[HISTORY: Adopted by the Mayor and Common Council of the City of Westminster as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-13-2019 by Ord. No. 911[1]]
[1]
Editor's Note: Emergency Ord. No. 923, adopted 5-11-2020, provided a deferred effective date for this ordinance of 7-1-2021.
A. 
This chapter is adopted to improve the environment of the City by reducing the number of single-use plastic bags in the stream of commerce.
B. 
Business establishments within the City are encouraged to provide prominently displayed signage advising customers of the benefit of reducing, reusing and recycling, and promoting the use of reusable carry-out bags and recyclable paper carry-out bags by customers. All business establishments are encouraged to make reusable carry-out bags or recyclable paper bags available to customers.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BUSINESS ESTABLISHMENT
Any commercial enterprise that provides carry-out bags to its customers through its employees or independent contractors associated with the business. The term includes sole proprietorships, joint ventures, partnerships, corporations, or any other legal entity, whether for profit or not for profit.
CUSTOMER
A person who purchases merchandise from a business establishment.
SINGLE-USE PLASTIC CARRY-OUT BAG
A bag less than three mils thick made predominantly of plastic, including compostable bags, that is provided by a business establishment to a customer for the purpose of transporting purchases.
[Amended 7-12-2021 by Ord. No. 937]
A. 
No person may provide single-use plastic carry-out bags at any City facility, City-sponsored event, or any event held on City property.
B. 
No business establishment within the City may provide single-use plastic carry-out bags to its customers.
This Chapter shall not apply to:
A. 
Laundry dry-cleaning bags, door-hanger bags, newspaper bags, or packages of multiple bags intended for use for disposition of garbage, pet waste, or yard waste.
B. 
Bags provided by pharmacists or veterinarians to contain prescription drugs or other medical necessities, as required by the U.S. Food and Drug Administration (FDA).
C. 
Bags used inside a business establishment to:
(1) 
Contain bulk items, such as produce, nuts, grains, candy, or small hardware items;
(2) 
Contain or wrap frozen foods, meat, or fish, whether or not prepackaged;
(3) 
Contain or wrap plant material flowers or potted plants to prevent spoilage of the item or moisture damage to other purchases; or
(4) 
Contain unwrapped prepared foods or bakery goods.
D. 
Bags of any type that the customer brings to the business establishment for his or her own use for carrying away from the store goods that are not placed in a bag provided by the business establishment.
E. 
Bags used by restaurants for takeout by customers or for delivery of food to residential customers.
F. 
Bags used by business establishments with fewer than 25 employees at all of the business establishments owned by the same person or entity, wherever such businesses may be located. The exemption set forth in this subsection shall not apply to franchised establishments.
A. 
Any business establishment that violates or fails to comply with the provisions of this chapter shall be deemed guilty of a municipal infraction, punishable by a fine of $100 for a first violation; $200 for a second violation within any twelve-month period; and $500 for each additional violation within any twelve-month period. A transaction involving multiple plastic bags distributed to a single customer shall constitute one offense.
B. 
In addition to the penalties set forth in this section, repeated violations of this chapter by a person who owns, manages, operates, is a business agent of, or otherwise controls a business establishment may result in the suspension or revocation of the business license issued to the premises on which the violations occurred. No business license shall be issued or renewed until all fines outstanding against the applicant for violations of this chapter are paid in full.
C. 
In addition to the penalties provided in Subsection A of this section, multiple violations of this chapter by a business establishment are declared to be a public nuisance, which may be abated by the City by restraining order, preliminary and permanent injunction, or other means provided for by law, and the City may take action to recover the costs of the nuisance abatement.