AB 1679

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 establish a local pop-up business program to allow, notwithstanding any other law, temporary use of commercial space without requiring full compliance with standards applicable to permanent occupancy, as specified. The bill would require the temporary authorization granted by a local jurisdiction under a local pop-up business program to be conditioned on compliance with minimum public health, fire, building, and life-safety standards necessary to prevent immediate risk to occupants and the public. The 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 establish and administer a local pop-up business program, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.