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Sponsored byMark Gonzalez+3 co-sponsors
Last updated Sep 30, 2026 · CA · Source: LegiScan ↗
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Amended IN Senate June 10, 2026 Amended IN Assembly April 23, 2026 Amended IN Assembly April 16, 2026 Amended IN Assembly March 19, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1679 Introduced by Assembly Members Mark González and Wicks February 02, 2026 An act to add Chapter 5.9 (commencing with Section 51028) to Part 1 of Division 1 of Title 5 of the Government Code, and to amend Section 113930 113789 of the Health and Safety Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST AB 1679, as amended, Mark González. Local pop-up small business program. (1) 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 allow temporary commercial activation authorization for a pop-up small business, as those terms are defined, to operate for no more than 120 days in an eligible commercial space without requiring full compliance with standards applicable to permanent occupancy, as specified. The bill would require a local jurisdiction to consider temporarily suspending, deferring, or modifying specified standards and discretionary requirements. The bill would require a temporary commercial activation to comply with health and safety standards governing temporary use and structures, as specified. This 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 allow temporary commercial activation authorization for pop-up small businesses, this bill would impose a state-mandated local program. (2) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, including temporary food facilities, facilities and requires local health agencies to enforce those provisions. A violation of the California Retail Food Code is generally a misdemeanor. Existing law defines “temporary food facility” to mean a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet and only as a part of the community event or swap meet. “food facility” to include specified permanent and nonpermanent food facilities. This bill would additionally define “temporary food facility” to mean a food facility approved by the enforcement officer that operates at a fixed location as part of a temporary commercial activation authorization, as described above, for a limited duration within an existing commercial structure, as determined by the enforcement officer. specify that the term “food facility” includes a pop-up small business, as described above, that has been approved for limited food preparation. By changing the definition of a crime and because the bill would impose a higher level of service on local health agencies, this bill would impose a state-mandated local program. (3) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Chapter 5.9 (commencing with Section 51028) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read: CHAPTER 5.9. Local Pop-Up Business Program Article 1. General Provisions 51028. The Legislature finds and declares all of the following: (a) Small businesses are essential to California’s economic vitality, job creation, and neighborhood character. (b) Many small businesses face lengthy, costly, and unpredictable approval timelines to open permanent storefronts, requiring substantial upfront investment before market viability can be tested. (c) Extended commercial vacancies reduce foot traffic, public safety, local tax revenue, and community vitality. (d) Short-term commercial activation has proven effective in reducing vacancy, supporting entrepreneurship, and reactivating underutilized commercial space. (e) Existing building, planning, and public health standards are primarily designed for permanent use and may be disproportionate when applied to limited duration commercial activity. (f) Establishing a temporary, low-risk pathway for commercial activation allows small businesses to test locations and concepts while preserving public health and safety. (g) Inconsistent local treatment of temporary commercial activation contributes to prolonged vacancy and uneven economic recovery statewide. (h) Temporary commercial activation may support recovery efforts following natural disasters and other declared emergencies by allowing businesses to reestablish operations in affected communities. (i) Activation of vacant storefronts supports the revitalization of downtowns and neighborhood commercial corridors and promotes pedestrian activity, public safety, and economic resilience. 51028.3. For purposes of this chapter, the following definitions shall apply: (a) (1) “Eligible commercial space” means an existing building or tenant space that meets all of the following: (1) (A) It was granted a certificate of occupancy by the local jurisdiction or passed final inspection that permitted the building to be used for commercial use or the local jurisdiction allows commercial use for the building. (2) (B) It meets applicable health and safety standards associated with the use proposed to be conducted in the building. (3) (C) It is not currently undergoing structural alteration. (4) (D) It does not require modification of fire-resistant elements. (2) For food facilities, in addition to the requirements in paragraph (1), an eligible commercial space shall be fully enclosed by floors, walls, and ceiling. (b) (1) “Eligible temporary use” means commercial activity occurring within either a Group B (Business) or Group M (Mercantile) occupancy, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations), with an occupant load not exceeding 49 persons. (2) “Eligible temporary use” does not include Assembly, Institutional, Residential, or High-Hazard occupancies, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations). (3) For food facilities, “eligible temporary use” shall be limited to activities consistent with limited food preparation or temporary food facility standards under the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code). (c) “Local jurisdiction” means a city, including a charter city, county, or city and county. (d) “Pop-up small business” means a temporary commercial operation conducted in an existing commercial or mixed-use building pursuant to a temporary commercial activation authorization pursuant to this chapter. (e) “Temporary commercial activation authorization” means an authorization issued by a local jurisdiction to a pop-up small business to operate in an eligible commercial space under temporary occupancy standards established pursuant to this chapter. Article 2. Pop-up Small Business Authorization 51028.5. (a) Each local jurisdiction shall allow temporary commercial activation authorization for a pop-up small business to operate in an eligible commercial space for a period not exceeding 120 days. (b) A local jurisdiction may allow renewal or extension of the temporary commercial authorization. (c) A local jurisdiction may require an application for permanent occupancy under applicable local processes for continued operation if the cumulative duration of an eligible temporary use in a single eligible commercial space exceeds 12 months within any 24-month period. (d) Nothing in this chapter shall be construed to prohibit a local agency from requiring an application for permanent occupancy after 12 months within any 24-month period, pursuant to subdivision (c). (e) This chapter shall not be deemed to prohibit a business from applying for permanent occupancy at any time. (f) A local jurisdiction may meet the requirements of this chapter through existing permitting frameworks or by creating a new authorization process, if the temporary commercial activation authorization satisfies or exceeds the requirements of this chapter. 51028.9. (a) A Upon receipt of an application for a temporary use authorized pursuant to Section 51028.5, a local jurisdiction may temporarily suspend, defer, or modify development standards and discretionary requirements that are triggered by permanent occupancy. A local jurisdiction shall consider temporarily suspending, deferring, or modifying the following standards and discretionary requirements. (1) Long-term parking minimum requirements. (2) Public improvements and dedications associated with permanent occupancy. (3) Tenant improvement valuation thresholds triggering full building system upgrades. (4) Discretionary land use procedures required for permanent tenancy, except those related to cannabis, adult business establishments, and alcoholic beverage sales, unless the establishment is a bona fide public eating place, as defined in Section 23038 of the Business and Professions Code. (b) This section shall not be deemed to exempt a property owner or tenant from public improvements or development requirements that are lawfully imposed as a condition of permanent occupancy or structural alteration. 51028.11. (a) A temporary commercial activation authorization shall not allow any of the following: (1) Structural alteration. (2) Modification of fire-resistant elements. (3) Change to a higher risk occupancy classification under the California Building Code (Part 7 of Title 24 of the California Code of Regulations). (b) Notwithstanding any other law, a temporary commercial activation authorization may allow a limited temporary change between Group B (Business) and Group M (Mercantile) occupancies, if the following conditions are met: (1) The occupant load does not exceed 49 persons, except as prohibited in subdivision (a). (2) No structural alteration is required. (3) All applicable fire, health, and safety standards for the temporary occupancy are satisfied. 51028.13. (a) A temporary commercial activation authorization shall comply with applicable health and safety standards governing temporary uses or temporary structures under the California Building Code (Part 7 of Title 24 of the California Code of Regulations) and temporary events provisions under the California Fire Code (Part 9 of Title 24 of the California Code of Regulations), including, but not limited to, standards for temporary structures and fire department access. (b) This chapter shall not be deemed to limit the authority of a local fire official to impose additional safety conditions necessary to protect occupants and the public. 51028.15. (a) A temporary commercial activation authorization under this chapter shall not be deemed to exempt any space from applicable state or federal accessibility requirements. (b) A local jurisdiction shall provide written accessibility compliance guidance materials to an applicant and may require acknowledgment of accessibility obligations as a condition of temporary commercial activation authorization. (c) A temporary commercial activation authorization shall not constitute a determination of full accessibility compliance for purposes of permanent occupancy. 51028.17. (a) (1) A food facility operating pursuant to temporary commercial activation authorization shall comply with all applicable provisions regulating limited food preparation and temporary food facilities under the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code). (2) A food facility seeking to operate pursuant to temporary commercial activation authorization shall not begin operations until the local enforcement agency determines, following a field evaluation conducted by the local enforcement agency, that the commercial space can support an operation consistent with limited food preparation, as defined in Section 113818 of the Health and Safety Code. (b) Notwithstanding any other law, a local enforcement agency responsible for environmental health may impose additional temporary food safety requirements consistent with the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code). 51028.19. This chapter shall not be deemed to authorize a temporary use that poses a risk to public health or safety. 51028.21. (a) A local jurisdiction may establish any of the following: (1) Eligible uses and operational limits consistent with this chapter. (2) Fire, accessibility, and health and safety standards appropriate for temporary use. (3) Fees not exceeding the reasonable costs of program administration. (4) Enforcement mechanisms and penalties for noncompliance. (b) A temporary commercial activation authorization shall not be deemed to confer a vested right. A local jurisdiction may revoke a temporary commercial activation authorization for a violation of a condition of this chapter or a local pop-up business program. (c) A temporary commercial activation authorization granted pursuant to a local pop-up business program pursuant to this chapter shall not be deemed permanent occupancy or establish legal nonconformity. SEC. 2. Section 113930 of the Health and Safety Code is amended to read: 113930. “Temporary food facility” means either of the following: (a) A food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet and only as a part of the community event or swap meet. (b) A food facility approved by the enforcement officer that operates at a fixed location as part of a temporary commercial activation authorization, as described in Chapter 5.9 (commencing with Section 51028) of Part 1 of Division 1 of Title 5 of the Government Code, for a limited duration within an existing commercial structure, as determined by the enforcement officer. SEC. 2. Section 113789 of the Health and Safety Code is amended to read: 113789. (a) “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following: (1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food. (2) A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. (b) “Food facility” includes permanent and nonpermanent food facilities, including, but not limited to, the following: (1) Public and private school cafeterias. (2) Restricted food service facilities. (3) Licensed health care facilities, except as provided in paragraph (12) of subdivision (c). (4) Commissaries. (5) Mobile food facilities. (6) Mobile support units. (7) Temporary food facilities. (8) Vending machines. (9) Certified farmers’ markets, for purposes of permitting and enforcement pursuant to Section 114370. (10) Farm stands, for purposes of permitting and enforcement pursuant to Section 114375. (11) Fishermen’s markets. (12) Microenterprise home kitchen operations. (13) Catering operation. (14) Host facility. (15) Pop-up small businesses, as defined in Section 51028.3 of the Government Code, that have been approved for limited food preparation by the enforcement agency. (c) “Food facility” does not include any of the following: (1) A cooperative arrangement wherein no permanent facilities are used for storing or handling food. (2) A private home when used for private, noncommercial purposes or when used as a cottage food operation that is registered or has a permit pursuant to Section 114365. (3) A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period. (4) A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event. (5) Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption. (6) An outlet or location, including, but not limited to, premises, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer. (7) A commercial food processing establishment, as defined in Section 111955. (8) A child day care facility, as defined in Section 1596.750. (9) A community care facility, as defined in Section 1502. (10) A residential care facility for the elderly, as defined in Section 1569.2. (11) A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01. (12) (A) An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer. (B) A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak. (13) A community food producer, as defined in Section 113752. (14) A limited service charitable feeding operation, as defined in Section 113819. SEC. 3. (a) The Legislature finds and declares all of the following: (1) Inconsistent local treatment of temporary commercial activation authorization contributes to prolonged commercial vacancy, uneven economic recovery, and barriers to entrepreneurship throughout the state. (2) Commercial vacancy reduction and small business activation materially affect statewide economic recovery, employment, sales tax generation, and community stability. (3) Statewide temporary commercial activation authorization supports recovery efforts following natural disasters, including wildfires and other declared emergencies, by providing flexible pathways for businesses to reestablish operations in affected communities. (4) Revitalization of downtowns and neighborhood commercial corridors has been identified as a statewide priority, and activation of vacant storefronts promotes pedestrian activity, public safety, and economic resilience. (5) Promoting a consistent regulatory framework that demonstrates California’s commitment to small business development and commercial corridor revitalization is a matter of statewide concern and is not a purely municipal affair. (b) The Legislature finds and declares for all these reasons, a statewide requirement for a temporary commercial activation authorization framework for a local pop-up business program is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Chapter 5.9 (commencing with Section 51028) to Part 1 of Division 1 of Title 5 of the Government Code applies to all cities, including charter cities. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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