CHAPTER 6.26
DISPOSABLE BAG REDUCTION
Section
6.26.020 Carryout Bag Regulations
6.26.040 Violations and Penalties
6.26.010 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CUSTOMER. Any person obtaining goods from a store.
POSTCONSUMER RECYCLED CONTENT. A material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. POSTCONSUMER RECYCLED CONTENT does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.
PREPARED FOOD. Foods or beverages which are prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. PREPARED FOOD does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed, or mixed.
PUBLIC EATING ESTABLISHMENT. A restaurant, take-out food establishment, a separate take-out food department of a Store, or any other business that receives 90% or more of its revenue from the sale of Prepared Food to be eaten on or off its premises.
RECYCLED-CONTENT PAPER BAG. A paper carryout bag provided by a store to a Customer at the point of purchase that meets all of the following requirements:
A. Contains a minimum of 40 percent postconsumer recycled content, except a 350 cubic inch or smaller recycled-content paper bag shall contain a minimum of 20 percent postconsumer recycled content
B. Is accepted for recycling in the curbside program of the City.
C. Has printed on the bag the name of the manufacturer and the minimum percentage of postconsumer content.
REUSABLE CARRYOUT BAG. A bag with handles that is specifically designed and manufactured for multiple reuse, does not contain lead, cadmium, or any other heavy metal in toxic amounts, and is either:
A. Made of cloth or other machine washable fabric, or
B. Made of durable plastic that is at least 2.25 mils thick and is specifically designed for multiple reuse, meaning manufactured to carry a minimum of 22 pounds for at least 125 times over a distance of at least 175 feet.
SINGLE-USE CARRYOUT BAG. A bag made of plastic, paper, or other material, that is provided by a store to a Customer at the point of purchase and that is not a Reusable Carryout Bag. A Single-Use Carryout Bag does not include (1) a bag provided by a pharmacy pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Cal. Business and Professions Code to a Customer purchasing a prescription medication; (2) a bag used by Customers before the point of purchase or provided by the store at the point of purchase to (a) package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; (b) contain or wrap frozen foods, meat, or fish, whether prepackaged or not; (c) contain or wrap flowers, potted plants, or other items where dampness may be a problem; (d) contain unwrapped prepared foods or bakery goods; or (e) separate or protect individual items prior to placing them in a carryout bag; or (3) a newspaper bag, door-hanger bag, laundry-cleaning bag, or bag sold in a multiple package of bags intended for use as garbage, pet waste, or yard waste bags.
STORE. A retail establishment that sells perishable or nonperishable goods, licensed to do business in the City.
(Ord. 903 § 2, passed 05-14-2012; Am. Ord. 906 § 9, 04-22-2013; Am. Ord. 912 § 2, passed 09-22-2014)
6.26.020 CARRYOUT BAG REGULATIONS.
A. A Store shall not provide a Single-Use Carryout Bag to a Customer at the point of purchase, except as provided in this section.
B. Plastic Single-Use Carryout Bags are prohibited.
C. A Store may provide Reusable Carryout Bags to Customers at no cost, until 18 months after the effective date of this Ordinance, only when combined with a time-limited Store promotional program to promote the use of Reusable Carryout Bags.
D. A Store may provide to a Customer a Recycled-Content Paper Bag or a Reusable Carryout Bag upon request but any Store except a Public Eating Establishment shall charge the Customer not less than $0.10 per bag, except as provided in subsections (C) and (E) of this section. Public Eating Establishments may elect to charge or not to charge customers for Recycled-Content Paper Bags or Reusable Carryout Bags.
E. A Store will not be required to charge a customer for a Recycled-Content Paper Bag of less than 250 cubic inches capacity.
F. For any Recycled-Content Paper Bag or a Reusable Carryout Bag sold to a Customer, the amount of the sale of the bag shall be separately itemized on the sales receipt. No store shall rebate or otherwise reimburse a Customer any portion of the charge required for a Recycled-Content Paper Bag.
(Ord. 903 § 2, passed 05-14-2012; Am. Ord. 912 §§ 3, 4, passed 09-22-2014)
6.26.030 EFFECTIVE DATE.
This Ordinance shall be in full force and effect for different classes of Stores as follows:
A. From and after one hundred and eighty (180) days from the effective date of this Ordinance for:
1. A full-line, self-service retail Store with gross annual sales of three million dollars ($3,000,000) or more and which sells a line of dry groceries, canned goods, nonfood items and some perishable items; and
2. A Store with over 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and use Tax Law (Part 1.5 commencing with Section 7200 of Division 2 of the Revenue and Tax Code) and has a pharmacy licensed pursuant to Chapter 9 (commending with Section 4000) of Division 2 of the Business and Professions Code.
B. From and after five hundred and forty-five (545) days from the effective date of this Ordinance for all other Stores.
C. From and after one hundred and eighty (180) days from the effective date of Ordinance 912-2014 for Public Eating Establishments.
(Ord. 903 § 2, passed 05-14-2012; Am. Ord. 912 § 5, passed 09-22-2014)
6.26.040 VIOLATIONS AND PENALTIES.
A. Any action to enforce this Ordinance shall be preceded by delivery of a written warning to the Store where a violation has occurred.
B. The owner(s) of any Store which violates this Ordinance shall be guilty of an infraction. If charged as an infraction, upon conviction thereof, said owner(s) shall be punished by (1) a fine not exceeding $100.00 for a first violation, (2) a fine not exceeding $200.00 for a second violation within the same year, and (3) a fine not exceeding $500.00 for each additional violation within the same year.
C. Any violation of this Chapter 6.26 may be enforced through the administrative enforcement procedures in Chapter 6.12 of this Municipal Code. The City Manager, or his or her designee is authorized to take any and all other actions reasonable and necessary to enforce this Chapter, including, but not limited to, investigating violations, imposing administrative fines in amounts as may be established from time to time by resolution of the City Council.
D. In addition to the administrative enforcement procedures described above, the City Council may authorize the City Attorney to pursue judicial enforcement of this Chapter through a civil action.
E. A violation of any provision of this Ordinance by any person, firm or corporation shall be subject to a civil action in any court of competent jurisdiction, including the small claims court, by the City to recover any damages caused by the violation and a civil penalty of $1,000 or 10% of actual damages, whichever is higher, for every such violation. For any willful violation, the City may recover treble damages. Nothing in this subsection shall prohibit the filing of an action as authorized herein as a class action. The prevailing party in any action filed pursuant to this subsection shall be entitled to recover its reasonable attorneys’ fees to be determined by the court.
(Ord. 903 § 2, passed 05-14-2012)