Store Size Caps

Dozens of communities, recognizing that their local economies can absorb only so much new retail without causing numerous existing businesses to close, have enacted zoning rules that prohibit stores over a certain size. Store size caps help to sustain the vitality of small-scale, pedestrian-oriented business districts, which in turn nurture local business development.… Read More

Development Moratorium – Tacoma, WA

On August 30, 2011, the Tacoma City Council adopted an emergency moratorium that prohibits the permitting of retail sales establishments with a floor area greater than 65,000 square feet in size within the city.… Read More

Economic Impact Review – California (proposed)

In September 2011, the California Legislature pased a bill requiring cities and counties to have an economic impact analysis prepared before deciding whether to approve an application to develop a large superstore. The legislation defines a superstore as a retail store of at least 90,000 square feet that devotes 10 percent or more of its space to groceries. The law lists a range of impacts that the study must assess and quantify. … Read More

Internet Sales Tax Fairness — Click-Through Nexus — California

California’s new sales tax fairness law, which was signed into law by the governor on June 29, 2011, has two parts.  The first is similar to laws enacted in half a dozen other states.  It requires online retailers that have more than $500,000 in annual revenue from California customers and that use in-state sales affiliates to collect sales taxes. A second provision of the law mandates that retailers that have subsidiaries or affiliated companies in California, as Amazon does, also must collect sales tax. … Read More

Fixed Price Book Laws

Laws in some European countries, most notably Germany, require all bookstores, including online sellers, to sell books at fixed prices. Supporters say outlawing discounts protects independent bookstores and small publishers, which in turn ensures that a broader variety of books are available and that there is less focus on best-sellers.… Read More

Development Moratoriums

In most states, cities can enact a moratorium on commercial development, provided that the moratorium promotes valid public purposes, is limited in duration, and is used for planning. A number of communities have temporarily suspended large-scale retail development in order to allow time to consider the impacts of superstores and to revise the local comprehensive plan … Read More

Internet Sales Tax Fairness — Click-Through Nexus — Illinois

In Aug. 2014, Illinois passed a law that requires out-of-state sellers to collect and remit state sales taxes if they generate more than $10,000 in sales a year through sales affiliates based in Illinois. The law went into effect in Feb. 2015. It’s a revised version of a 2011 state law that the state Supreme Court struck down, on grounds that it conflicted with the federal Internet Tax Freedom Act. To bring the law in line with federal law, on its second try, the Illinois legislature broadened the law to apply not only to Internet sellers, but also to catalog and mail-order retailers. … Read More

Local Purchasing Preference — California

California state law grants local, independently owned, small businesses a 5 percent preference when competing for state contracts. The law also sets for state agencies a goal of making at least 25 percent of their purchases with small businesses.… Read More

Formula Business Restriction – San Francisco, CA

Throughout most of the city, including all of San Francisco’s Neighborhood Commercial Districts, formula retail stores and restaurants are considered conditional uses. This means they must be approved by the Planning Commission on a case-by-case basis. In evaluating whether to grant a permit for a formula business, the Planning Commission considers several criteria, including the existing concentration of formula  businesses within the neighborhood, whether similar goods or services are already available, and the balance of neighborhood-serving versus citywide- or regional-serving businesses. In additional, formula retail and restaurant uses are prohibited outright in several neighborhoods. … Read More

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