Special business regulations: shopping carts.

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New Section 22435.7.5 requires any local ordinance authorizing cart retrieval to include: criteria for determining when a cart is inaccessible to the owner, an explanation of how costs are calculated, at least 48 hours actual notice before retrieval, and a cost recovery cap of $100 per cart (with no recovery allowed for inaccessible carts).

New Section 22435.7.5 explicitly authorizes immediate retrieval without advance notice when a cart impedes emergency services or poses a substantial threat to health and safety, including imminent hazards.

The maximum fine for failure to retrieve shopping carts was reduced from $150 to $100 per occurrence in excess of three during a six-month period.

New Section 22435.7.5 creates a complaint-based retrieval pathway: when a member of the public files a complaint, the city may either retrieve without notice (but cannot recover costs) or provide 48 hours notice (and may recover costs up to $100).

Section 22435.7(b)(1)(A) now requires that retrieval and return be done 'in accordance with Section 22435.7.5,' meaning the new section's ordinance requirements are a prerequisite for any cart retrieval under the existing law.

New Section 22435.7.5(e) explicitly states that the new requirements do not prohibit a city from retrieving and returning shopping carts without seeking reimbursement, preserving the option of free retrieval services.

The definition of actual notice was tightened: mail now requires delivery confirmation (previously plain mail was listed), and the term 'phone' was changed to 'telephone.' The city must maintain a record of proof of delivery.

New Section 22435.7.5 defines that the parking area of a retail establishment in a multistore complex or shopping center includes the entire parking area used by the complex or center, not just the individual store's designated spots.

Added 'STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL' header and Chapter 785 designation with the Governor's approval date of October 13, 2025.

Removed legislative process markings including Senate passage date (September 12, 2025), Assembly passage date (September 11, 2025), signature lines, and the 'received by Governor' placeholder line.

The bill now amends Section 22435.7 in addition to Section 22435, expanding from a simple definitional fix to a full regulatory framework for shopping cart retrieval and impoundment by local governments.

Local governments can now choose to retrieve and return a shopping cart to the retail premises instead of only impounding it, and may recover actual costs for doing so.

'Actual notice' now requires proof that the notice was delivered to the owner or agent (via mail, phone, or electronic transmission with delivery confirmation), and the local government must maintain a record of that proof.

Impounded carts must be held at a location reasonably convenient to the owner and open for business at least six hours per business day.

The fine for failure to retrieve carts changed from a fixed maximum of $50 per occurrence to an amount established by the local government itself, giving cities and counties discretion over the penalty amount.

New provision allows immediate retrieval or impoundment without the standard 3-day notice when a shopping cart impedes emergency services.

A new exception allows cities to impound a cart without 3-day advance notice if they provide actual notice within 24 hours after impoundment. If the owner reclaims the cart within 3 business days of that notice, it is released free of charge and does not count as an occurrence for fine purposes.

The 30-day disposition period for unclaimed carts now runs from the date of actual notice rather than from receipt of a notice of violation, clarifying when the clock starts.

The bill no longer amends Section 22435 of the Business and Professions Code, which contained definitions for 'shopping cart,' 'laundry cart,' and 'parking area.' The Assembly version only amends Section 22435.7.

Local agencies must now adopt an ordinance before they can retrieve and return shopping carts to the owner or retailer's premises. This was not required in the Senate version.

The local agency's ordinance must include an explanation of how actual costs for retrieving and returning a shopping cart will be determined, providing transparency to cart owners.

A new cap limits cost recovery for retrieval and return of a shopping cart to $500 per cart. The Senate version had no dollar limit on these costs.

The maximum fine for repeated failure to retrieve shopping carts (more than 3 occurrences in a 6-month period) is raised from $50 to $150 per occurrence. The Senate version allowed the local agency to set its own amount without a stated cap; the Assembly version sets an explicit $150 ceiling.