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REFERENCE TITLE: restrictive covenants; grocery stores |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2848 |
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Introduced by Representative Sandoval
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AN ACT
amending title 33, chapter 4, article 4, Arizona Revised Statutes, by adding section 33-459; relating to property conveyances.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 33-459, to read:
33-459. Restrictive covenants related to grocery stores; prohibition; exception; applicability; definitions
A. A covenant or restriction relating to the use of land that is designated as a retail establishment where fresh food is regularly and customarily sold in a bona fide manner for off-premises consumption, including GROCERY stores and supermarkets, is void and unenforceable except as provided in subsection B of this section.
B. Subsection A of this section does not apply if all of the following conditions are met:
1. The land that is subject to the covenant or restriction has been used by the seller within the six-month period before the date of the covenant or restriction for the operation of a retail establishment for the sale of fresh food for off-premises consumption, including a grocery store or supermarket.
2. The seller has identified and purchased land to be used for the operation of a new retail establishment for the sale of fresh food for off-premises consumption, including a grocery store or supermarket.
3. The relocated store is similar in size and scope of products sold as the retail establishment on the discontinued site.
4. The relocated store is located within one-half mile of the discontinued site.
5. The relocation and commencement of operations of the relocated store occur within one year after the retail establishment closes on the discontinued site.
6. The covenant or restriction imposed on the discontinued site has a term that is less than eighteen months after the date that the retail establishment closes on the discontinued site.
C. This section does not apply to a covenant or restriction or other agreement that is entered into before the effective date of this section.
D. For the purposes of this section:
1. "Discontinued site" means the land described in subsection B, paragraph 1 of this section.
2. "Relocated store" means the land and the new retail establishment described in subsection B, paragraph 2 of this section.
Sec. 2. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.