Note: Ord. No. 1428CCS shall become effective January 1, 1989 pursuant to Section 4 of the Ordinance.)
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)