Chapter 9.80
ESTABLISHMENT OF A REDEMPTION VALUE FOR WINE COOLER AND SPIRIT COOLER CONTAINERS

Sections:

9.80.010    Definitions.

9.80.020    Distribution requirements.

9.80.030    Retail requirements.

9.80.040    Distributor redemption requirements.

9.80.050    Retail redemption requirements.

9.80.060    Violation and fine.

9.80.070    Severability.

9.80.080    Condition of continuity.

9.80.010 DEFINITIONS.

For the purpose of this chapter, the following terms shall be defined as follows:

(1)    “Consumer” means every person who, for his or her use or consumption, purchases wine cooler or spirit cooler in a container from a dealer in the city.

(2)    “Container” means any sealed device, however denominated, made of glass, metal, plastic, or other material or any combination of materials, which directly holds or contains wine cooler or spirit cooler. “Container” does not include cups or other similar open or loosely sealed receptacles.

(3)    “Dealer” means any person who engages in the sale to a consumer of wine cooler or spirit cooler in a container or containers in the city.

(4)    “Distributor” means any person who engages in the sale of wine cooler or spirit cooler in a container or containers to a dealer in the city. “Distributor” includes any person who imports or otherwise transports wine cooler or spirit cooler in containers from outside the city for sale to a dealer in the city.

(5)    “Empty” as used herein to describe a container, means a container which is all of the following:

(a)    Has the original seal or closure broken or removed;

(b)    Does not contain foreign materials other than the residue of wine cooler or spirit cooler originally packaged in the container;

(c)    Bears the refund value marking pursuant to Section 9.80.020(3); and

(d)    Is not broken, crushed, or dismembered.

(6)    “Person” means any individual person or group of individual persons or partnership, association, corporation, or any other entity of any type whatsoever.

(7)    “Place of business” as used herein with respect to a dealer means the location at which a dealer sells or offers for sale, wine cooler or spirit cooler in a container or containers. “Place of business” as used herein with respect to a distributor means any location from which a distributor directly transports wine cooler or spirit cooler in containers to any dealer, if such location is within the city.

(8)    “Sale” (or “sold” or “sell”) means any commercial transaction (other than by vending machine) by a dealer in which wine cooler or spirit cooler in a container or containers is transferred to a consumer for a monetary consideration for the purpose of off-premises consumption, or any commercial transaction by which a distributor transfers wine cooler or spirit cooler in a container or containers to a dealer for a monetary consideration for the purpose of sale by the dealer for off-premises consumption.

(9)    “Spirit cooler” means liquid intended for human consumption containing distilled spirits to which is added concentrated or unconcentrated juice or flavoring material and containing not more than eight percent alcohol by volume.

(10)    “Vending machine” means any mechanical device which, upon insertion of coins, sells or dispenses wine cooler or spirit cooler in containers.

(11)    “Wine cooler” means a liquid intended for human consumption containing wine to which is added concentrated or unconcentrated juice or flavoring material and containing not more than seven percent alcohol by volume.

(Ord. 87-25 § 1, 1987).

9.80.020 DISTRIBUTION REQUIREMENTS.

(1)    Every wine cooler or spirit cooler container sold or offered for sale by a distributor to a dealer for sale by the dealer within the city shall have a refund value of not less than five cents for redemption by a dealer from the distributor.

(2)    It shall be unlawful for a distributor to knowingly sell or offer to sell a wine cooler or spirit cooler container to a dealer for sale by the dealer within the city and for a dealer to purchase such a container for such purposes from a distributor unless the distributor charges and the dealer agrees to pay a refund value of not less than five cents.

(3)    Every wine cooler or spirit cooler container sold or offered for sale by a dealer within the city shall clearly indicate by embossing or by a stamp or label or other method, securely affixed to the container by the distributor, that the container has a refund value.

(4)    It shall be unlawful for a distributor knowingly to sell or offer to sell a wine cooler or spirit cooler container to a dealer for sale by the dealer within the city and for a dealer to purchase such a container for such purposes or to store or offer to sell such a container for such purposes unless the container is embossed, stamped or labeled with, or by other method indicates that the container has a refund value as required by subsection (3), above.

(Ord. 87-25 § 1, 1987).

9.80.030 RETAIL REQUIREMENTS.

(1)    Every wine cooler or spirit cooler container sold or offered for sale by a dealer within the city shall have a refund value of not less than five cents for redemption by a consumer from the dealer.

(2)    It shall be unlawful for a dealer to sell or offer to sell a wine cooler or spirit cooler container within the city unless the dealer charges a refund value of not less than five cents.

(Ord. 87-25 § 1, 1987).

9.80.040 DISTRIBUTOR REDEMPTION REQUIREMENTS.

(1)    It shall be unlawful for a distributor to refuse to accept from a dealer any empty wine cooler or spirit cooler container tendered by the dealer to the distributor within the city when that container has been marked in the manner prescribed by Section 9.80.020(3), and the container is of the kind, size, and brand sold by the distributor, or to refuse to pay to the dealer a refund value for such container of not less than five cents.

(2)    It shall be unlawful for a distributor to refuse to accept from a consumer any empty wine cooler or spirit cooler container which has been marked in the manner prescribed by Section 9.80.020(3), of the kind, size, and brand sold by the distributor when the container has been delivered by the consumer to the distributor’s place of business, or to refuse to pay to the consumer for such container a refund value of not less than five cents.

(Ord. 87-25 § 1, 1987).

9.80.050 RETAIL REDEMPTION REQUIREMENTS.

It shall he unlawful for a dealer who sells wine cooler or spirit cooler in containers to refuse to redeem a wine cooler or spirit cooler container from a consumer or refuse to pay a refund value for the container of not less than five cents to the consumer, when the request for redemption is made at the dealer’s place of business within the city and the container is embossed, stamped or labeled with, or by other method indicates a message that the container has a refund value, unless either:

(1)    The container is not empty; or

(2)    The container contained a brand or type of wine cooler or spirit cooler which the dealer is not offering for sale at the time redemption is requested and has not offered for sale for a period of at least ninety days.

(Ord. 87-25 § 1, 1987).

9.80.060 VIOLATION AND FINE.

Any person violating any of the provisions of this chapter shall be punishable as provided in Chapter 1.08 of the Santa Cruz Municipal Code.

(Ord. 87-25 § 1, 1987).

9.80.070 SEVERABILITY.

The provisions of this chapter are hereby declared to be severable and if any provision, sentence, clause, section or part hereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter or their application to persons and circumstances.

(Ord. 87-25 § 1, 1987).

9.80.080 CONDITION OF CONTINUITY.

In the event the state of California enacts a statute which establishes a refund value for, or amends the California Beverage Container Recycling and Litter Reduction Act to include, or otherwise occupies the field of regulation of, wine cooler and spirit cooler containers sold to consumers in this state, this chapter shall, by its own terms, cease to be of any force or effect on the date such statute or regulation becomes effective. Should the state of California so act with respect only to wine cooler containers, or with respect only to spirit cooler containers, this chapter shall, by its own terms, cease to be of any force or effect only with respect to the category of containers covered by the state enactment, on the date such statute or regulation becomes effective, and shall continue in effect with respect to the category of containers not so covered.

(Ord. 87-25 § 1, 1987).