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Chapter 19.12


19.12.010    Purposes.

19.12.020    Definitions.

19.12.030    Single-use carryout bags prohibited.

19.12.040    Recyclable paper bag charge.

19.12.050    Enforcement.


19.12.010 Purposes.

The purposes of this chapter are to reduce waste and pollution, and protect the environment by minimizing the distribution of single-use carryout bags. (Ord. 703 § 2, 2014).

19.12.020 Definitions.

For purposes of this chapter, the following definitions shall apply:

A. “Designated business” means:

1. Food markets, convenience stores, farmers markets, and stores that hold a Type 20 or Type 21 off-sale alcoholic beverage sales license; and

2. Restaurants and any other businesses that receive 50 percent or more of their revenue from the sale of prepared food to be eaten off-premises. “Prepared food” means food or beverages that are prepared on the premises by cooking, chopping, slicing, mixing, freezing or squeezing, and that require no further preparation to be consumed.

B. “Recyclable paper bag” means a paper bag that contains no old growth fiber and a minimum of 40 percent post-consumer recycled material, is accepted for curbside recycling in Calistoga, and has printed on the outside of the bag the word “Recyclable,” the name and location of the manufacturer, and the percentage of post-consumer recycled content. “Post-consumer recycled material” means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Post-consumer recycled material does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.

C. “Reusable bag” means a bag that meets all of the following criteria or any requirements established by the State of California:

1. If plastic, is at least 2.25 mils (thousandths of an inch) thick.

2. Has one or more handles.

3. Has a minimum lifetime capability of 125 or more uses carrying 22 or more pounds over a distance of at least 175 feet.

4. Is at least 15 liters in volume.

5. Is machine washable or made from a material that can be cleaned and disinfected.

6. Meets the standards of the California Toxics in Packaging Prevention Act, as amended, or any successor legislation.

D. “Single-use carryout bag” means a bag provided to a customer at a checkout stand, cash register, point of sale or other point of departure for the purpose of transporting merchandise out of the establishment; provided, that “single-use carryout bag” specifically excludes:

1. Reusable bags;

2. Recyclable paper bags;

3. Bags used to:

a. Transport bulk food from a department within a store to the point of sale;

b. Segregate merchandise that could damage, be damaged, contaminate or be contaminated by other merchandise when placed together in a reusable bag or recycled paper bag; or

c. Contain or wrap frozen goods. (Ord. 703 § 2, 2014).

19.12.030 Single-use carryout bags prohibited.

A. On and after January 1, 2015, no designated business shall provide a single-use carryout bag to a customer. Owners of designated businesses may voluntarily begin compliance with this chapter prior to this date.

B. Nothing in this chapter shall prohibit customers from using their own bags or containers of any type for the transport of merchandise from a designated business. A designated business shall not require a customer to purchase or accept a recyclable paper bag or reusable bag as a condition of sale. (Ord. 703 § 2, 2014).

19.12.040 Recyclable paper bag charge.

A. Except as provided in subsection (C) of this section, on and after January 1, 2015, no designated business shall provide a recyclable paper bag to a customer for the purpose of transporting merchandise out of the establishment unless:

1. The establishment charges the customer a minimum amount per bag set by resolution of the City Council; and

2. The amount of the charge for each recycled paper bag is separately itemized on the sales receipt provided by the establishment to the customer.

B. A designated business may not rebate or otherwise reimburse a customer any portion of the charge required for a recyclable paper bag.

C. A designated business may provide reusable bags or recyclable paper bags at no cost to a customer who is participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code, or a customer who is participating in the Supplemental Food Program pursuant to Chapter 10 of Part 3 of Division 9 of the Welfare and Institutions Code. (Ord. 703 § 2, 2014).

19.12.050 Enforcement.

A. It is a violation of this code, subject to enforcement, punishment and prosecution pursuant to Chapter 1.08 CMC, for any designated business to violate or fail to comply with any provision of this chapter.

B. The planning and building director shall have primary responsibility for enforcement of this chapter. (Ord. 703 § 2, 2014).

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The Calistoga Municipal Code is current through Ordinance 728, passed January 3, 2017.

Disclaimer: The City Clerk's Office has the official version of the Calistoga Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.

City Website: http://www.ci.calistoga.ca.us/
City Telephone: (707) 942-2800

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