For the purposes of this chapter, the words, terms and phrases
as defined herein shall be construed as hereinafter set forth, unless
it is apparent from the context that a different meaning is intended:
means any person obtaining goods from a retail establishment.
means a charitable organization, as defined in Section 501(c)(3)
of the Internal Revenue Code, or a distinct operating unit or division
of the charitable organization, that reuses and recycles donated goods
or materials and receives more than 50 percent of its revenues from
the handling and sale of those donated goods or materials.
means any natural person, firm, corporation, partnership,
or other organization or group however organized.
means foods 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.
means a paper bag provided at the check stand, cash register,
point of sale, or other point of departure for the purpose of transporting
food or merchandise out of the establishment that contains no old
growth fiber and a minimum of 40 percent post-consumer recycled material;
is 100 percent recyclable; and has printed in a highly visible manner
on the outside of the bag the words "Reusable" and "Recyclable," the
name and location of the manufacturer, and the percentage of post-consumer
recycled content.
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.
means a restaurant, take-out food establishment, or any other
business that receives 90 percent or more of its revenue from the
sale of prepared food to be eaten on or off its premises.
means any commercial establishment that sells perishable
or nonperishable goods including, but not limited to, clothing, food,
and personal items directly to the customer; and is located within
or doing business within the geographical limits of the County of
Sonoma, including the nine incorporated cities and town. Retail establishment
does not include public eating establishments or nonprofit charitable
reusers.
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. A reusable bag provided by a retail establishment
shall be designed and manufactured to withstand repeated uses over
a period of time; made from a material that can be cleaned and disinfected;
and shall not contain lead, cadmium, or any other heavy metal in toxic
amounts.
means a bag, other than a reusable bag, provided at the check
stand, cash register, and point of sale or other point of departure
for the purpose of transporting food or merchandise out of the establishment.
Single-use carryout bags do not include bags without handles provided
to the customer: (1) to transport produce, bulk food or meat from
a produce, bulk food or meat department within a store to the point
of sale; (2) to hold prescription medication dispensed from a pharmacy;
or (3) 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.
(Ord. 4023 § 2, 2014)
(A)
On
and after September 1, 2014, no retail establishment shall provide
a single-use carryout bag to a customer for the purpose of transporting
food or merchandise out of the establishment except as provided in
this chapter.
(B)
On
and after September 1, 2014, a retail establishment may make available
for sale to a customer a recycled paper bag for a minimum charge of
10 cents.
(C)
Notwithstanding
this section, no retail establishment may make available for sale
a recycled paper bag unless the amount of the sale of the recycled
paper bag is separately itemized on the sales receipt.
(Ord. 4023 § 2, 2014)
Every retail establishment shall keep a monthly report of the
total number of recycled paper bags purchased and the total number
sold, for a minimum period of three years from the date of purchase
and sale, which record shall be available for inspection at no cost
to the City during regular business hours by any City employee or
contractor authorized to enforce this chapter. Unless an alternative
location or method of review is mutually agreed upon, the records
or documents shall be available at the retail establishment address.
The provision of false information including incomplete records or
documents to the City shall be deemed a violation of this chapter.
(Ord. 4023 § 2, 2014)
The City Manager, or designee, shall have primary responsibility
for enforcement of this chapter. The City Manager 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.
The City Manager, and/or City Attorney, may determine in their
discretion to send a notice to cure to a retailer prior to invoking
the enforcement provisions of this section if there have not been
prior complaints against the retailer for violation of this chapter.
Anyone violating or failing to comply with any provision of this chapter shall be guilty of an infraction or misdemeanor as determined by the City Attorney under Chapter 1-28. The City Attorney may seek legal, injunctive, administrative or other equitable relief to enforce this chapter. The remedies and penalties provided in this section are cumulative and not exclusive and nothing in this section shall preclude the City from pursuing any other remedies provided by law. In addition to any relief available to the City, the City shall be entitled to recover reasonable attorneys' fees and costs incurred in the enforcement of this chapter.
The authorized representative of any retail establishment may appeal any citation issued under this chapter in accordance with the provisions of Chapter 1-20.
Penalties for violations of any provision of this chapter shall be as set forth in Chapter 1-28.
(Ord. 4023 § 2, 2014)
