CHAPTER 5.54
REUSABLE BAG REGULATION
SECTION:
5.54.030 Reusable Bag Requirement
5.54.050 Recordkeeping and Inspection
5.54.010 EFFECTIVE DATE:
This chapter shall be enforceable after January 1, 2015. (Ord. 2014-79, 7-7-2014)
5.54.020 DEFINITIONS:
For the purposes of this chapter, the following definitions shall apply:
A. A "single-use carryout bag" is defined as a bag, other than a reusable bag or recycled bag, provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment. Single-use carryout bags do not include bags that are a maximum of eleven inches (11") by seventeen inches (17"), without handles, provided to the customer (1) to transport produce, bulk food or meat from a produce, bulk food or meat department within a store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a larger container.
B. A "reusable bag" is defined as a bag made of cloth or other machine washable fabric that has handles, or a durable plastic bag with handles that is at least four (4) mils thick and is specifically designed and manufactured for multiple reuse.
C. A "recycled content paper bag" is defined as a bag that contains a minimum of forty percent (40%) post-consumer recycled content, is one hundred percent (100%) recyclable, and has printed in a highly visible manner on the outside of the bag the words "reusable" and "recyclable," the name and location of the manufacturer, and the percentage of post-consumer recycled content. (Ord. 2014-79, 7-7-2014)
5.54.030 REUSABLE BAG REQUIREMENT:
A. No retail establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer shall provide a single-use carryout bag to a customer at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this chapter. A reusable bag or a recycled bag may be provided to the customer, pursuant to this section.
B. A retail establishment may make available for sale to a customer either a recycled content paper bag or a reusable bag for a minimum charge of twenty-five cents ($0.25). When a recycled content paper bag or a reusable bag is distributed to the customer, the amount of the sale of the bag shall be separately itemized on the sales receipt. (Ord. 2014-79, 7-7-2014)
5.54.040 EXEMPTIONS:
A nonprofit charitable reuser, which is a charitable organization as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent (50%) of its revenues from the handling and sale of those donated goods or materials is not considered a retail establishment for the purpose of this chapter. (Ord. 2014-79, 7-7-2014)
5.54.050 RECORDKEEPING AND INSPECTION:
All retail establishments shall keep complete and accurate records or documents of the purchase and sale of any recycled paper bag by the retail establishment, for a minimum period of one year from the date of purchase and sale, which record shall be available for inspection at no cost to the city during regular business hours by any city employee authorized to enforce this section. (Ord. 2014-79, 7-7-2014)
5.54.060 PENALTIES:
A. For the first violation of this chapter, a written warning shall be issued to the provider specifying that a violation of this chapter has occurred. The provider will have thirty (30) days to comply.
B. Upon failure of the provider to comply within the thirty (30) day period set forth in subsection A of this section, the city may pursue enforcement of this chapter utilizing any of the remedies set forth in the city’s code enforcement process. (Ord. 2014-79, 7-7-2014)