For the purposes of this Chapter, the following words and phrases
shall have the following meanings:
City.
All that territory within the corporate limits of the City
of Santa Monica, State of California.
City Manager.
The City Manager of the City of Santa Monica, or said manager’s
designated representative.
Consumer.
Every person who, for his or her use or consumption, purchases
wine coolers or spirit coolers in a container from a dealer in the
City for off-premises consumption.
Container.
Any sealed device, however denominated, made of glass, metal,
plastic, or other material or any combination of materials, which
directly holds or contains wine coolers or spirit coolers. “Container”
does not include cups or other similar open or loosely sealed receptacles.
Dealer.
Any person who engages in the sale to a consumer of wine
coolers or spirit coolers in a container or containers in the City
for off-premises consumption.
Empty.
A container which is all of the following:
(1)
Has the original seal or closure broken or removed.
(2)
Does not contain foreign materials other than the residue of
wine cooler or spirit cooler originally packaged in the container.
(3)
Bears the refund value marking pursuant to Section
5.12.020(c) herein.
(4)
Is not broken, crushed, or dismembered.
Distributor.
Any person who engages in the sale of wine coolers or spirit
coolers in a container or containers to a dealer in the City. “Distributor”
includes any person who imports or otherwise transports wine coolers
or spirit coolers in containers from outside the City for sale to
a dealer in the City.
Place of business.
The location at which a dealer sells, or offers for sale,
wine coolers or spirit coolers in a container or containers. “Place
of business” as used herein with respect to a distributor shall
mean any location from which said distributor directly transports
wine coolers or spirit coolers in containers to any dealer, if said
location is within the State of California.
Sale (or sold or sell).
Any commercial transaction by any dealer in which wine coolers
or spirit coolers in a container or containers are transferred to
a consumer for a monetary consideration for the purpose of off-premises
consumption, or any commercial transaction by which a distributor
transfers wine coolers or spirit coolers in a container or containers
to dealer for a monetary consideration for the purpose of sale by
the dealer for off-premises consumption.
Spirit cooler.
A liquid intended for human consumption containing distilled
spirits to which is added concentrated or unconcentrated juice or
flavoring material and containing not more than eight percent alcohol
by volume.
Wine cooler.
A liquid intended for human consumption containing wine to
which is added concentrated or unconcentrated juice or flavoring materials
and containing not more than seven percent alcohol by volume.
(Prior code § 5250; added
by Ord. No. 1428CCS, adopted 12/8/87)
(a) Every
wine cooler or spirit cooler container sold or offered for sale by
a distributor to a dealer for sale by the dealer within the City shall
have a refund value of not less than five cents for redemption by
a dealer from the distributor.
(b) It
is unlawful for a distributor to knowingly sell or offer to sell a
wine cooler or spirit cooler container to a dealer for sale by the
dealer within the City and for a dealer to purchase such a container
for such purposes from a distributor unless the distributor charges
and the dealer agrees to pay a refund value of five cents.
(c) Every
wine cooler or spirit cooler container sold or offered for sale by
a dealer within the City shall clearly indicate by embossing or by
a stamp or label or other method, securely affixed to the container
by the distributor, that the container has a refund value of five
cents.
(d) It is unlawful for a distributor to knowingly sell or offer to sell a wine cooler or spirit cooler container to a dealer for sale by the dealer within the City and for a dealer to purchase such a container for such purposes or to store or offer to sell such a container for such purposes unless the container is embossed, stamped, or labeled with, or by other method indicates, the message required by subsection
(c).
(Prior code § 5251; added
by Ord. No. 1428CCS, adopted 12/8/87)
(a) Every
wine cooler or spirit cooler container sold or offered for sale by
a dealer within the City shall have a refund value of five cents for
redemption by a consumer from the dealer.
(b) It
is unlawful for a dealer to sell or offer to sell a wine cooler or
spirit cooler container within the City unless the dealer charges
a refund value of five cents.
(Prior code § 5252; added
by Ord. No. 1428CCS, adopted 12/8/87)
It is unlawful for a distributor to refuse to accept from a dealer any empty wine cooler or spirit cooler container which has been marked in the manner prescribed by Section
5.12.020(c) of the kind, size, and brand sold by the distributor, or to refuse to pay to the dealer a refund value for such container of five cents.
(Prior code § 5253)
(a) It
is unlawful for a dealer who sells wine cooler or spirit cooler in
containers to refuse to redeem a wine cooler or spirit cooler container
from a consumer or refuse to pay a refund value for the container
of five cents to the consumer, when the request for redemption is
made at the dealer’s place of business within the City and the
container is embossed, stamped, or labeled with, or by other method
indicates, a message that the container has a refund value, unless
either:
(1) The container is not empty.
(2) The container contained a brand or type of wine cooler or spirit
cooler which the dealer is not offering for sale at the tim redemption
is requested and has not offered for sale for a period of at least
ninety days.
(b) A
dealer shall be considered in compliance with this Section if it accepts
wine an spirit cooler containers for redemption at redemption facilities
and centers established pursuant to the California Beverage Container
Recycling and Litter Reduction Act.
(Prior code § 5254; added
by Ord. No. 1428CCS, adopted 12/8/87)
The City Manager or the City Manager’s designated representative
is authorized to enter the business premises during business hours
of an dealer engaged in the sale of wine coolers or spirit coolers
in containers in the City for the sole purpose of inspecting said
premises and determining whether the dealer is in compliance with
this Section.
(Prior code § 5255; added
by Ord. No. 1428CCS, adopted 12/8/87)
Any dealer or distributor found in violation of any provision
of this Section shall be guilty of a misdemeanor. For purpose of this
Section, each day of a continuing violation shall constitute a separate
offense.
(Prior code § 5256; added
by Ord. No. 1428CCS, adopted 12/8/87)