BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2719|
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THIRD READING
Bill No: AB 2719
Author: Bonta (D)
Amended: 6/17/14 in Senate
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 6-1, 6/25/14
AYES: Wolk, Knight, Beall, DeSaulnier, Hernandez, Liu
NOES: Walters
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 67-6, 5/23/14 - See last page for vote
SUBJECT : Mobile retail operations and pop-up operations:
model local ordinance or resolution
SOURCE : PopupHood
West Coast Mobile Retail Association
DIGEST : This bill directs the Governors Office of Planning
and Research (OPR), in consultation with local agencies, to
establish a model local ordinance regulating mobile retail
operations, with guidelines for the regulation of temporary or
pop-up retail operations. This bill does not apply to retail
food sales.
ANALYSIS : OPR was established in 1970 to serve the Governor
and his cabinet on issues of long-range planning and research
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(AB 2070, Assembly Select Committee on Environmental Quality,
Chapter 1534). Among other duties, OPR researches growth and
development, manages state planning grants and coordinates
federal grants, and is the comprehensive state planning agency
for California.
Local agencies have authority over land use decisions and the
regulation of retail establishments, under their general police
powers. State law can limit local land use regulation. For
instance, the state limits local agencies' authority to permit
housing construction in a flood zone unless certain safety
standards are met.
To address issues of statewide concern, the state periodically
has issued model ordinances. The state has adopted model
ordinance language for landscape conservation, to reduce water
consumption (AB 325, Clute, Chapter 1145, Statutes of 1990), for
the diversion of construction and demolition wastes from
landfills, to improve reuse and recycling of construction
materials (SB 1374, Kuehl, Chapter 501, Statutes of 2002), and
on other topics as well.
This bill directs OPR, in consultation with local agencies, to
establish a model local ordinance regulating mobile retail
operations, with guidelines for the regulation of temporary or
pop-up retail operations. This bill does not apply to retail
food sales.
The model ordinance must:
Define parameters for licensing of mobile retail operations
based on factors such as walkability, proximity to economic
hubs, and other relevant factors.
Contain guidelines for licensing mobile retail and pop-up
operations and prohibit operations that are not suitable for
mobile or pop-up retail.
Designate the types of vehicles or structures allowed to be
used for these retail operations.
Establish minimum qualifications and licensing requirements
for businesses to operate as mobile or pop-up vendors.
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Establish appropriate timelines for license renewal and
procedures for license revocation.
Identify other factors relevant to the operations of these
businesses.
Comments
Mobile retail and pop-up entrepreneurs represent a growing
segment of California's economy. These businesses, typically
operated as small businesses, can face a tangle of licensing and
regulatory barriers that impede their success and the economic
growth they can bring to California. Local agencies are
beginning to recognize the value of these emerging business
strategies, but few local agencies have amended their regulatory
and licensing requirements around the unique nature of these
businesses. This bill will support greater consistency across
local agencies and improved recognition of how these businesses
operate through the drafting of a model ordinance. This bill
directs OPR, in consultation with local agencies, to draft an
appropriate model ordinance for statewide dissemination.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/15/14)
PopupHood (co-source)
West Coast Mobile Retail Association (co-source)
City and County of San Francisco
City of Oakland
Fashion Law Group
Oakland Chamber of Commerce
ARGUMENTS IN SUPPORT : According to the author:
AB 2719 standardizes the regulatory process for pop-up and
mobile boutique retail operations across the state by
providing a model local ordinance for adoption by local
jurisdictions.
AB 2719 provides a flexible legal template necessary for the
operation of safe, clean, thriving small businesses in an
ever-changing business environment. The bill also bridges the
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gap between the new retail environment and outdated laws and
regulatory frameworks that do not meet the demands of the new
market.
ASSEMBLY FLOOR : 67-6, 5/23/14
AYES: Achadjian, Alejo, Ammiano, Bigelow, Bloom, Bocanegra,
Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Ch�vez, Chesbro, Cooley, Dababneh, Dahle, Daly, Dickinson,
Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez,
Gonzalez, Gordon, Gorell, Gray, Hagman, Hall, Holden,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande, Pan,
Perea, John A. P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NOES: Allen, Donnelly, Grove, Jones, Mansoor, Olsen
NO VOTE RECORDED: Bonilla, Conway, Harkey, Roger Hern�ndez,
Patterson, V. Manuel P�rez, Vacancy
AB:k 8/15/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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