[Adopted 9-5-2019 by Ord. No. 73]
As used in this article, the following terms shall have the
meanings indicated:
COVERED STORE
An establishment engaged in the retail sale of personal,
consumer, household items, including but not limited to: drugstores,
pharmacies, grocery stores, supermarkets, convenience stores, foodmarts,
gas stations, hardware and home improvement stores, stationery and
office supply stores and food service establishments that provide
carry-out bags to consumers. Covered stores also include all apparel,
clothing and shoe stores, including those in malls.
CUSTOMER
Any person obtaining goods from a covered store.
FOOD SERVICE ESTABLISHMENT
A place where prepared food is provided for individual portion
service directly to a customer, whether consumption occurs on or off
the premises.
PAPER CARRY-OUT BAG
A paper bag, other than an exempt bag, that is provided to
a customer by a person required to collect tax to be used by the customer
to carry tangible personal property, regardless of whether such person
required to collect tax sells any tangible personal property or service
to the customer, and regardless of whether any tangible personal property
or service sold is exempt from tax under Article 28 of the Tax Law.
POLYSTYRENE FOAM
Any blown polystyrene, expanded, or extruded foams (commonly
referred to as Styrofoam) which are thermoplastic petrochemical materials
utilizing a styrene monomer and processed by a number of techniques,
including but not limited to: fusion of polymer spheres (expandable
bead polystyrene), injection molding, form molding, and extrusion
blow molding (extruded from polystyrene). It shall also include clear
or solid polystyrene, known as "oriented polystyrene."
RECYCLABLE PAPER BAG
A paper bag that contains no old growth fiber; is 100% recyclable
overall and contains a minimum of 50% post-consumer recycled content.
RETAIL SALES
The transfer to a customer of goods in exchange for payment
occurring in retail stores, sidewalk sales, farmers' markets,
flea markets and restaurants. The term "retail sales" does not include
sales of goods at yard sales, tag sales, or other sales by residents
at their homes.
SINGLE-USE FOOD SERVICE WARE
All bowls, plates, cartons, cups, and other containers, trays,
or items intended for single use or in which any food service establishment
places and/or packages food or provides to customers to do so, or
any of which is to be used by customers to consume food. This includes,
but is not limited to, service ware used for takeout or leftovers
from partially consumed meals prepared for consumption at a specific
location.
SINGLE-USE PLASTIC STRAW
A single-use, disposable tube made predominantly of plastic
derived from either petroleum or biologically based polymer, such
as corn or other plant sources, used to transfer a beverage from a
container to the mouth of the person drinking the beverage. "Single-use
plastic straw" shall not include a straw made from nonplastic materials,
including, but not limited to, paper, pasta, sugar cane, wood, or
bamboo, or a straw expressly marketed as and intended for reuse.
Any food service establishment or covered store found to be in violation of the provisions of this article, with the exemption of §
189-4, for which the penalties are outlined under § 27-2807 of the state Environmental Conservation Law and are enforced by the New York State Department of Agriculture and Markets and Attorney General, shall be liable for a civil penalty. Such a penalty will be imposed upon the findings of an investigation by the City of Troy following notice of a potential violation. Such a penalty will be payable to the City of Troy pursuant to the following penalty structure:
A. Any covered store or food service establishment found to be in violation
of the provisions of this law a first time shall be issued a written
warning.
B. Any covered store or food service establishment found to be in violation
of the provisions of this law a second time shall be liable for a
civil penalty not to exceed $100.
C. Any covered store or food service establishment found to be in violation
of the provisions of this law a third time shall be liable for a civil
penalty not to exceed $250.
D. Any covered store or food service establishment found to be in violation
of the provisions of this law a fourth time shall be liable for a
civil penalty not to exceed $500.
E. For each subsequent violation, daily fines of $100 shall be instituted
and applied for violations of this article until compliance is achieved.
F. All fines collected for violations of this article shall be used
to offset any costs of compliance and oversight of adherence to this
article or to address the costs to the City associated with waste
removal and recycling.
Any section of this article shall be null and void on the day
that a Rensselaer County or statewide law is in effect, incorporating
either the same or substantially similar provisions as are contained
in this article or in the event that a relevant county, state or federal
administrative agency issues and promulgates regulations preempting
such action by the City of Troy. The Troy City Council shall determine
by resolution whether or not the identical or substantially similar
county or statewide law or relevant preemptive county, state or federal
regulations have been enacted for the purposes of triggering the provisions
of this section.
Within five days of the enactment of this article, the City
Clerk shall mail a certified copy of this article by registered or
certified mail to the New York State Commissioner of Taxation and
Finance and file a certified copy of this article with the New York
State Tax Commission, the Secretary of State, the New York State Comptroller,
the Rensselaer County Executive, and the Rensselaer County Legislature
pursuant to Subdivisions (iv)(d) and (e) of § 1210 of the
Tax Law.
This article takes effect on March 1, 2020, except that the
City of Troy and its employees may take such measures as are necessary
for its implementation prior to such effective date.