§ 65632
405 words·~2 min read·
/ca/government-code/65632A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as provided by subdivisions
(c)to (e), inclusive, a local agency shall not treat a thrift retail store differently from a nonthrift retail store engaged in the sale of new items that are similar to items sold by a thrift retail store for purposes of zoning, development standards, including, but not limited to, height, size, parking requirements, or setbacks from adjacent uses, or permitting. A local agency may also require that thrift retail stores meet certain aesthetic or design standards, including design review approval, provided those standards or design review, or both, are also required of nonthrift retail stores.
(b)A local agency shall not prohibit a thrift retail store from receiving used and donated items for sale in the store or other thrift retail stores, or reuse or recycling, or both reuse and recycling, through other means.
(c)Nothing in this section shall be construed to prohibit the adoption or enforcement of reasonable local rules or ordinances on retail establishments engaged in the sale of new items that are similar to items sold by a thrift retail store.
(d)Nothing in this section shall be construed to prohibit the adoption or enforcement of reasonable local rules or ordinances on the collection or receipt of used and donated items by a thrift retail store, including, but not limited to, reasonable local rules or ordinances related to any of the following:
(1)Requirements that the delivery of goods or donations is conducted within a specified area of the premises of a thrift retail store.
(2)Requirements that any donation be accepted only during business hours.
(3)Requirements that the donation process is operated by employees of the thrift retail store and that the donations of goods from the public are collected and received by employees of the thrift retail store.
(4)Limitations on the square footage or percentage of the thrift retail store premises within which collecting and receiving activities are conducted.
(5)Requirements applicable to the operation of equipment associated with the collection, receipt, processing, or disposal of used and donated goods.
(6)Enforcement of health and safety standards including, but not limited to, standards relating to shopping center ingress and egress or the enforcement of illegal dumping.
(e)Nothing in this section shall be construed to limit or otherwise affect the ability of a local agency to adopt or enforce any local rules or ordinances on businesses other than thrift retail stores.