(1) Existing law establishes various programs to promote small businesses operating in nonstandard locations, including cottage food operations and sidewalk vendors, and imposes requirements on, and provides authorizations to, local governments relating to these programs. Existing law authorizes the legislative body of an incorporated city or the board of supervisors of a county, as applicable, to license any kind of business not prohibited by law, transacted and carried on within the limits of the jurisdiction of the city or county, and to fix the rate of the license fee and provide for its collection, as provided.
This bill would require a city, including a charter city, county, or city and county, defined as a local jurisdiction to allow temporary commercial activation authorization for a pop-up small business, as those terms are defined, to operate for no more than 120 days in an eligible commercial space without requiring full compliance with standards applicable to permanent occupancy, as specified. The bill would require a local jurisdiction to consider temporarily suspending, deferring, or modifying specified standards and discretionary requirements. The bill would require a temporary commercial activation to comply with health and safety standards governing temporary use and structures, as specified.
This bill would further require a local jurisdiction to provide written accessibility compliance guidance materials to an applicant. The bill would authorize a local jurisdiction to establish fees not exceeding the reasonable costs of program administration and create enforcement mechanisms and penalties for noncompliance. By requiring a city, including a charter city, county, or city and county to allow temporary commercial activation authorization for pop-up small businesses, this bill would impose a state-mandated local program.
(2) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and requires local health agencies to enforce those provisions. A violation of the California Retail Food Code is generally a misdemeanor. Existing law defines "food facility" to include specified permanent and nonpermanent food facilities.
This bill would specify that the term "food facility" includes a pop-up small business, as described above, that has been approved for limited food preparation. By changing the definition of a crime and because the bill would impose a higher level of service on local health agencies, this bill would impose a state-mandated local program.
(3) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.