This chapter shall be known as the "Bag Waste Reduction Law
of the Town of Mamaroneck."
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section:
EXEMPT BAG
A.
A bag used solely to contain or wrap uncooked meat, fish or
poultry;
B.
A bag used by a customer solely to package bulk items such as
fruits, vegetables, grains or candy;
C.
A bag used solely to contain food sliced or prepared to order;
D.
A bag used solely to contain a newspaper for delivery to a subscriber;
E.
Bags sold in bulk to a consumer at the point of sale;
I.
Bags prepackaged for sale to a customer;
J.
Plastic carryout bags provided by a restaurant, tavern or similar
food service establishment, as defined in the state sanitary code,
to carry out or deliver food; or
K.
Bags provided by a pharmacy to carry prescription drugs.
PAPER CARRYOUT 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.
PLASTIC CARRYOUT BAG
Any plastic 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.
REUSABLE BAG
A.
A bag made of cloth or other machine-washable fabric that has
handles; or
B.
A durable bag with handles that is specifically designed and
manufactured for multiple reuse.
If the County of Westchester imposes a paper carryout bag reduction
fee through the adoption of a local law, ordinance or resolution,
the paper carryout reduction fee imposed by this chapter shall remain
in full force and effect until the day before the first anniversary
of the effective date of County of Westchester's local law, ordinance
or resolution imposing a paper carryout bag reduction fee.
A person required to collect tax who violates any provision of this chapter shall receive a warning notice for the first such violation but shall be liable to the Town of Mamaroneck for a civil penalty of $250 for the first violation after receiving a warning and a civil penalty of $500 for any subsequent violation. A person required to collect tax may request a hearing before the Town Board to contest the imposition of a civil penalty pursuant to §
60-7 of the Mamaroneck Town Code.