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Non-Tech : Bill Wexler's Dog Pound -- Ignore unavailable to you. Want to Upgrade?

To: JDN who wrote (3906)	9/22/1999 2:59:00 PM
From: Kevin Podsiadlik	Read Replies (1) \| Respond to of 10293

Here is the text of the bill (Cal. AB 84). Part of the subterfuge involves the fact that the original AB 84 had nothing whatsoever to do with the bill as it currently reads. SECTION 1. The Legislature finds and declares as follows: (a) Whereas large retail stores over 100,000 square feet present unique challenges for local government. (b) Whereas large retail stores over 100,000 square feet require a significantly higher commitment of police, fire, and public safety resources as opposed to smaller neighborhood stores. (c) Whereas large retail stores over 100,000 square feet create more traffic congestion and pollution that tend to strain local streets and highways. (d) Whereas large retail stores over 100,000 square feet must generate significant moneys from sales tax revenues to offset the added costs to local government. (e) Therefore, the Legislature finds and declares that in order to finance the burden of large retail operations over 100,000 square feet, not more than 10 percent of the store sales shall be nontaxable. SEC. 2. Section 65963.2 is added to the Government Code, to read: 65963.2. (a) No project subject to approval by a public agency for a retail store, or for any development that includes a retail store, may be authorized if both of the following conditions exist: (1) The square footage of the retail store will exceed 100,000 square feet. (2) More than 15,000 square feet of the retail store will be devoted to the sale of nontaxable merchandise. (b) For purposes of this section, the sales and square footage of adjacent stores shall be aggregated if the stores share checkstands, management, a controlling ownership interest, a warehouse, or a distribution facility. (c) The owner of a retail store with a square footage exceeding 100,000 square feet approved on or after January 1, 2000, shall annually file a report with the local agency where the retail store is located specifying the square footage of the retail store devoted to the sale of nontaxable merchandise during the previous year. (d) (1) Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to enforce the requirements of this section. (2) If the nontaxable square footage exceeds the limits specified in paragraph (2) of subdivision (a), the court shall award the state, and not the prevailing plaintiff, an amount of not more than 50 percent of the nontaxable sales for the previous year or not more than 50 percent of the value of the square footage devoted to the sale of nontaxable merchandise, whichever is greater. (3) The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this subdivision. (4) Any penalties, costs, and fees shall be paid by the owner of the retail store. (5) The Legislature finds and declares that this act concerns matters of statewide concern, including state tax revenues and traffic.