[Adopted 5-13-2019 by Ord. No. 911]
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]
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.