A. 
The purpose of the Ordinance is to reduce the use of single-use carryout bags and promote the use of reusable bags at the point-of-sale in the City of Union City.
B. 
This chapter adopts and incorporates Ordinance No. 2012-02 of the Alameda County Waste Management Authority, titled "An Ordinance to Regulate the Use of Carryout Bags and Promote the Use of Reusable Bags" ("the Ordinance"), as may be amended, and as set forth in pertinent part in this chapter. In the event that the provisions of this chapter and the Ordinance conflict, the Ordinance prevails.
C. 
The City is a "member agency" and a "covered jurisdiction" in the Ordinance.
(Ord. 771-12 § 5, 2012)
The definitions set forth in this section shall govern the application and interpretation of the Ordinance.
"Alameda County"
means all of the territory located within the incorporated and unincorporated areas of Alameda County.
"Authority"
means the Alameda County Waste Management Authority created by the Joint Exercise of Powers Agreement for Waste Management (JPA).
"Authority representative"
means any agent of the Authority designated by the Enforcement Official to implement the Ordinance, including member agency employees, or private contractors hired for purposes of monitoring and enforcement.
"Covered jurisdiction"
means a member agency of the JPA that has not opted out of coverage under the Ordinance pursuant to Section 9 of the Ordinance.
"Customer"
means any person obtaining goods from a store.
"Enforcement Official"
means the Executive Director of the Authority or his or her authorized designee.
"Executive Director"
means the individual appointed by the Authority Board to act as head of staff and perform those duties specified by the Authority Rules of Procedure and by the Board.
"Member agency"
means a party to the JPA. Current member agencies are the County of Alameda, the Cities of Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Union City, and the Castro Valley and Oro Loma Sanitary Districts. The service areas for the purpose of Section 9 of the Ordinance are:
1. 
The legal boundaries of each of the fourteen incorporated municipalities within Alameda County.
2. 
The unincorporated sections of the County.
"Nonprofit charitable reuse organization"
means a charitable organization recognized as having Section 501 (c)(3) status by 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.
"Person"
means an individual, firm, public or private corporation, limited liability company, partnership, industry or any other entity whatsoever.
"Postconsumer recycled material"
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.
"Primary enforcement representative"
is the chief executive of a covered jurisdiction or a qualified designee who will coordinate with the Authority regarding implementation of the Ordinance. A qualified designee shall have at least two years of municipal code enforcement experience or have undergone at least the level one municipal code compliance training program of the California Association of Code Enforcement Officers, or equivalent training program approved by the Enforcement Official.
"Public eating establishment"
means a restaurant, take-out food establishment or other business that receives ninety percent or more of its revenue from the sale of foods and/or drinks prepared on the premises.
"Recycled paper bag"
means a paper bag provided by a store to a customer at the checkstand, cash register, point-of-sale, or other location for the purpose of transporting food or merchandise out of the store and that contains no old growth fiber and a minimum of forty percent postconsumer recycled material; is one hundred percent recyclable and compostable, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard D6400; and has printed in a highly visible manner on the outside of the bag the words "Recyclable," the name and location of the manufacturer, and the percentage of post-consumer recycled content.
"Reusable bag"
means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements:
1. 
Has a minimum lifetime of one hundred twenty-five uses, which for purposes of this subsection, means the capability of carrying a minimum of twenty-two pounds one hundred twenty-five times over a distance of at least one hundred seventy-five feet;
2. 
Has a minimum volume of fifteen liters;
3. 
Is machine washable or is made from a material that can be cleaned or disinfected;
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;
5. 
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
6. 
If made of plastic, is a minimum of at least 2.25 mils thick.
"Single-use carryout bag"
means a bag other than a reusable bag provided at the checkstand, cash register, point-of-sale or other location for the purpose of transporting food or merchandise out of the store. Single-use carryout bags do not include bags that are integral to the packaging of the product, or 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.
"Store"
means any of the following stores located within covered jurisdictions:
1. 
A full-line, self-service retail store with gross annual sales of two million dollars, or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items; or
2. 
A store of at least ten thousand square feet of retail space that 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) and that has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code; or
3. 
A drugstore, pharmacy, supermarket, grocery store, convenience food store, foodmart, or other entity engaged in the retail sale of goods that include milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control.
(Ord. 771-12 § 5, 2012)
A. 
No store shall provide a single-use carryout bag or reusable bag to a customer at the checkstand, cash register, point-of-sale or other location for the purpose of transporting food or merchandise out of the store after January 1, 2013, except as provided in this section.
B. 
On or before January 1, 2015, a store may make available for sale to a customer a recycled paper bag or a reusable bag for a minimum price of ten cents.
C. 
On or after January 1, 2015, a store may make available for sale to a customer a recycled paper bag or a reusable bag for a minimum price of twenty-five cents. This restriction, however, shall not apply if the Authority finds, after January 1, 2014, that the Ordinance has achieved its goal to substantially reduce the environmental impacts of the use of single-use carryout bags, in which case the minimum ten cents per bag price provided in Section 4(b) of the Ordinance shall apply.
D. 
No store may make available for sale a recycled paper bag or reusable bag unless the amount of the sale of the recycled paper bag and reusable bag is separately itemized on the sales receipt.
E. 
A store may provide a reusable bag at no charge if it is distributed as part of an infrequent and limited time promotion. An infrequent and limited time promotion shall not exceed a total of ninety days in any consecutive twelvemonth period.
F. 
A store may provide free reusable bags or free recycled paper bags at the point-of-sale to 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 Part 2 of Division 106 of the California 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, as necessary to carry the items purchased at the store by each such customer.
(Ord. 771-12 § 5, 2012)
Nothing in the Ordinance 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.
(Ord. 771-12 § 5, 2012)
The Ordinance does not apply to:
A. 
Single-use carryout bags or reusable bags distributed to customers by food providers for the purpose of safeguarding public health and safety during the transportation of take-out foods and drinks prepared on the food provider's premises but intended for consumption at or away from the food provider's premises.
B. 
Single-use carryout bags or reusable bags used by public eating establishments or nonprofit charitable reuse organizations.
(Ord. 771-12 § 5, 2012)
A. 
Every store shall keep complete and accurate records of the number of recycled paper bags and the number of reusable bags purchased and sold each month at the store during the period commencing July 1, 2012, and ending December 31, 2013. The store shall also keep complete and accurate records of the days on which free reusable bags are distributed pursuant to Section 4(e) of the Ordinance. All records required by the Ordinance shall be available for inspection within seven days of the Authority's request at no cost to the Authority during regular business hours by any Authority representative authorized to enforce the Ordinance. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be available at the store address.
B. 
The provision of false information including incomplete records or documents to the Authority shall be a violation of the Ordinance.
C. 
Authority representatives are authorized to conduct any other inspections reasonably necessary to further the goals of the Ordinance, subject to applicable laws.
(Ord. 771-12 § 5, 2012)
A. 
An enforcement action shall not be taken in any covered jurisdiction without written approval from the primary enforcement representative of that covered jurisdiction. The primary enforcement representative shall provide approval or disapproval of a proposed enforcement action in a timely manner.
B. 
Violation of any provision of the Ordinance shall constitute grounds for assessment of a notice of violation and fine by an Authority representative in accordance with Government Code Section 53069.4 or as the code shall subsequently be amended or reorganized. Where an enforcement action is necessary to enforce the Ordinance, the Enforcement Official will typically issue a notice of violation as authorized in this subsection prior to taking the actions authorized pursuant to Section 8(c) or 8(d) of the Ordinance. A separate notice of violation and fine may be imposed for each day on which a violation occurs. The fine shall not exceed the amounts detailed for misdemeanors in Section 8(d) of the Ordinance. The notice of violation shall list the specific violation and fine amount and describe how to pay the fine and how to request an administrative hearing to contest the notice of violation. The fine must be paid within thirty days of the notice of violation and must be deposited prior to any requested hearing. A hearing, by a hearing officer, will be held only if it is requested within thirty days of the notice of violation. Evidence may be presented at the hearing. If it is determined that no violation occurred, the amount of the fine shall be refunded within thirty days. The Authority shall serve the final order on the person subject to the notice of violation by first class, overnight or certified mail.
C. 
Violation of any provision of the Ordinance may be enforced by a civil action including an action for injunctive relief.
D. 
Violation of any provision of the Ordinance shall constitute a misdemeanor punishable by a fine not to exceed five hundred dollars for the first violation, a fine not to exceed seven hundred fifty dollars for the second violation within one year and a fine not to exceed one thousand dollars for each additional violation within one year. Violation of any provision of the Ordinance may also be enforced as an infraction punishable by a fine not to exceed one hundred dollars for the first violation, a fine not to exceed two hundred dollars for the second violation within one year and a fine not to exceed five hundred dollars for each additional violation within one year. There shall be a separate offense for each day on which a violation occurs.
E. 
Enforcement pursuant to the Ordinance may be undertaken by the Authority through its Executive Director, counsel, or any Authority representative. In any enforcement action, the Authority shall be entitled to recover its attorneys' fees and costs from any person who violates the Ordinance.
F. 
Enforcement of the Ordinance shall be phased on the following schedule. Prior to January 1, 2013, stores will be notified and public education and outreach activities will take place. Warnings and enforcement actions will be taken as needed after January 1, 2013.
(Ord. 771-12 § 5, 2012)