Independent Business Rule

Mendocino County, Calif., passed a formula business ordinance in November 2016, following community outcry over a proposed Dollar General. The outcry led to an interim moratorium on new permits for formula businesses while the county studied the issue, and ultimately, a formula business ordinance. As an ordinance at the county level, it’s particularly effective, as it covers unincorporated areas that are outside the boundaries of city and municipal zoning.… Read More

In February 2010, Colorado passed a law that requires remote retailers that do not collect state sales taxes to: a) notify Colorado customers that they owe the tax on their purchases, b) send an annual report to customers detailing all of their purchases in the preceding year and the amount of sales tax owed, and c) also provide this information annually to the Colorado Department of Revenue. The law applies to retailers with more than $100,000 in annual sales, including Amazon.com and Overstock.com. A federal appeals court upheld Colorado’s law in February 2016.… Read More

In May 2017, as part of a general revenue law, Minnesota passed a first-in-the-nation law that requires platform, or “marketplace,” retailers to collect sales tax on sales made on the platform by third-party sellers. The requirement will take effect the sooner of July 1, 2019, or when the U.S. Supreme Court modifies its ruling in Quill Corp. v. North Dakota.… Read More

In May 2015, the City Council of Jersey City voted to restrict formula businesses in the downtown area by limiting where they can locate to a maximum of 30 percent of ground floor commercial area on any single lot. The restriction applies to retailers, restaurants, bars, and banks, though there is an exception for grocery stores. Jersey City is the second most-populous city in the state of New Jersey, with more than 260,000 residents. The City Council voted to uphold the restrictions in June 2017.… Read More

In May 2016, a new type of sales tax fairness law took effect in South Dakota. The new law requires merchants to collect the state’s sales taxes if their revenue from sales in South Dakota exceeds $100,000 per year, or if they process 200 or more separate transactions a year in the state. The law is part of an effort by states to challenge the existing sales tax fairness standard, and both put pressure on federal legislators and bring the issue back before the U.S. Supreme Court.… Read More

In Dec. 2015, New York City released a Request for Proposals (RFP) for a major mixed-use development in the East Harlem neighborhood. The RFP included the specification that, of up to 700,000-square-feet of commercial space, a modest portion—50,000-square-feet—would be reserved for local retailers.… Read More

The cost of leasing commercial space is soaring in many U.S. cities, threatening the future of independent businesses. Cities have a range of options available to them to keep space appropriate, accessible, and affordable to locally owned businesses. We’ve identified six broad policy strategies.… Read More

When making procurement decisions, many cities and states give preference to local businesses as a means to nurture small businesses and local economies. Some of these jurisdictions give a local preference only in the case of tie bids, but others give preference if a bid from a local business is within a certain percentage of the lowest non-local bid. Washington D.C., for example, by administrative practice gives a five percent preference to local firms.… Read More