BILL NUMBER: AB 1656	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Goldberg

                        FEBRUARY 23, 2001

   An act to amend Section 21701 of the Business and Professions
Code, relating to self-service storage facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1656, as introduced, Goldberg.  Self-service storage
facilities.
   Exiting law, the California Self Service Storage Facility Act,
defines "self-service storage facility" for the purposes of that act.

   This bill would delete a provision that excluded a warehouse from
the definition of a self-service storage facility.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 21701 of the Business and Professions Code is
amended to read:
   21701.  For the purposes of this chapter, the following terms
shall have the following meanings:
   (a) "Self-service storage facility" means real property designed
and used for the purpose of renting or leasing individual storage
space to occupants who are to have access to the space for the
purpose of storing and removing personal property or for storing
individual storage containers provided to occupants who have
exclusive use of the container for the purpose of storing and
removing personal property, whether or not the individual storage
containers are transported pursuant to Section 21701.1.  Self-service
storage facility does not include a garage or other storage area in
a private residence.  No occupant may use a self-service storage
facility for residential purposes.  A self-service storage facility
is not  a warehouse, nor  a public utility, as
defined in Section 216 of the Public Utilities Code.  If an owner
issues a warehouse receipt, bill of lading, or other document of
title for the personal property stored, the owner and the occupant
are subject to the provisions of Division 7 (commencing with Section
7101) of the Commercial Code, and the provisions of this chapter do
not apply.
   (b) "Owner" means the owner, operator, lessor, or sublessor of a
self-service storage facility, his or her agent, or any other person
authorized by him or her to manage the facility, or to receive rent
from an occupant under a rental agreement, and no real estate license
is required.
   (c) "Occupant" means a person, or his or her sublessee, successor,
or assign, who is entitled to the use of the storage space at a
self-service storage facility under a rental agreement, to the
exclusion of others.
   (d) "Rental agreement" means any written agreement or lease
 which   that  establishes or modifies the
terms, conditions, rules, or any other provision concerning the use
and occupancy of a self-service storage facility.
   (e) "Personal property" means movable property not affixed to
land, and includes, but is not limited to, goods, merchandise,
furniture, and household items.
   (f) "Last known address" means that address provided by the
occupant in the latest rental agreement, or the address provided by
the occupant in a subsequent written notice of a change of address.