A.
The
City Council of the City of Palm Springs finds and determines that
the City is committed to protecting the public health, safety, welfare,
and environment, and the adoption of the regulatory program provided
in this Chapter will help achieve these goals and promote the public
purposes served by this Chapter.
B.
The
City Council finds that a regulatory program that limits the use of
Single-use Carryout Plastic Bags will reduce the amount of pollution
and improve the quality of life for the citizens of City of Palm Springs.
C.
The
City Council finds that, except in unusual circumstances, it is feasible
and reasonable for parties who provide Single-use Carryout Plastic
Bags to reasonably transition to paper bags where consumers are charged
for paper bag use.
D.
The
City of Palm Springs recognizes that plastic bags are a public nuisance
and affect public health and impacttourism and quality of life of
residents and visitors in the City of Palm Springs.
(Ord. 1849 § 1, 2014)
means any Person obtaining goods from a Store.
means 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 50% of its revenues
from the handling and sale of those donated goods or materials.
means the person in control of, or having the responsibility
for, the operation of a Store, which may include, but not be limited
to, the owner of the Store.
means the cost which must be collected by retailers from
their customers when providing a Recycled Paper Bag.
means any retail store, where prescriptions, medications,
controlled or over the counter drugs, personal care products or health
supplement goods or vitamins are sold, but excluding any licensed
pharmacy located within a hospital.
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, uncooked meat product or fruits or vegetables
which are chopped, squeezed, or mixed.
means any bag without handles used exclusively to carry produce,
meats, or other food items to the point of sale inside a store or
to prevent such food items from coming into direct contact with other
purchased items.
means a restaurant, take-out food establishment, or any other
business that receives 90% or more of its revenue from the sale of
Prepared Food to be eaten on or off its premises.
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% post-consumer recycled content;
is 100% 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. The Recycled Paper Bag is capable of composting,
consistent with the timeline and specifications of the American Society
of Testing and Material (ASTM) Standard Specification for Compostable
Plastics D6400, as published in September 2004.
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 City of Palm
Springs. Retail Establishment does not include Public Eating Establishments
or Nonprofit Charitable Reusers.
means a bag that has handles that is specifically designed
and manufactured for multiple reuse and meets all of the following
requirements: (1) is machine washable or is made of material that
can be cleaned or disinfected; (2) has a minimum lifetime of 125 uses,
which for purposes of this subsection, means the capability of carrying
a minimum of 22 pounds 125 times over a distance of at least 175 feet;
(3) if made of a plastic, it must be at least two and one-quarter
(2.25) mil thick; (4) does not contain lead, cadmium, or any other
heavy metal in toxic amounts, as defined by applicable State and Federal
standards and regulations for packaging or reusable bags.
means a bag other than a Reusable 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.
Single-Use Carryout Plastic 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.
means any of the following categories of retail establishments
located within the City limits of the City of Palm Springs:
|
Category 1: 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;
|
|
Category 2: 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); or
|
|
Category 3: 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
|
|
Category 4: A store 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).
|
|
The term "Store" does not include Public Eating Establishments
or Nonprofit Charitable Reusers.
|
(Ord. 1849 § 1, 2014)
A.
No Store
shall provide to any customer a Single-Use Carryout Plastic Bag.
B.
This
prohibition applies to bags provided for the purpose of carrying away
goods and does not apply to produce bags or product bags.
(Ord. 1849 § 1, 2014)
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. 1849 § 1, 2014)
A.
No Store
shall provide a Single-Use Carryout Plastic Bag to a customer, 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
except as provided in this Section.
B.
No person
shall distribute a Single-Use Carryout Plastic Bag at any City facility,
City-managed concession, Citysponsored event, or City-permitted event
unless otherwise provided in this Section.
C.
Single-use
Carryout Plastic Bags may be distributed to customers by food providers
for the purpose of safeguarding health and safety during the transportation
of prepared take-out foods and liquids intended for consumption away
from the food provider's premises.
D.
A Store
shall make Recycled Paper Bags available to Customers for a minimum
charge of ten cents ($.10) per bag. The sale of each bag shall be
separately itemized on the sale receipt.
E.
All
Stores must keep records of the total number of Recycled Paper Bags
provided; the total amount of monies collected for providing Recycled
Paper Bags, and a summary of any efforts a Store has undertaken to
promote the use of reusable bags by customers in the prior calendar
year. Such records must be made available for the City Manager to
review at any time. These records may be kept at the retailer's corporate
office.
(Ord. 1849 § 1, 2014)
A Store may provide a 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 Section 2 of Division 106 of the Health and Safety Code; and
a Customer participating in the Supplemental Food Program pursuant
to Chapter 10 (commencing with Section 15500) of Part 3 of Division
9 of the California Welfare and Institutions Code, with one or more
Recycled Paper Bags or Reusable Bags at no cost.
(Ord. 1849 § 1, 2014)
A.
The
City Manager is authorized to promulgate rules and regulations regarding
the interpretation, implementation, and enforcement of this Chapter
and to take any and all actions reasonable and necessary to enforce
this Chapter.
B.
Failure to comply with any provision of this Chapter shall constitute an infraction and a violation of the Palm Springs Municipal Code and may be enforced pursuant to any applicable provisions of the Code, including without limitation, the administrative citation provisions of Section 1.06.040 of the Code.
(Ord. 1849 § 1, 2014)
