The following definitions apply to this chapter:
means any person purchasing goods from a store.
means the person in control of, or having the responsibility
for, the operation of a store, which may include, but is not limited
to, the owner of the store.
means any natural person, firm, corporation, partnership,
or other organization or group however organized.
means a recyclable paper carryout bag or a reusable bag.
means any bag made predominantly of plastic derived from
either petroleum or a biologically-based source, such as corn or other
plant sources, which is provided to a customer at the point of sale.
"Plastic carryout bag" includes compostable and biodegradable
bags but does not include reusable bags, produce bags, or product
bags.
means a material that would otherwise be destined for solid
waste disposal, having completed its intended end use and product
life cycle. "Postconsumer recycled material" does not
include materials and by-products generated from, and commonly reused
within, an original manufacturing and fabrication process.
means any bag without handles provided to a customer: (A)
to carry produce, meats, or other food items to the point of sale
inside a store; (B) to hold prescription medication dispensed from
a pharmacy; (C) to protect food or merchandise from being damaged
or contaminated by other food or merchandise when items are placed
together in a reusable bag or recyclable paper carryout bag; or (D)
a bag without handles that is designed to be placed over articles
of clothing on a hanger.
means material that can be sorted, cleansed, and reconstituted
using available recycling collection programs for the purpose of using
the altered form in the manufacture of a new product. "Recycling"
does not include burning, incinerating, converting, or otherwise thermally
destroying solid waste.
means a paper bag that meets all of the following requirements:
(A) is one hundred percent recyclable overall and contains a minimum
of forty percent post-consumer recycled material; (B) is capable of
composting, consistent with the timeline and specifications of the
American Society of Testing and Materials (ASTM) Standard D6400; (C)
is accepted for recycling in curbside programs in the city; (D) has
printed on the bag the name of the manufacturer, the location (country)
where the bag was manufactured, and the minimum percentage of postconsumer
recycled material used; and (E) displays the word "Recyclable"
in a highly visible manner on the outside of the bag.
means a bag with handles that is specifically designed and
manufactured for multiple reuse and meets all of the following requirements:
(A) meets the EcoLogo ATP-001 standard for durability Dynamic Test
with a minimum of 1500 cycles of testing; (B) meets the EcoLogo ATP-001
standard for durability Capacity Test with a minimum volume of 15
liters; (C) is machine washable or is made from a material that can
be cleaned or disinfected; (D) does not contain lead, cadmium, or
any other heavy metal in toxic amounts as determined by testing using
State methods following the Model Toxics in Packaging Legislation;
(E) has printed on the bag, or on a tag that is permanently affixed
to the bag, the name of the manufacturer, the location (country) where
the bag was manufactured, a statement that the bag does not contain
lead, cadmium, or any other heavy metal in toxic amounts, and the
percentage of postconsumer recycled material used, if any; and (F)
if made of plastic, is a minimum of at least 2.25 mils thick as measured
according to ASTM D6988-08 or ISO 4593-1993 or ISO 4591:1992 standards.
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The Director of Environmental Services or his or her designee
is authorized to approve alternate testing methods meeting this section's
requirements provided that the proposed testing standards satisfactorily
comply with the intent, quality and effectiveness in order to meet
the purposes of this chapter.
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means any of the following retail establishments located
within the City limits of the city of Sunnyvale:
A full-line, self-service retail store with gross annual sales
of two million dollars ($2,000,000), or more, that sells a line of
dry grocery, canned goods, or nonfood items and some perishable items;
A store of at least 10,000 square feet of retail space that sells any perishable or non-perishable goods including, but not limited to, clothing, food, or personal items, and generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code);
A drug store, pharmacy, supermarket, grocery store, convenience
food store, foodmart, or other entity engaged in the retail sale of
a limited line of goods that includes milk, bread, soda, and snack
foods, including those stores with a Type 20 or 21 license issued
by the Department of Alcoholic Beverage Control; or
A store or other location of less than 10,000 square feet of retail space that sells any perishable or non-perishable goods including, but not limited to, clothing, food, or personal items, and generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code), including temporary events and mobile vendors operating without a fixed place of business.
(Ord. 2965-11 § 1; Ord. 3001-13 § 1)
(a)
No
store shall provide to any customer a plastic carryout bag.
(b)
This
prohibition applies to bags provided for the purpose of carrying away
goods from the point of sale and does not apply to produce bags or
product bags.
(Ord. 2965-11 § 1)
All stores shall provide or make available to a customer only
recyclable paper carryout bags or reusable bags for the purpose of
carrying away goods or other materials from the point of sale, subject
to the terms of this chapter. Nothing in this chapter prohibits customers
from using bags of any type that they bring to the store themselves
or from carrying away goods that are not placed in a bag, in lieu
of using bags provided by the store.
(Ord. 2965-11 § 1)
(a)
(1)
Any store that provides a permitted carryout bag to a customer must
charge the customer a minimum of 10 cents ($0.10) for each bag provided,
except as otherwise provided in this chapter.
(2)
The minimum charge for permitted carryout bags set forth in paragraph
(1) of this subsection (a) shall be adjusted as of July 1, 2014 and
annually on July 1 thereafter to reflect changes in the San Francisco/Oakland/San
Jose Metropolitan Area Consumer Price Index (All Urban Consumers:
1982-84 = 100) (CPI-U), or successor index compiled and published
by the United States Department of Labor, Bureau of Labor Statistics.
The index level as of December 2012 (i.e. 239.533) shall be the base
index and shall be compared with the index in subsequent years. The
minimum charge will be adjusted only when the percentage change from
the base index would result in a difference of at least $0.05 in the
minimum charge. In no event shall the adjustment exceed $0.05 per
year.
(b)
No store shall rebate or otherwise reimburse a customer any portion of the charge required in subsection (a) of this section, except as otherwise provided in this chapter.
(c)
All
stores must indicate on the customer receipt the number of recyclable
paper carryout bags provided and the total amount charged for the
bags.
(d)
All stores must retain a complete and accurate record or documents showing the total number of recyclable paper carryout bags provided, the total number of reusable bags provided and the total amount of monies collected for providing recyclable paper carryout bags and reusable bags, and a summary of any efforts a store has undertaken to promote the use of reusable bags by customers. Records will include permitted carryout bags provided free of charge per the exemptions in Section 5.38.060. Such information must be retained for a minimum period of three years from the date of purchase and made available upon request at no cost to the Director of Environmental Services.
(Ord. 2965-11 § 1; Ord. 3001-13 § 2)
Stores are strongly encouraged to educate their staff to promote
reusable bags and to post signs encouraging customers to use reusable
bags.
(Ord. 2965-11 § 1)
(a)
All stores must provide at the point of sale, free of charge, permitted carryout bags to any customer participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the Welfare and Institutions Code, or in Calfresh pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code.
(b)
This
chapter shall not apply to a charitable organization, as defined in
Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct
operating unit or division of the charitable organization, that reuses
and recycles donated goods or materials and receives more than fifty
percent of its revenues from the handling and sale of those donated
goods or materials.
(Ord. 2965-11 § 1; Ord. 3001-13 § 3)
(Ord. 2965-11 § 1)
(a)
The
director of environmental services has primary responsibility for
enforcement of this chapter. The director of environmental services
is authorized to promulgate regulations and to take any and all other
actions reasonable and necessary to enforce this chapter, including,
but not limited to, investigating violations, issuing fines and entering
the premises of any store during business hours.
(b)
If
the director of environmental services determines that a violation
of this chapter has occurred, he or she will issue a written warning
notice to the operator of a store that a violation has occurred and
the potential penalties that will apply for future violations.
(c)
Any
store that violates or fails to comply with any of the requirements
of this chapter after a written warning notice has been issued for
that violation shall be guilty of an infraction.
(d)
If
a store has subsequent violations of this chapter that are similar
in kind to the violation addressed in a written warning notice, the
following penalties will be imposed and shall be payable by the operator
of the store:
(1)
A fine not exceeding one hundred dollars for the first violation
after the written warning notice is given;
(2)
A fine not exceeding two hundred dollars for the second violation
after the written warning notice is given; or
(3)
A fine not exceeding five hundred dollars for the third and any subsequent
violations after the written warning notice is given.
(e)
A
fine shall be imposed for each day a violation occurs or is allowed
to continue.
(f)
All
fines collected pursuant to this chapter shall be deposited in the
Solid Waste Management Fund of the department of environmental services
to assist the department with its costs of implementing and enforcing
the requirements of this chapter.
(g)
Any
store operator who receives a written warning notice or fine may request
an administrative review of the accuracy of the determination or the
propriety of any fine issued, by filing a written notice of appeal
with the director of environmental services no later than thirty days
after receipt of a written warning notice or fine, as applicable.
The notice of appeal must include all facts supporting the appeal
and any statements and evidence, including copies of all written documentation
and a list of any witnesses, that the appellant wishes to be considered
in connection with the appeal. The appeal will be heard by a hearing
officer designated by the director of environmental services. The
hearing officer will conduct a hearing concerning the appeal within
forty-five days from the date that the notice of appeal is filed,
or on a later date if agreed upon by the appellant and the city, and
will give the appellant ten days prior written notice of the date
of the hearing. The hearing officer may sustain, rescind, or modify
the written warning notice or fine, as applicable, by written decision.
The hearing officer will have the power to waive any portion of the
fine in a manner consistent with the decision. The decision of the
hearing officer is final and effective on the date of service of the
written decision, is not subject to further administrative review,
and constitutes the final administrative decision.
(Ord. 2965-11 § 1)
If any section, subsection, sentence, clause, or phrase of this
chapter is for any reason held to be invalid by a decision of any
court of competent jurisdiction, that decision will not affect the
validity of the remaining portions of this chapter. The city council
hereby declares that it would have passed the ordinance codified in
this chapter and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard
to whether any portion of this chapter would be subsequently declared
invalid.
(Ord. 2965-11 § 1)
Nothing in this chapter is intended to create any requirement,
power or duty that is in conflict with any federal or state law.
(Ord. 2965-11 § 1)
