Is a size limitation and restriction on amount of non-taxable goods, like groceries, legal?
Yes, size limits, what goods and how much can be sold, and where, is part of mainstream zoning and a popular way to keep development within the scale of the community. In two recent court cases in California, the courts ruled that a city or town has a legal right to put a cap on the size of stores, and ban superstores. (Wal-Mart Stores vs. Turlock, S143488, 7/12/06, and Hernandez vs. City of Hanford, S143287, 6/7/07). Q: Why exempt Costco or other membership clubs from the ASI? A: The typical household makes more frequent trips to a big box grocery store for daily grocery needs. Trips to a membership club to buy bulk food items are on a more occasional basis. Also, membership clubs are not open 24 hrs a day. For example, Costco is open to the public a maximum of 9 hours M-F and less on weekends. Q: Have other towns in SLO County and the Central Coast already done this? A: Yes, the cities of Santa Maria, Arroyo Grande, San Luis Obispo and Paso Robles and the County itself either limit t
