The bills target so-called "superstore retailers," which arespecifically defined as single stores or collections of stores ofmore than 130,000 sf selling more than 25,000 SKUs, 10% of whichare non-taxable merchandise items.

According to a legislative alert issued by the State GovernmentCommittee of the International Council of Shopping Centers, "aspresently drafted, this legislation could impede not onlydevelopment of a 130,000-sf freestanding superstore, but also anystrip mall project anchored by a combination of 'heavy SKU'retailers such as supermarkets, variety stores and video rentalstores."

According to observers, the legislation could also have animpact on mixed-use projects, including downtown and transitvillage developments with ground floor and mezzanine retail spacethat's typically occupied by grocers and bookstores. According tosources in Trenton, it's modeled after legislation in Californiathat was introduced specifically to slow down Wal-Mart's growth inthat state.

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