The purposes of this chapter are to:
A. 
Enact a bag reuse program that reduces waste and pollution, and that decreases the use of single-use plastic carryout bags in the Town of Yountville.
B. 
Protect the environment from the negative impacts of single-use plastic carryout bags by reducing the use of single-use plastic carryout bags, with a provision that would require retail stores within the Town of Yountville to charge customers who request recycled paper bags.
C. 
Provide an incentive for customers to use reusable bags or bring their own bags by exempting application of the bag charge from those customers who use reusable bags or bring their own bags.
(Ord. 16-447)
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)
A. 
No retail establishment shall provide a single-use plastic carryout bag to a customer.
B. 
No retail establishment shall provide a recycled paper bag to a customer for the purpose of transporting merchandise out of the establishment unless: (1) the retail establishment charges the customer an amount of $0.10 or more per bag, and (2) the amount of the charge for each recycled paper bag is separately itemized on the sales receipt provided by the retail establishment to the customer.
C. 
Retailers shall retain the proceeds from the collection of the charge for the point of sale purchase of a recycled paper bag. This chapter does not restrict how retailers use these monies.
D. 
Nothing in this chapter shall prohibit customers from using bags of any type that they bring to a retail establishment themselves or from carrying away goods that are not placed in a bag.
(Ord. 16-447)
A retail establishment may provide a reusable bag or a recycled paper bag at no cost at the point of sale to a customer who is participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code, or a customer who is participating in the Supplemental Food Program pursuant to Chapter 10 of Part 3 of Division 9 of the Welfare and Institutions Code.
(Ord. 16-447)
The Director shall have primary responsibility for enforcement of this chapter. The Director is authorized to make all necessary and reasonable rules and regulations with respect to the enforcement of this chapter. All such rules and regulations shall be consistent with the provisions of this chapter.
It is a violation of this code for any retail establishment to violate or fail to comply with any provision of this chapter.
(Ord. 16-447)