This chapter shall be known as the City's "Single-Use Carryout Bag Reduction" ordinance, and may be cited as such, and will be referred to herein as "this chapter."
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The purposes of this chapter are to:
A.
Enact a bag reuse program that reduces waste and pollution, and that decreases the use of single-use carryout bags in the City of Napa.
B.
Protect the environment from the negative impacts of single-use carryout bags by reducing the use of single-use carryout bags, with a provision that would require retail stores within the City of Napa to charge customers who request recycled paper bags.
C.
Provide an incentive for customers to use reusable bags or bring their own bags by exempting application of the bag charge from those customers who use reusable bags or bring their own bags.
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For purposes of this chapter, the following definitions shall apply:
means any person obtaining merchandise from a retail establishment.
means the Community Development Director of the City of Napa, or a designee of the Community Development Director or City Manager.
means any consumer goods as that term is defined by California Civil Code Section 1791(a), except that "merchandise" shall also include clothing and consumables, as those terms are defined by California Civil Code Section 1791(c) and (d), respectively. "Merchandise" does not include prepared food. "Merchandise" includes, but is not limited to, liquor and beer, clothing, electronics and groceries that are not prepared food.
means the same as that term is set forth under Napa Municipal Code Section 1.04.030.
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 food 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. Pre-pared food does not include any raw or uncooked meat product, or fruits and vegetables that are in-tended to be prepared for consumption off-site.
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 by a retail establishment to a customer in accordance with this chapter, at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting merchandise out of the establishment that contains no old growth fiber and a minimum of 40% post-consumer recycled material; is 100% recyclable; and has printed in a manner on the outside of the bag the word "recyclable," the name and location of the manufacturer, and the percentage of post-consumer recycled content.
means any commercial establishment that sells merchandise at retail directly to the customer; and is located within or doing business within the geographical limits of the City of Napa. Retail establishment does not include public eating establishments.
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.
means a bag, provided by a retail establishment to a customer at the check stand, cash register, point of sale or other point of departure, for the purpose of transporting merchandise out of the establishment; provided that "single-use carryout bag" specifically excludes any reusable bag or recycled paper bag and excludes any bag 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; (3) to segregate merchandise that could damage or contaminate other merchandise when placed together in a reusable bag or recycled paper bag; or (4) to contain or wrap meat, fish, or frozen foods, whether prepackaged or not.
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A.
On and after January 1, 2015, no retail establishment shall provide a single-use carryout bag to a customer.
B.
On and after January 1, 2015, no retail establishment shall provide a recycled paper bag to a customer for the purpose of transporting merchandise out of the establishment unless: (1) the retail establishment charges the customer an amount of not less than $0.10 per bag; and (2) the amount of the charge for each recycled paper bag is separately itemized on the sales receipt provided by the retail establishment to the customer.
C.
Retailers shall retain the proceeds from the collection of the charge required by subsection B for the point of sale purchase of a recycled paper bag. This chapter does not restrict how retailers use these monies.
D.
Nothing in this chapter shall prohibit customers from using bags of any type that they bring to a retail establishment themselves or from carrying away goods that are not placed in a bag.
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A retail establishment may provide a reusable bag or a recycled paper bag at no cost at the point of sale to a customer who is participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code, or a customer who is participating in the Supplemental Food Program pursuant to Chapter 10 of Part 3 of Division 9 of the Welfare and Institutions Code.
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The Director shall have primary responsibility for enforcement of this chapter. The Director 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.
It is a violation of this code, subject to enforcement pursuant to Chapter 1.16 of this code and punishment and prosecution pursuant to Chapter 1.20 of this code, for any retail establishment to violate or fail to comply with any provision of this chapter.
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