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Village of Sagaponack, NY
Suffolk County
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[HISTORY: Adopted by the Board of Trustees of the Village of Sagaponack 1-20-2015 by L.L. No. 1-2015. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
CHECKOUT BAG
A carryout bag that is provided to a customer at the point of sale. The term "checkout bag" does not include plastic produce bags or plastic bags measuring 28 inches by 36 inches or larger in size.
PLASTIC PRODUCE BAG
A flexible container made of very thin plastic material with a single opening that is used to transport produce, meats or other items selected by customers to the point of sale.
RECYCLABLE PAPER BAG
A paper bag that is 100% recyclable overall and displays the words "reusable" and "recyclable" on the outside of the bag.
RETAIL SALES
The transfer to a customer of goods in exchange for payment occurring in retail stores, sidewalk sales, flea markets, farmers' markets and restaurants. The term "retail sales" does not include sales of goods at yard sales, tag sales, other sales by residents at their home and sales by nonprofit organizations.
REUSABLE BAG
A bag with handles that is specifically designed and manufactured for multiple reuse and is:
A. 
Made of cloth or other fabric; and/or
B. 
Made of durable plastic that is at least 2.25 mils thick.
A. 
Any person engaged in retail sales shall provide only reusable bags and/or recyclable paper bags as checkout bags to customers.
B. 
Nothing in this section shall preclude persons engaged in retail sales from making reusable bags available for sale to customers.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.