For purposes of this chapter, the following definitions shall apply:
"Customer"means any person obtaining merchandise from a retail establishment.
"Director"means the Planning Director of the Town of Yountville or a designee of the Planning Director or Town Manager
"Merchandise"means any consumer goods as that term is defined by California Civil Code Section
1791(a), except that "merchandise" shall also include clothing and consumables, as those terms are defined by California Civil Code Section
1791(c) and
(d), respectively. "Merchandise" does not include prepared food. "Merchandise" includes, but is not limited to, liquor and beer, clothing, electronics and groceries that are not prepared food.
"Person"means any human person, as well as any other form of legal entity (including a corporation, partnership, joint venture, limited liability company, or sole proprietorship).
"Post-consumer recycled material"means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. "Post-consumer recycled material" does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.
"Prepared food"means food or beverages which are prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. "Prepared food" does not include any raw or uncooked meat product, or fruits and vegetables that are intended to be prepared for consumption off-site.
"Public eating establishment"means a restaurant, take-out food establishment, or any other business that receives 90% or more of its revenue from the sale of prepared food to be eaten on or off its premises.
"Recycled paper bag"means a paper bag provided by a retail establishment to a customer in accordance with this chapter, at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting merchandise out of the establishment that contains no old growth fiber and a minimum of 40% post-consumer recycled material; is 100% recyclable; and has printed on the outside of the bag the word "Recyclable," the name and location of the manufacturer, and the percentage of post-consumer recycled content.
"Retail establishment"means a commercial establishment that sells merchandise at retail directly to the customer, and is located within or doing business within the geographical limits of the Town of Yountville. "Retail establishment" does not include public eating establishment.
"Reusable bag"means either a bag made of cloth or other machine washable fabric that has handles, or a durable plastic bag with handles that is at least 2.25 mil thick and is specifically designed and manufactured for multiple reuse.
"Single-use plastic carryout bag"means a bag with handles made predominantly of plastic derived from either petroleum or a biologically-based source, provided at the check stand, cash register, point of sale or other point of departure, including departments within a store, for the purpose of transporting food or merchandise out of a retail establishment. "Single-use plastic carryout bags" do not include reusable bags, bags which form part of a product's packaging or bags without handles provided to the customer, including, but not limited to, bags provided: (1) to transport prepared food, produce, bulk items such as loose beads or small hardware items, bulk food or meat from a department within a store to the point of sale; (2) for dry-cleaning; (3) to hold prescription medication dispensed from a pharmacy licensed pursuant to Chapter 9 (commencing with Section
4000) of Division 2 of the California Business and Professions Code; or (4) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag.
"Specialty bag or gift bag"means a paper shopping bag made of a minimum 175 grams per square meter paper weight, with a flat bottom, side gussets, reinforced turn top, and ribbon, rope or cord handles.
(Ord. 16-447)