Originally published 12 July 1996
in California Health and Safety Code
California Health and Safety Code Section 33420-33426.5
see:
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISd...75+2+0+0&WAISaction=retrieve
33426
.5.Notwithstanding the provisions of Sections 33391, 33430, 33433, and 33445,
or any other provision of this part, an agency shall not provide any form
of direct assistance to:
(a) An automobile dealership which will be
or is on a parcel of land which has not previously been developed for urban
use, unless, prior to the effective date of the act that adds this section,
the agency either owns the land or has entered into an enforceable agreement,
for the purchase of the land or of an interest in the land, including, but
not limited to, a lease or an agreement containing covenants affecting real
property, that requires the land to be developed and used as an automobile
dealership.
(b) (1) A development that will be or is on a parcel of
land of five acres or more which has not previously been developed for urban
use and that will, when developed, generate sales or use tax pursuant to
Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and
Taxation Code, unless the principal permitted use of the development is office,
hotel, manufacturing, or industrial, or unless, prior to the effective date
of the act that adds this section, the agency either owns the land or has
entered into an enforceable agreement, for the purchase of the land or of
an interest in the land, including, but not limited to, a lease or an agreement
containing covenants affecting real property, that requires the land to be
developed.
(2) For the purposes of this subdivision, a parcel shall
include land on an adjacent or nearby parcel on which a use exists that is
necessary for the legal development of the parcel.
(c) A development
or business, either directly or indirectly, for the acquisition, construction,
improvement, rehabilitation, or replacement of property that is or would
be used for gambling or gaming of any kind whatsoever including, but not
limited to, casinos, gaming clubs, bingo operations, or any facility wherein
banked or percentage games, any form of gambling device, or lotteries, other
than the California State Lottery, are or will be played .
(d) The
prohibition in subdivision (c) is not intended to prohibit a redevelopment
agency from acquiring property on or in which an existing gambling enterprise
is located, for the purpose of selling or leasing the property for uses other
than gambling, provided that the agency acquires the property for fair market
value.
(e) This section shall not be construed to apply to agency
assistance in the construction of public improvements that serve all or a
portion of a project area and that are not required to be constructed as
a condition of approval of a development described in subdivision (a), (b),
or (c), or to prohibit assistance in the construction of public improvements
that are being constructed for a development that is not described in subdivision
(a), (b), or (c). |
