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LAW OFFICES OF BEST BEST & KRIEGER LLP Gilbert Canizales June 13, 2005 Page 2 States mail" with "receives actual notice." In fact, you accurately quoted the first portion of that sentence in the ordinance, which reads in its entirety: "An owner is deemed to have actual notice three days after the deposit of written notice in the United States mail, posted first-class to the address indicated on the cart or the owner's last known address." (Emphasis added.) According to this language, the City deems actual notice to occur three days after the notice is deposited in the mail with first-class postage. Through your review of Business and Professions Code section 22435.7 and its surrounding sections, you may have discovered that there is no definition provided for "actual notice" regarding regulation of shopping carts. The language in the City's ordinance provides not only a definition but also a rather generous time frame for "actual notice" to occur. First-class mail from Colton City Hall would typically reach a local business owner within one day after deposit. The three-day time period referenced above would typically provide local business owners with two additional days' notice before the City considers that "actual notice" has occurred. We also wish to point out that the definition of "actual notice" in the ordinance complies with Business and Professions Code section 22435.8, which reads as follows: "§ 22435.8. This article shall not invalidate an ordinance of, or be construed to prohibit the adoption of an ordinance by, a city, county, or city and county, which ordinance regulates or prohibits the removal of shopping carts or laundry carts from the premises or parking area of a retail establishment except to the extent any provision of such an ordinance expressly conflicts with any provision of this article." Since "actual notice" is not defined anywhere in the article of the Business and Profession Code pertaining to shopping carts, the City's definition of "actual notice" in Section 6.18.090, subsection "A," does not expressly conflict with State law. In fact, we believe that the ordinance's definition of "actual notice" complies with both the language and the intent of State regulations for shopping carts. State law clearly intends to provide ample time for business owners to receive notice of abandoned shopping carts. The proposed ordinance provides a reasonable and even generous time frame for "actual notice" to occur. We also understand you are concerned that the proposed ordinance will conflict with State law, provided in Business and Professions Code section 22435.7, subdivision (i), subparts (3) and (4), regarding the three-day "grace" period for business owners to retrieve shopping carts from the City without being required to pay any fines. The Colton Municipal Code already contains the provisions mandated by State law to provide a three -business -day time period for shopping cart owners to retrieve abandoned carts without any fine or penalty. These provisions are found in Colton Municipal Code section 6.18.100, subdivisions "C" and "D," as follows: RVPUB\NGS\694993.1