Chapter 8.62
USE OF SINGLE-USE CARRYOUT BAGS, RECYCLED PAPER BAGS, AND REUSABLE BAGS BY RETAIL ESTABLISHMENTS
Sections:
8.62.010 Purpose and findings.
8.62.050 Recordkeeping and inspection.
8.62.010 Purpose and findings.
A. The purpose of this chapter is to prohibit the free distribution of paper bags or reusable bags by certain types of retail establishments in the city of Seaside in order to reduce litter and protect the natural resources of Seaside.
B. Pursuant to Article XI, Section 7 of the California Constitution, the city of Seaside may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety and welfare of its citizens.
C. The use of single-use carryout bags by consumers at retail establishments is detrimental to the environment, public health and welfare.
D. The manufacture and distribution of single-use carryout bags requires utilization of natural resources and results in the generation of greenhouse gas emissions.
E. Single-use carryout bags contribute to environmental problems, including litter in storm drains, creeks, the Monterey Bay, and the ocean.
F. Single-use carryout bags provided by retail establishments impose unseen costs on consumers, local governments, the state and taxpayers and constitute a public nuisance.
G. Prohibiting retail establishments from using plastic single-use carryout bags and requiring a fee for paper bags reduces litter and benefits the environment by encouraging customers to use reusable bags.
H. The city council does, accordingly, find and declare that it should restrict single-use carryout bags and require a fee for recycled paper bags and reusable bags. (Ord. 2007 § 1 (Exh. C), 2021; Ord. 1017 § 1, 2014)
8.62.020 Applicability.
This chapter applies in the city of Seaside city limits. (Ord. 2007 § 1 (Exh. C), 2021; Ord. 1017 § 1, 2014)
8.62.030 Definitions.
Unless otherwise expressly stated, whenever used in this chapter, the following terms shall have the meanings set forth below:
“City” means the city of Seaside.
“Customer” means any person obtaining goods from a retail establishment.
“Effective date” means the effective date of the ordinance enacting this chapter.
“Enforcement officer” shall mean any city employee or agent of the city with the authority to enforce any provision of this code, including, but not limited to, building official, building inspector, code enforcement officer, fire chief, fire inspector, fire marshal, zoning administrator, city engineer, or police officer.
“Food provider” is any entity or city contractor doing business in the city of Seaside whose principal business is the sale of prepared food or beverages for public consumption either on or off premises, which includes any fixed or mobile restaurant, food truck or food cart, drive-in, coffee shop, public food market, produce stand, special event vendor, grocery stores that sell or distribute prepared foods on site or to-go, and other places where food or drink is prepared for sale or for service on the premises or elsewhere.
“Mils” is the thickness of a material measured in increments of one-thousandth of an inch.
“Person” means any individual, sole proprietorship, firm, association, organization, partnership (whether limited or general), corporation, limited liability corporation, political subdivision, government agency, municipality, industry, public or private corporation, trust, joint venture, regulatory authority, or any other entity.
“Prepared food” means food or beverage prepared for consumption on the food provider’s premises or elsewhere, using any cooking or food preparation technique. This does not include any raw uncooked meat, poultry, fish or eggs unless provided for consumption without further food preparation.
“Public eating establishment” is defined as a restaurant, takeout food establishment, or any other business that receives ninety percent or more of its revenue from the sale of prepared food, which is prepared on the premises and/or within a mobile vehicle, to be eaten on or off its premises. The term “public eating establishments” would also apply to an itinerant food vendor operating in compliance with a valid business license at both a permanent location approved under a use permit, at a mobile location within the city of Seaside, or at a special event. Public eating establishments are not considered retail establishments for the purpose of this chapter.
“Recycled paper bag” is defined as a bag that contains no old-growth fiber and is made up of seventy-five percent post-consumer recycled materials, and clearly indicates to the user that the bag is certified compostable or recyclable.
“Retail establishment” or “retail store” means all sales outlets, stores, shops, vehicles, dispensaries, nonprofits, resale businesses or other places of business located within the city of Seaside that operate primarily to sell or convey goods directly to the consumer.
“Reusable bag” is defined as a bag with handles that is specifically designed and manufactured to be reused at least one hundred twenty-five times and that is either (1) made of cloth or other washable fabric, or (2) made of durable, recyclable material that is at least four mils thick that can be cleaned or disinfected at least one hundred twenty-five times. A “reusable bag” may be made of recyclable plastic such as high density polyethylene (HDPE), low density polyethylene (LDPE), or polypropylene.
“Single-use bag” is defined as a bag, other than a reusable bag, recycled paper bag, or compostable 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 bags include bags, a maximum size of eleven inches by seventeen inches, provided to the customer to (1) transport produce, bulk food or meat from a product, bulk food or meat department within a store to the point of sale; (2) hold prescription medication dispensed from a pharmacy; or (3) segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a bag.
“Special event” is defined as an arts and crafts exhibit, carnival, circus, concert, fair, farmers’ market, festival, flea market, food event, open-air sale, outdoor entertainment/sporting event, religious revival, rummage sale, secondhand sale, sidewalk sale, swap meet, and other special events, for up to five consecutive days, or four two-day weekends, within a twelve-month period, on private, nonresidentially zoned property. (Ord. 2007 § 1 (Exh. C), 2021; Ord. 1017 § 1, 2014)
8.62.040 Regulations.
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.
B. To allow retail establishments an opportunity to make necessary arrangements for compliance and to use remaining stocks of noncompliant bags, this chapter shall be enforced starting six months after policy adoption. During this period, it shall be the policy of the city to encourage voluntary adherence to the requirements of this chapter.
C. A retail establishment may make recycled paper bags or reusable bags available to customers only if the retail establishment charges a minimum charge of ten cents. Only recycled paper bags and reusable bags as defined in this chapter may be made available for purchase.
D. No earlier than eighteen months from the effective date, the city council of the city of Seaside may establish a higher minimum charge for a recycled paper bag and reusable bag up to twenty-five cents by amendment of this chapter by resolution.
E. Notwithstanding this chapter, when a recycled paper bag or a reusable bag is distributed to the customer, the amount of the sale of the recycled paper bag or reusable bag shall be separately itemized on the sales receipt.
F. Notwithstanding any other provision of this chapter, a retail establishment may provide one or more recycled paper bags or reusable bags at no cost to the following individuals: a customer participating in the California Special Supplement Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the California Health and Safety Code; a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code; and a customer participating in CalFresh pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code. (Ord. 2007 § 1 (Exh. C), 2021; Ord. 1017 § 1, 2014)
8.62.050 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. Such records shall be kept for a minimum period of one year from the date of purchase and sale, and such records shall be available for inspection by the city at no cost to the city during regular business hours. Unless the city and retail establishment mutually agree upon an alternative location or method of review, the records or documents shall be available at the retail establishment address. The provision of false information, including but not limited to incomplete records or documents to the city, shall be a violation of this chapter. (Ord. 2007 § 1 (Exh. C), 2021; Ord. 1017 § 1, 2014)
8.62.060 Enforcement.
A. The designated code enforcement official shall be primarily responsible for implementation and enforcement of this chapter. The code enforcement official is authorized to establish guidelines and procedures to implement this chapter and to take such action as may be necessary, including inspection of retail establishments, to monitor compliance with this chapter.
B. In the event of a violation of this chapter or any requirement imposed pursuant to this chapter, the city may in its discretion, in addition to all other remedies, take such enforcement action as is authorized under the Seaside Municipal Code and any other action authorized by law.
C. If the city elects to utilize the administrative procedures set forth in Chapter 2.56 SMC to enforce this chapter, the “enforcement officer” shall serve as the enforcement official within the meaning of Chapter 2.56 SMC. (Ord. 2007 § 1 (Exh. C), 2021; Ord. 1017 § 1, 2014)