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).