Is a department store a "store" within the meaning of section 459 of the California Building Code?

California, United States of America


The following excerpt is from People v. Brooks, 133 Cal.App.3d 200, 183 Cal.Rptr. 773 (Cal. App. 1982):

2 A similar argument was advanced in another context without success in People v. Corral, 60 Cal.App.2d 66, 140 P.2d 172. Appellant urged that because a modern department store is of large size and multifarious character it was not a store within the meaning of section 459 at the time the statute was amended. Said the court at page 70, 140 P.2d 172: "The character of a place as a store does not depend upon its size or the number of departments contained in it; but if it did, section 459 contains also the word 'building,' and in view of its context no legislative intent can be discerned to limit this word to anything less than its broadest meaning [citation], which undoubtedly comprehends the building housing the store in question."

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