Local pop-up small business program.

The definition of which California Retail Food Code chapters apply to pop-up food businesses was expanded from only Chapter 1 (Section 113700) to Chapters 1 through 8 (Sections 113700-114250), Chapter 11 (Section 114355), and Chapter 13 (Section 114380). This means pop-up food businesses must now comply with a much broader set of food safety regulations, including provisions covering food handling, equipment, employee health, and other operational standards beyond the basic definitions chapter.

Section 4 (the state mandates reimbursement clause) was rewritten. The old version included a 'However' fallback stating that if the Commission on State Mandates determined the act contained other costs mandated by the state, reimbursement would be made. The new version removes that fallback entirely and adds an additional justification: local agencies have authority to levy service charges, fees, or assessments sufficient to cover the program costs. This makes a stronger claim that no state reimbursement is owed for any costs imposed by the bill.

A typo in Section 113789(c)(8) was corrected: 'child day care daycare facility' was changed to 'child daycare facility.'

The entire amendment to Section 113930 of the Health and Safety Code was deleted. Previously, the bill would have expanded the definition of 'temporary food facility' to include pop-up small businesses operating under a temporary commercial activation authorization within an existing commercial structure.

The definition of 'eligible temporary use' for food facilities was narrowed from 'limited food preparation or temporary food facility standards' to just 'limited food preparation' under the California Retail Food Code, removing the reference to the now-deleted temporary food facility category.

Section 51028.17(a)(1) was simplified to require compliance only with provisions regulating 'limited food preparation' rather than both 'limited food preparation and temporary food facilities,' aligning with the removal of the separate temporary food facility definition.

Senators Arreguin and Durazo were added as coauthors of the bill.

Food facilities operating under a temporary commercial activation authorization must not begin operations until the local enforcement agency conducts a field evaluation and determines the space can support limited food preparation as defined in Section 113818 of the Health and Safety Code.

Section 51028.9 now specifies that the authority to suspend, defer, or modify development standards is triggered 'upon receipt of an application for a temporary use authorized pursuant to Section 51028.5,' clarifying when local jurisdictions may invoke this flexibility.

For food facilities, an eligible commercial space must be fully enclosed by floors, walls, and ceiling, in addition to meeting the general eligibility criteria (certificate of occupancy, health and safety standards, no structural alteration, no fire-resistant element modification).

New amendment to Section 113789 of the Health and Safety Code adds a comprehensive definition of 'food facility' that explicitly includes pop-up small businesses (as defined in Government Code Section 51028.3) that have been approved for limited food preparation by the enforcement agency, alongside other categories like mobile food facilities, temporary food facilities, and microenterprise home kitchen operations.

Section 51028.5(f) changed from requiring existing frameworks to 'satisfy the requirements' to 'satisfy or exceed the requirements,' a minor clarification that existing processes meeting or exceeding the chapter's standards are sufficient.

The separate reimbursement provision (former SEC. 3) stating no reimbursement is required because local agencies have authority to levy service charges, fees, or assessments was removed from the operative text, leaving only the crime/infraction-based reimbursement exemption as SEC. 4.

New Section 2 amends Health and Safety Code Section 113930 to add a second definition of 'temporary food facility': a food facility operating at a fixed location as part of a temporary commercial activation authorization within an existing commercial structure, for a limited duration as determined by the enforcement officer. Previously the term only covered food facilities at community events or swap meets.

The bill's short title now references both adding Chapter 5.9 to the Government Code and amending Section 113930 of the Health and Safety Code, reflecting the expanded statutory footprint.

Assembly Member Wicks was added as a co-author alongside Assembly Member Gonzalez.

Section 51028.5(a) changed from requiring each local jurisdiction to 'establish a local pop-up business program' to simply requiring them to 'allow temporary commercial activation authorization for a pop-up small business.' This removes the obligation to create a formal program structure and gives localities more flexibility in how they implement the authorization.

Section 51028.19 changed the prohibition threshold from uses that pose a 'clear and immediate risk' to public health or safety to uses that pose a 'risk' to public health or safety, broadening the scope of what local jurisdictions must deny.

Section 51028.9(a) removed the qualifier 'and are not directly related to immediate life-safety risks' from the list of standards a local jurisdiction may suspend, defer, or modify, and removed the 'Notwithstanding any other law' preamble.

The definition of 'pop-up small business' in Section 51028.3(d) removed the phrase 'for a period not exceeding 120 days, subject to renewal pursuant to this chapter,' moving the time limit solely to the operational provision in Section 51028.5(a).

New Section 4 provides that no reimbursement is required for costs related to creating or changing a crime or infraction, but if the Commission on State Mandates determines the act contains other state-mandated costs, reimbursement shall be made under Government Code Part 7.

The amendment to Section 117505 of the Health and Safety Code (prohibiting operable toilets on vessels in navigable waters) was removed entirely, narrowing the bill to only the pop-up business program.

A new exception was added to Section 51028.9(a)(4) excluding discretionary land use procedures related to cannabis, adult business establishments, and alcoholic beverage sales from the suspension/deferral authority, unless the establishment is a bona fide public eating place as defined in Section 23038 of the Business and Professions Code.

The definition of 'eligible commercial space' now requires that the building was granted a certificate of occupancy or passed final inspection permitting commercial use, and must meet applicable health and safety standards for the proposed use. Previously it only required the space be previously designed or used for commercial purposes.

Section 51028.9(a) changed from 'a local jurisdiction may temporarily suspend, defer, or modify' to 'a local jurisdiction shall consider temporarily suspending, deferring, or modifying' certain development standards, making the consideration of these suspensions a mandatory obligation rather than optional.

Safety compliance language was broadened throughout from 'fire and life-safety provisions' to 'fire, health, and safety standards' or 'health and safety standards' in Sections 51028.11(b)(3), 51028.13(a), and 51028.21(a)(2), expanding the scope of standards that must be met.

Section 51028.21(b) now allows revocation of a temporary authorization for violation of 'a condition of this chapter or a local pop-up business program,' adding the state chapter itself as a basis for revocation beyond just local program conditions.

Section 51028.5 was restructured to explicitly state the 120-day limit in the program requirement language and added a new subdivision (d) clarifying that nothing prohibits a local agency from requiring permanent occupancy application after 12 months within any 24-month period.

The bill's fiscal committee designation changed from 'no' to 'yes' and state-mandated local program designation changed from 'no' to 'yes,' indicating the bill now triggers fiscal review and is formally recognized as imposing a state-mandated local program.

Added an entirely new Chapter 5.9 (Sections 51028-51028.23) to the Government Code establishing a mandatory local pop-up business program for all cities, counties, and city and counties, including charter cities.

The bill's scope expanded from a single technical correction to vessel toilet regulations (Health and Safety Code Section 117505) to a comprehensive statewide small business regulatory framework spanning both the Government Code and Health and Safety Code.

Defined eligible commercial space as existing buildings previously used for commercial purposes that are not undergoing structural alteration and do not require modification of fire-resistant elements. Limited to Group B (Business) or Group M (Mercantile) occupancies with occupant load not exceeding 49 persons.

Requires temporary authorizations 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, while allowing local jurisdictions to suspend parking minimums, public improvement dedications, tenant improvement thresholds, and discretionary land use procedures.

Set a maximum authorization period of 120 days per grant, with cumulative duration capped at 12 months within any 24-month period in a single space. After the cap is reached, businesses must apply for permanent occupancy through standard processes.

Authorizes local jurisdictions to establish fees not exceeding the reasonable costs of program administration. No state reimbursement required because local agencies can levy sufficient fees under Government Code Section 17556.

Allows local jurisdictions to create enforcement mechanisms and penalties for noncompliance, revoke authorizations for violations, and imposes that no vested rights are created by temporary authorizations.

Added definitions for eligible commercial space, eligible temporary use, local jurisdiction, local pop-up business program, pop-up small business, and temporary commercial activation authorization.

Added legislative findings declaring the matter one of statewide concern rather than a municipal affair, ensuring the bill applies to charter cities under Article XI, Section 5 of the California Constitution.