mobile and pop-up retail operations
and to prohibit mobile retail businesses that are not suitable
for mobile operations.
3)Requires the model local ordinance or resolution to include
the types of vehicles or containers allowed to operate as
mobile retailers, minimum qualifications and licensing
requirements for businesses to operate as mobile vendors and
service providers, and appropriate timelines for license
renewal and procedures for license revocation.
4)Defines "mobile retail operations" to mean the sale of goods
that are not food from a vehicle, and "pop-up operations" to
mean the sale of goods and services that are not food or
related to food from a temporary venue.
FISCAL EFFECT
AB 2719
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1)Minor and absorbable costs to OPR. The bill does not specify a
deadline for OPR to produce the model ordinance, giving OPR
the flexibility to develop it within the existing resources
and priorities of the office.
2)Negligible fiscal impact to cities and counties. The bill does
not require local jurisdictions to adopt the model ordinance.
COMMENTS
1)Purpose . According to the author, a pop-up shop is a
short-term retail space that appears suddenly, quickly drawing
in customers, and then disappears when the optimal selling
season is over. Arts and crafts businesses can briefly set up
shop in a vacant storefront in a mall or other type of
shopping center. Many large retailers incorporate pop-ups in
their main retail space to briefly promote trendy events.
The author argues that temporary stores or pop-ups run up
against regulatory challenges because there is no standard
process for licensing their operations. Some local districts
highly regulate these operations through strict rule
enforcement while others exercise very little regulatory
authority over these businesses. The lack of a standardized
process deters small business development because owners bear
the expense and difficulty of modifying their operation to
suit each new location. Owners are discouraged by a hugely
bureaucratic structure that ill suits the realities of
operating a limited or temporary retail business. This bill
seeks to remedy this situation by standardizing the process
across the state by drafting a model local ordinance that will
provide regulatory guidelines for local jurisdictions to
follow.
2)Office of Planning and Research (OPR) . Created in 1970, the
Governor's Office of Planning and Research (OPR) serves the
Governor and his Cabinet as staff for long-range planning and
research, and constitutes the comprehensive state planning
agency. Among its many tasks is to provide general planning
assistance to local governments
Analysis Prepared by : Jennifer Swenson / APPR. / (916)
319-2081
AB 2719
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