As used in this Article, unless the content clearly requires otherwise:
"Biodegradable bag"
means a bag that (1) contains no polymers derived from fossil fuels; and (2) is intended for single use and will decompose in a natural setting at a rate comparable to other biodegradable materials such as paper, leaves, and food waste. The Department of Public Works shall promulgate rules identifying bags meeting this definition. These rules shall also set forth an application process whereby a retail establishment can obtain determination whether a bag is a biodegradable bag.
"Checkout bag"
means a bag that is provided by a retail establishment at the checkstand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. Checkout bags does not include bags provided solely for produce, bulk food, or meat at a produce, bulk food or meat department within a grocery store, supermarket, produce or meat market or other similar retail establishment.
"Recyclable paper bag"
means a bag that meets all the following requirements: (1) contains no old growth fiber; (2) is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (40%) post-consumer recycled content; and (3) displays the words "Reusable" and "Recyclable" in a highly visible manner on the outside of the bag.
"Retail establishment"
means any commercial business facility that sells goods directly to the ultimate consumer, including, but not limited to, grocery stores, pharmacies, liquor stores, "mini-marts," and retail stores and vendors selling clothing, food and personal items. Retail establishments shall not include fundraisers by organizations classified under Section 501(c) of the United States Internal Revenue Code or non-incorporated community booster organizations.
"Reusable bag"
means a bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth or other machine washable fabric and/or is made of a durable material at least 2.25 millimeters thick and suitable for reuse.
(Ord. No. 885, October 7, 2009)
(a) 
All retail establishments shall provide only the following as checkout bags to customers: recyclable paper bags, biodegradable bags and/or reusable bags.
(b) 
Nothing in this Article shall preclude any retail establishment from offering checkout bags for sale to customers.
(Ord. No. 885, October 7, 2009)
(a) 
The County Engineer or designee will have primary responsibility for enforcement of this Article through the issuance of violation notices and requests to correct or cease the violation. The County Engineer or designee is authorized to promulgate regulations and to take any and all other actions reasonably necessary to enforce this Article, including, but not limited to, entering the premises of any affected retail establishment to verify compliance.
(b) 
Should the retail establishment fail to comply with the requirements of this Article after reasonable notice by the County Engineer or designee, the County Engineer or designee may seek administrative imposition of a fine. The owner or legal entity holding title to the retail establishment found in violation of this Article shall be subject to civil penalties as follows: (1) two hundred fifty dollars ($250.00) per day for the first notice of violation, (2) five hundred dollars ($500.00) per day for the second notice of violation within three hundred sixty-five (365) days of the first notice, and (3) one thousand dollars ($1,000.00) per day for the third and subsequent notices of violation within three hundred sixty-five (365) days of the first notice.
(c) 
The County Engineer or designee must afford the retail establishment the opportunity for hearing before a hearings officer under Hawai'i Revised Statutes Chapter 91.
(Ord. No. 885, October 7, 2009)
Situations where compliance with the requirements of this Article would deprive a retail establishment of any rights to which it would be entitled.
(Ord. No. 885, October 7, 2009)