Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 753Introduced by Senator CorteseFebruary 21, 2025An act to amend Section 22435 of the Business and Professions Code, relating to business. An act to amend Section 22435.7 of the Business and Professions Code, relating to business.LEGISLATIVE COUNSEL'S DIGESTSB 753, as amended, Cortese. Shopping and laundry carts. Special business regulations: shopping carts.Existing law authorizes a city, county, or city and county to impound a shopping cart that has a specified permanently affixed sign if certain conditions are satisfied, including that the city, county, or city and county provides 3-day advance actual notice of the shopping carts discovery and location to the owner of the shopping cart or their agent, except as specified.This bill would authorize a city, county, or city and county, to retrieve and return a shopping cart to the parking area or premises of the owner or retailer identified on the affixed sign, as specified, and to recover its actual costs for the retrieval and return. The bill would also require actual notice for purposes of these provisions to include proof that the notice was delivered to the owner or their agent, as specified, and require the city, county, or city and county to maintain a record of that proof of delivery.Existing law authorizes the city, county, or city and county to fine the owner of a shopping cart in an amount not to exceed $50 for each occurrence in excess of 3 during a specified 6-month period for failure to retrieve shopping carts in accordance with specified law.The bill would authorize a city, county, or city and county to fine the owner of a shopping cart in an amount established by the city, county, or city and county instead of $50 for each occurrence pursuant to the provisions described above.Existing law, if a shopping cart or laundry cart has a sign permanently affixed to it that identifies the owner of the cart or the retailer, makes it unlawful to do specified acts, including removing the shopping cart or laundry cart from the premises or parking area of a retail establishment. This bill would make nonsubstantive changes to the definition of shopping cart and laundry cart for purposes of those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 22435.7 of the Business and Professions Code is amended to read:22435.7. (a) The Legislature hereby finds that the retrieval by local government agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section.(b) (1) A city, county, or city and county may do either of the following with a shopping cart that has a sign affixed to it in accordance with Section 22435.1 may be impounded by a city, county, that is located outside the premises or city and county, provided both parking area of the following conditions have been satisfied: a retail establishment:(1)The(A) Retrieve and return the shopping cart is located outside to the premises or parking area of a retail establishment. The parking area of a retail establishment located in a multistore complex or shopping center shall include or premises of the entire parking area used by owner or retailer identified on the complex or center. sign.(2)(B) Except as provided in subdivision (i), if the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her their agent, receives actual notice from the city, county, or city and county of the shopping carts discovery and location. location, impound the shopping cart.(2) For purposes of this subdivision, the parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.(c) In instances where the location of a shopping cart will impede emergency services, a city, county, or city and county is authorized to immediately retrieve or impound the shopping cart from public or private property.(d) Any city, county, or city and county that impounds a shopping cart under the authority provided in subdivisions (b) and (c) is authorized to recover its actual costs for providing this service.(e) Any shopping cart that is impounded by a city, county, or city and county pursuant to subdivisions (b) and (c) shall be held at a location that is both:(1) Reasonably convenient to the owner of the shopping cart.(2) Open for business at least six hours of each business day.(f) (1) A city, county, or city and county that retrieves and returns a shopping cart pursuant to this section may recover its actual costs for the retrieval and return from the owner of the shopping cart.(f)(2) (A) A city, county, or city and county may fine the owner of a shopping cart in an amount not to exceed fifty dollars ($50) established by the city, county, or city and county for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one-day period.(B) For purposes of this paragraph, occurrence means a failure to retrieve a shopping cart within three business days from the date the owner of the shopping cart, or their agent, receives actual notice from the city, county, or city and county of the shopping carts discovery and location.(g) Any shopping cart not reclaimed from the city, county, or city and county within 30 days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the entity in possession of the shopping cart.(h) This section shall not invalidate any contract entered into prior to June 30, 1996, between a city, county, or city and county and a person or business entity for the purpose of retrieving or impounding shopping carts.(i) Notwithstanding subparagraph (B) of paragraph (2) (1) of subdivision (b), a city, county, or city and county may impound a shopping cart that otherwise meets the criteria set forth in paragraph (1) of subdivision (b) that subparagraph without complying with the three-day advance notice requirement provided that:(1) The owner of the shopping cart, or his or her their agent, is provided actual notice within 24 hours following the impound and that notice informs the owner, or his or her their agent, as to the location where the shopping cart may be claimed.(2) Any shopping cart so impounded shall be held at a location in compliance with subdivision (e).(3) Any shopping cart reclaimed by the owner or his or her their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to subdivision (d) or (f). Any cart reclaimed within the three-business-day period shall not be deemed an occurrence for purposes of subdivision (f).(4) Any shopping cart not reclaimed by the owner or his or her their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be subject to any applicable fee or fine imposed pursuant to subdivision (d) or (f) commencing on the fourth business day following the date of the notice.(5) Any shopping cart not reclaimed by the owner or his or her their agent, within 30 days of receipt following the date of actual notice as provided pursuant to paragraph (1), may be sold or disposed of in accordance with subdivision (g).(j) For purposes of this section, actual notice shall require proof that the notice was delivered to the owner, or their agent, which may include, but is not limited to, mail, phone, or electronic transmission with delivery confirmation. The city, county, or city and county shall maintain a record of that proof of delivery.SECTION 1.Section 22435 of the Business and Professions Code is amended to read:22435.As used in this article:(a)Shopping cart means a basket that is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.(b)Laundry cart means a basket that is mounted on wheels and used in a coin-operated laundry or drycleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them.(c)Parking area means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle.
Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 753Introduced by Senator CorteseFebruary 21, 2025An act to amend Section 22435 of the Business and Professions Code, relating to business. An act to amend Section 22435.7 of the Business and Professions Code, relating to business.LEGISLATIVE COUNSEL'S DIGESTSB 753, as amended, Cortese. Shopping and laundry carts. Special business regulations: shopping carts.Existing law authorizes a city, county, or city and county to impound a shopping cart that has a specified permanently affixed sign if certain conditions are satisfied, including that the city, county, or city and county provides 3-day advance actual notice of the shopping carts discovery and location to the owner of the shopping cart or their agent, except as specified.This bill would authorize a city, county, or city and county, to retrieve and return a shopping cart to the parking area or premises of the owner or retailer identified on the affixed sign, as specified, and to recover its actual costs for the retrieval and return. The bill would also require actual notice for purposes of these provisions to include proof that the notice was delivered to the owner or their agent, as specified, and require the city, county, or city and county to maintain a record of that proof of delivery.Existing law authorizes the city, county, or city and county to fine the owner of a shopping cart in an amount not to exceed $50 for each occurrence in excess of 3 during a specified 6-month period for failure to retrieve shopping carts in accordance with specified law.The bill would authorize a city, county, or city and county to fine the owner of a shopping cart in an amount established by the city, county, or city and county instead of $50 for each occurrence pursuant to the provisions described above.Existing law, if a shopping cart or laundry cart has a sign permanently affixed to it that identifies the owner of the cart or the retailer, makes it unlawful to do specified acts, including removing the shopping cart or laundry cart from the premises or parking area of a retail establishment. This bill would make nonsubstantive changes to the definition of shopping cart and laundry cart for purposes of those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate March 24, 2025
Amended IN Senate March 24, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 753
Introduced by Senator CorteseFebruary 21, 2025
Introduced by Senator Cortese
February 21, 2025
An act to amend Section 22435 of the Business and Professions Code, relating to business. An act to amend Section 22435.7 of the Business and Professions Code, relating to business.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 753, as amended, Cortese. Shopping and laundry carts. Special business regulations: shopping carts.
Existing law authorizes a city, county, or city and county to impound a shopping cart that has a specified permanently affixed sign if certain conditions are satisfied, including that the city, county, or city and county provides 3-day advance actual notice of the shopping carts discovery and location to the owner of the shopping cart or their agent, except as specified.This bill would authorize a city, county, or city and county, to retrieve and return a shopping cart to the parking area or premises of the owner or retailer identified on the affixed sign, as specified, and to recover its actual costs for the retrieval and return. The bill would also require actual notice for purposes of these provisions to include proof that the notice was delivered to the owner or their agent, as specified, and require the city, county, or city and county to maintain a record of that proof of delivery.Existing law authorizes the city, county, or city and county to fine the owner of a shopping cart in an amount not to exceed $50 for each occurrence in excess of 3 during a specified 6-month period for failure to retrieve shopping carts in accordance with specified law.The bill would authorize a city, county, or city and county to fine the owner of a shopping cart in an amount established by the city, county, or city and county instead of $50 for each occurrence pursuant to the provisions described above.Existing law, if a shopping cart or laundry cart has a sign permanently affixed to it that identifies the owner of the cart or the retailer, makes it unlawful to do specified acts, including removing the shopping cart or laundry cart from the premises or parking area of a retail establishment. This bill would make nonsubstantive changes to the definition of shopping cart and laundry cart for purposes of those provisions.
Existing law authorizes a city, county, or city and county to impound a shopping cart that has a specified permanently affixed sign if certain conditions are satisfied, including that the city, county, or city and county provides 3-day advance actual notice of the shopping carts discovery and location to the owner of the shopping cart or their agent, except as specified.
This bill would authorize a city, county, or city and county, to retrieve and return a shopping cart to the parking area or premises of the owner or retailer identified on the affixed sign, as specified, and to recover its actual costs for the retrieval and return. The bill would also require actual notice for purposes of these provisions to include proof that the notice was delivered to the owner or their agent, as specified, and require the city, county, or city and county to maintain a record of that proof of delivery.
Existing law authorizes the city, county, or city and county to fine the owner of a shopping cart in an amount not to exceed $50 for each occurrence in excess of 3 during a specified 6-month period for failure to retrieve shopping carts in accordance with specified law.
The bill would authorize a city, county, or city and county to fine the owner of a shopping cart in an amount established by the city, county, or city and county instead of $50 for each occurrence pursuant to the provisions described above.
Existing law, if a shopping cart or laundry cart has a sign permanently affixed to it that identifies the owner of the cart or the retailer, makes it unlawful to do specified acts, including removing the shopping cart or laundry cart from the premises or parking area of a retail establishment.
This bill would make nonsubstantive changes to the definition of shopping cart and laundry cart for purposes of those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 22435.7 of the Business and Professions Code is amended to read:22435.7. (a) The Legislature hereby finds that the retrieval by local government agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section.(b) (1) A city, county, or city and county may do either of the following with a shopping cart that has a sign affixed to it in accordance with Section 22435.1 may be impounded by a city, county, that is located outside the premises or city and county, provided both parking area of the following conditions have been satisfied: a retail establishment:(1)The(A) Retrieve and return the shopping cart is located outside to the premises or parking area of a retail establishment. The parking area of a retail establishment located in a multistore complex or shopping center shall include or premises of the entire parking area used by owner or retailer identified on the complex or center. sign.(2)(B) Except as provided in subdivision (i), if the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her their agent, receives actual notice from the city, county, or city and county of the shopping carts discovery and location. location, impound the shopping cart.(2) For purposes of this subdivision, the parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.(c) In instances where the location of a shopping cart will impede emergency services, a city, county, or city and county is authorized to immediately retrieve or impound the shopping cart from public or private property.(d) Any city, county, or city and county that impounds a shopping cart under the authority provided in subdivisions (b) and (c) is authorized to recover its actual costs for providing this service.(e) Any shopping cart that is impounded by a city, county, or city and county pursuant to subdivisions (b) and (c) shall be held at a location that is both:(1) Reasonably convenient to the owner of the shopping cart.(2) Open for business at least six hours of each business day.(f) (1) A city, county, or city and county that retrieves and returns a shopping cart pursuant to this section may recover its actual costs for the retrieval and return from the owner of the shopping cart.(f)(2) (A) A city, county, or city and county may fine the owner of a shopping cart in an amount not to exceed fifty dollars ($50) established by the city, county, or city and county for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one-day period.(B) For purposes of this paragraph, occurrence means a failure to retrieve a shopping cart within three business days from the date the owner of the shopping cart, or their agent, receives actual notice from the city, county, or city and county of the shopping carts discovery and location.(g) Any shopping cart not reclaimed from the city, county, or city and county within 30 days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the entity in possession of the shopping cart.(h) This section shall not invalidate any contract entered into prior to June 30, 1996, between a city, county, or city and county and a person or business entity for the purpose of retrieving or impounding shopping carts.(i) Notwithstanding subparagraph (B) of paragraph (2) (1) of subdivision (b), a city, county, or city and county may impound a shopping cart that otherwise meets the criteria set forth in paragraph (1) of subdivision (b) that subparagraph without complying with the three-day advance notice requirement provided that:(1) The owner of the shopping cart, or his or her their agent, is provided actual notice within 24 hours following the impound and that notice informs the owner, or his or her their agent, as to the location where the shopping cart may be claimed.(2) Any shopping cart so impounded shall be held at a location in compliance with subdivision (e).(3) Any shopping cart reclaimed by the owner or his or her their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to subdivision (d) or (f). Any cart reclaimed within the three-business-day period shall not be deemed an occurrence for purposes of subdivision (f).(4) Any shopping cart not reclaimed by the owner or his or her their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be subject to any applicable fee or fine imposed pursuant to subdivision (d) or (f) commencing on the fourth business day following the date of the notice.(5) Any shopping cart not reclaimed by the owner or his or her their agent, within 30 days of receipt following the date of actual notice as provided pursuant to paragraph (1), may be sold or disposed of in accordance with subdivision (g).(j) For purposes of this section, actual notice shall require proof that the notice was delivered to the owner, or their agent, which may include, but is not limited to, mail, phone, or electronic transmission with delivery confirmation. The city, county, or city and county shall maintain a record of that proof of delivery.SECTION 1.Section 22435 of the Business and Professions Code is amended to read:22435.As used in this article:(a)Shopping cart means a basket that is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.(b)Laundry cart means a basket that is mounted on wheels and used in a coin-operated laundry or drycleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them.(c)Parking area means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 22435.7 of the Business and Professions Code is amended to read:22435.7. (a) The Legislature hereby finds that the retrieval by local government agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section.(b) (1) A city, county, or city and county may do either of the following with a shopping cart that has a sign affixed to it in accordance with Section 22435.1 may be impounded by a city, county, that is located outside the premises or city and county, provided both parking area of the following conditions have been satisfied: a retail establishment:(1)The(A) Retrieve and return the shopping cart is located outside to the premises or parking area of a retail establishment. The parking area of a retail establishment located in a multistore complex or shopping center shall include or premises of the entire parking area used by owner or retailer identified on the complex or center. sign.(2)(B) Except as provided in subdivision (i), if the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her their agent, receives actual notice from the city, county, or city and county of the shopping carts discovery and location. location, impound the shopping cart.(2) For purposes of this subdivision, the parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.(c) In instances where the location of a shopping cart will impede emergency services, a city, county, or city and county is authorized to immediately retrieve or impound the shopping cart from public or private property.(d) Any city, county, or city and county that impounds a shopping cart under the authority provided in subdivisions (b) and (c) is authorized to recover its actual costs for providing this service.(e) Any shopping cart that is impounded by a city, county, or city and county pursuant to subdivisions (b) and (c) shall be held at a location that is both:(1) Reasonably convenient to the owner of the shopping cart.(2) Open for business at least six hours of each business day.(f) (1) A city, county, or city and county that retrieves and returns a shopping cart pursuant to this section may recover its actual costs for the retrieval and return from the owner of the shopping cart.(f)(2) (A) A city, county, or city and county may fine the owner of a shopping cart in an amount not to exceed fifty dollars ($50) established by the city, county, or city and county for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one-day period.(B) For purposes of this paragraph, occurrence means a failure to retrieve a shopping cart within three business days from the date the owner of the shopping cart, or their agent, receives actual notice from the city, county, or city and county of the shopping carts discovery and location.(g) Any shopping cart not reclaimed from the city, county, or city and county within 30 days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the entity in possession of the shopping cart.(h) This section shall not invalidate any contract entered into prior to June 30, 1996, between a city, county, or city and county and a person or business entity for the purpose of retrieving or impounding shopping carts.(i) Notwithstanding subparagraph (B) of paragraph (2) (1) of subdivision (b), a city, county, or city and county may impound a shopping cart that otherwise meets the criteria set forth in paragraph (1) of subdivision (b) that subparagraph without complying with the three-day advance notice requirement provided that:(1) The owner of the shopping cart, or his or her their agent, is provided actual notice within 24 hours following the impound and that notice informs the owner, or his or her their agent, as to the location where the shopping cart may be claimed.(2) Any shopping cart so impounded shall be held at a location in compliance with subdivision (e).(3) Any shopping cart reclaimed by the owner or his or her their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to subdivision (d) or (f). Any cart reclaimed within the three-business-day period shall not be deemed an occurrence for purposes of subdivision (f).(4) Any shopping cart not reclaimed by the owner or his or her their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be subject to any applicable fee or fine imposed pursuant to subdivision (d) or (f) commencing on the fourth business day following the date of the notice.(5) Any shopping cart not reclaimed by the owner or his or her their agent, within 30 days of receipt following the date of actual notice as provided pursuant to paragraph (1), may be sold or disposed of in accordance with subdivision (g).(j) For purposes of this section, actual notice shall require proof that the notice was delivered to the owner, or their agent, which may include, but is not limited to, mail, phone, or electronic transmission with delivery confirmation. The city, county, or city and county shall maintain a record of that proof of delivery.
SECTION 1. Section 22435.7 of the Business and Professions Code is amended to read:
### SECTION 1.
22435.7. (a) The Legislature hereby finds that the retrieval by local government agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section.(b) (1) A city, county, or city and county may do either of the following with a shopping cart that has a sign affixed to it in accordance with Section 22435.1 may be impounded by a city, county, that is located outside the premises or city and county, provided both parking area of the following conditions have been satisfied: a retail establishment:(1)The(A) Retrieve and return the shopping cart is located outside to the premises or parking area of a retail establishment. The parking area of a retail establishment located in a multistore complex or shopping center shall include or premises of the entire parking area used by owner or retailer identified on the complex or center. sign.(2)(B) Except as provided in subdivision (i), if the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her their agent, receives actual notice from the city, county, or city and county of the shopping carts discovery and location. location, impound the shopping cart.(2) For purposes of this subdivision, the parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.(c) In instances where the location of a shopping cart will impede emergency services, a city, county, or city and county is authorized to immediately retrieve or impound the shopping cart from public or private property.(d) Any city, county, or city and county that impounds a shopping cart under the authority provided in subdivisions (b) and (c) is authorized to recover its actual costs for providing this service.(e) Any shopping cart that is impounded by a city, county, or city and county pursuant to subdivisions (b) and (c) shall be held at a location that is both:(1) Reasonably convenient to the owner of the shopping cart.(2) Open for business at least six hours of each business day.(f) (1) A city, county, or city and county that retrieves and returns a shopping cart pursuant to this section may recover its actual costs for the retrieval and return from the owner of the shopping cart.(f)(2) (A) A city, county, or city and county may fine the owner of a shopping cart in an amount not to exceed fifty dollars ($50) established by the city, county, or city and county for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one-day period.(B) For purposes of this paragraph, occurrence means a failure to retrieve a shopping cart within three business days from the date the owner of the shopping cart, or their agent, receives actual notice from the city, county, or city and county of the shopping carts discovery and location.(g) Any shopping cart not reclaimed from the city, county, or city and county within 30 days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the entity in possession of the shopping cart.(h) This section shall not invalidate any contract entered into prior to June 30, 1996, between a city, county, or city and county and a person or business entity for the purpose of retrieving or impounding shopping carts.(i) Notwithstanding subparagraph (B) of paragraph (2) (1) of subdivision (b), a city, county, or city and county may impound a shopping cart that otherwise meets the criteria set forth in paragraph (1) of subdivision (b) that subparagraph without complying with the three-day advance notice requirement provided that:(1) The owner of the shopping cart, or his or her their agent, is provided actual notice within 24 hours following the impound and that notice informs the owner, or his or her their agent, as to the location where the shopping cart may be claimed.(2) Any shopping cart so impounded shall be held at a location in compliance with subdivision (e).(3) Any shopping cart reclaimed by the owner or his or her their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to subdivision (d) or (f). Any cart reclaimed within the three-business-day period shall not be deemed an occurrence for purposes of subdivision (f).(4) Any shopping cart not reclaimed by the owner or his or her their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be subject to any applicable fee or fine imposed pursuant to subdivision (d) or (f) commencing on the fourth business day following the date of the notice.(5) Any shopping cart not reclaimed by the owner or his or her their agent, within 30 days of receipt following the date of actual notice as provided pursuant to paragraph (1), may be sold or disposed of in accordance with subdivision (g).(j) For purposes of this section, actual notice shall require proof that the notice was delivered to the owner, or their agent, which may include, but is not limited to, mail, phone, or electronic transmission with delivery confirmation. The city, county, or city and county shall maintain a record of that proof of delivery.
22435.7. (a) The Legislature hereby finds that the retrieval by local government agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section.(b) (1) A city, county, or city and county may do either of the following with a shopping cart that has a sign affixed to it in accordance with Section 22435.1 may be impounded by a city, county, that is located outside the premises or city and county, provided both parking area of the following conditions have been satisfied: a retail establishment:(1)The(A) Retrieve and return the shopping cart is located outside to the premises or parking area of a retail establishment. The parking area of a retail establishment located in a multistore complex or shopping center shall include or premises of the entire parking area used by owner or retailer identified on the complex or center. sign.(2)(B) Except as provided in subdivision (i), if the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her their agent, receives actual notice from the city, county, or city and county of the shopping carts discovery and location. location, impound the shopping cart.(2) For purposes of this subdivision, the parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.(c) In instances where the location of a shopping cart will impede emergency services, a city, county, or city and county is authorized to immediately retrieve or impound the shopping cart from public or private property.(d) Any city, county, or city and county that impounds a shopping cart under the authority provided in subdivisions (b) and (c) is authorized to recover its actual costs for providing this service.(e) Any shopping cart that is impounded by a city, county, or city and county pursuant to subdivisions (b) and (c) shall be held at a location that is both:(1) Reasonably convenient to the owner of the shopping cart.(2) Open for business at least six hours of each business day.(f) (1) A city, county, or city and county that retrieves and returns a shopping cart pursuant to this section may recover its actual costs for the retrieval and return from the owner of the shopping cart.(f)(2) (A) A city, county, or city and county may fine the owner of a shopping cart in an amount not to exceed fifty dollars ($50) established by the city, county, or city and county for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one-day period.(B) For purposes of this paragraph, occurrence means a failure to retrieve a shopping cart within three business days from the date the owner of the shopping cart, or their agent, receives actual notice from the city, county, or city and county of the shopping carts discovery and location.(g) Any shopping cart not reclaimed from the city, county, or city and county within 30 days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the entity in possession of the shopping cart.(h) This section shall not invalidate any contract entered into prior to June 30, 1996, between a city, county, or city and county and a person or business entity for the purpose of retrieving or impounding shopping carts.(i) Notwithstanding subparagraph (B) of paragraph (2) (1) of subdivision (b), a city, county, or city and county may impound a shopping cart that otherwise meets the criteria set forth in paragraph (1) of subdivision (b) that subparagraph without complying with the three-day advance notice requirement provided that:(1) The owner of the shopping cart, or his or her their agent, is provided actual notice within 24 hours following the impound and that notice informs the owner, or his or her their agent, as to the location where the shopping cart may be claimed.(2) Any shopping cart so impounded shall be held at a location in compliance with subdivision (e).(3) Any shopping cart reclaimed by the owner or his or her their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to subdivision (d) or (f). Any cart reclaimed within the three-business-day period shall not be deemed an occurrence for purposes of subdivision (f).(4) Any shopping cart not reclaimed by the owner or his or her their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be subject to any applicable fee or fine imposed pursuant to subdivision (d) or (f) commencing on the fourth business day following the date of the notice.(5) Any shopping cart not reclaimed by the owner or his or her their agent, within 30 days of receipt following the date of actual notice as provided pursuant to paragraph (1), may be sold or disposed of in accordance with subdivision (g).(j) For purposes of this section, actual notice shall require proof that the notice was delivered to the owner, or their agent, which may include, but is not limited to, mail, phone, or electronic transmission with delivery confirmation. The city, county, or city and county shall maintain a record of that proof of delivery.
22435.7. (a) The Legislature hereby finds that the retrieval by local government agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section.(b) (1) A city, county, or city and county may do either of the following with a shopping cart that has a sign affixed to it in accordance with Section 22435.1 may be impounded by a city, county, that is located outside the premises or city and county, provided both parking area of the following conditions have been satisfied: a retail establishment:(1)The(A) Retrieve and return the shopping cart is located outside to the premises or parking area of a retail establishment. The parking area of a retail establishment located in a multistore complex or shopping center shall include or premises of the entire parking area used by owner or retailer identified on the complex or center. sign.(2)(B) Except as provided in subdivision (i), if the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her their agent, receives actual notice from the city, county, or city and county of the shopping carts discovery and location. location, impound the shopping cart.(2) For purposes of this subdivision, the parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.(c) In instances where the location of a shopping cart will impede emergency services, a city, county, or city and county is authorized to immediately retrieve or impound the shopping cart from public or private property.(d) Any city, county, or city and county that impounds a shopping cart under the authority provided in subdivisions (b) and (c) is authorized to recover its actual costs for providing this service.(e) Any shopping cart that is impounded by a city, county, or city and county pursuant to subdivisions (b) and (c) shall be held at a location that is both:(1) Reasonably convenient to the owner of the shopping cart.(2) Open for business at least six hours of each business day.(f) (1) A city, county, or city and county that retrieves and returns a shopping cart pursuant to this section may recover its actual costs for the retrieval and return from the owner of the shopping cart.(f)(2) (A) A city, county, or city and county may fine the owner of a shopping cart in an amount not to exceed fifty dollars ($50) established by the city, county, or city and county for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one-day period.(B) For purposes of this paragraph, occurrence means a failure to retrieve a shopping cart within three business days from the date the owner of the shopping cart, or their agent, receives actual notice from the city, county, or city and county of the shopping carts discovery and location.(g) Any shopping cart not reclaimed from the city, county, or city and county within 30 days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the entity in possession of the shopping cart.(h) This section shall not invalidate any contract entered into prior to June 30, 1996, between a city, county, or city and county and a person or business entity for the purpose of retrieving or impounding shopping carts.(i) Notwithstanding subparagraph (B) of paragraph (2) (1) of subdivision (b), a city, county, or city and county may impound a shopping cart that otherwise meets the criteria set forth in paragraph (1) of subdivision (b) that subparagraph without complying with the three-day advance notice requirement provided that:(1) The owner of the shopping cart, or his or her their agent, is provided actual notice within 24 hours following the impound and that notice informs the owner, or his or her their agent, as to the location where the shopping cart may be claimed.(2) Any shopping cart so impounded shall be held at a location in compliance with subdivision (e).(3) Any shopping cart reclaimed by the owner or his or her their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to subdivision (d) or (f). Any cart reclaimed within the three-business-day period shall not be deemed an occurrence for purposes of subdivision (f).(4) Any shopping cart not reclaimed by the owner or his or her their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be subject to any applicable fee or fine imposed pursuant to subdivision (d) or (f) commencing on the fourth business day following the date of the notice.(5) Any shopping cart not reclaimed by the owner or his or her their agent, within 30 days of receipt following the date of actual notice as provided pursuant to paragraph (1), may be sold or disposed of in accordance with subdivision (g).(j) For purposes of this section, actual notice shall require proof that the notice was delivered to the owner, or their agent, which may include, but is not limited to, mail, phone, or electronic transmission with delivery confirmation. The city, county, or city and county shall maintain a record of that proof of delivery.
22435.7. (a) The Legislature hereby finds that the retrieval by local government agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section.
(b) (1) A city, county, or city and county may do either of the following with a shopping cart that has a sign affixed to it in accordance with Section 22435.1 may be impounded by a city, county, that is located outside the premises or city and county, provided both parking area of the following conditions have been satisfied: a retail establishment:
(1)The
(A) Retrieve and return the shopping cart is located outside to the premises or parking area of a retail establishment. The parking area of a retail establishment located in a multistore complex or shopping center shall include or premises of the entire parking area used by owner or retailer identified on the complex or center. sign.
(2)
(B) Except as provided in subdivision (i), if the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her their agent, receives actual notice from the city, county, or city and county of the shopping carts discovery and location. location, impound the shopping cart.
(2) For purposes of this subdivision, the parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.
(c) In instances where the location of a shopping cart will impede emergency services, a city, county, or city and county is authorized to immediately retrieve or impound the shopping cart from public or private property.
(d) Any city, county, or city and county that impounds a shopping cart under the authority provided in subdivisions (b) and (c) is authorized to recover its actual costs for providing this service.
(e) Any shopping cart that is impounded by a city, county, or city and county pursuant to subdivisions (b) and (c) shall be held at a location that is both:
(1) Reasonably convenient to the owner of the shopping cart.
(2) Open for business at least six hours of each business day.
(f) (1) A city, county, or city and county that retrieves and returns a shopping cart pursuant to this section may recover its actual costs for the retrieval and return from the owner of the shopping cart.
(f)
(2) (A) A city, county, or city and county may fine the owner of a shopping cart in an amount not to exceed fifty dollars ($50) established by the city, county, or city and county for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one-day period.
(B) For purposes of this paragraph, occurrence means a failure to retrieve a shopping cart within three business days from the date the owner of the shopping cart, or their agent, receives actual notice from the city, county, or city and county of the shopping carts discovery and location.
(g) Any shopping cart not reclaimed from the city, county, or city and county within 30 days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the entity in possession of the shopping cart.
(h) This section shall not invalidate any contract entered into prior to June 30, 1996, between a city, county, or city and county and a person or business entity for the purpose of retrieving or impounding shopping carts.
(i) Notwithstanding subparagraph (B) of paragraph (2) (1) of subdivision (b), a city, county, or city and county may impound a shopping cart that otherwise meets the criteria set forth in paragraph (1) of subdivision (b) that subparagraph without complying with the three-day advance notice requirement provided that:
(1) The owner of the shopping cart, or his or her their agent, is provided actual notice within 24 hours following the impound and that notice informs the owner, or his or her their agent, as to the location where the shopping cart may be claimed.
(2) Any shopping cart so impounded shall be held at a location in compliance with subdivision (e).
(3) Any shopping cart reclaimed by the owner or his or her their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to subdivision (d) or (f). Any cart reclaimed within the three-business-day period shall not be deemed an occurrence for purposes of subdivision (f).
(4) Any shopping cart not reclaimed by the owner or his or her their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be subject to any applicable fee or fine imposed pursuant to subdivision (d) or (f) commencing on the fourth business day following the date of the notice.
(5) Any shopping cart not reclaimed by the owner or his or her their agent, within 30 days of receipt following the date of actual notice as provided pursuant to paragraph (1), may be sold or disposed of in accordance with subdivision (g).
(j) For purposes of this section, actual notice shall require proof that the notice was delivered to the owner, or their agent, which may include, but is not limited to, mail, phone, or electronic transmission with delivery confirmation. The city, county, or city and county shall maintain a record of that proof of delivery.
As used in this article:
(a)Shopping cart means a basket that is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.
(b)Laundry cart means a basket that is mounted on wheels and used in a coin-operated laundry or drycleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them.
(c)Parking area means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle.