The following definitions apply to this chapter:
means any retail establishment located within or doing business
within the geographical limits of the City of West Hollywood, including
vendors at city-sponsored events, city-owned facilities, and events
held on city property, but excluding certified farmers' markets and
dry cleaners.
means any person purchasing goods from a store.
means any person or establishment in the City of West Hollywood,
that provides prepared food for public consumption on or off its premises
and includes, without limitation, any store, shop, sales outlet, restaurant,
grocery store, delicatessen, or catering truck or vehicle.
means any retail establishment that sells groceries, fresh,
packaged, canned, dry, prepared or frozen food or beverage products
and similar items, and includes, without limitation, supermarkets,
and convenience stores, including convenience stores at gasoline stations.
means the person in control of, or having the responsibility
for, the operation of a store, which may include, but is not limited
to, the owner of the store.
means any natural person, firm, corporation, partnership,
or other organization or group however organized.
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.
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 material that can be sorted, cleansed, and reconstituted
using available recycling collection programs for the purpose of using
the altered form in the manufacture of a new product. "Recycling"
does not include burning, incinerating, converting, or otherwise thermally
destroying solid waste.
means a paper bag that meets all of the following requirements:
(1) contains no old growth fiber; (2) is one hundred percent recyclable
overall and contains a minimum of forty percent postconsumer recycled
material; (3) is capable of composting, consistent with the timeline
and specifications of the American Society of Testing and Materials
(ASTM) Standard 06400; (4) is accepted for recycling in curbside programs
in the city; (5) has printed on the bag the name of the manufacturer,
the location (country) where the bag was manufactured, and the percentage
of postconsumer recycled material used; and (6) displays the word
"Recyclable" in a highly visible manner on the outside of the bag.
means any commercial retail facility that sells goods or
provides merchandise directly to the ultimate consumer, including,
but not limited to, grocery stores, pharmacies, liquor stores, mini-marts,
clothing stores, newsstands, retail stores and vendors selling goods
or merchandise from a kiosk (as that term is used in Title 19).
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 definition, 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 washable; (4) does not contain lead,
cadmium, or any other heavy metal in toxic amounts; (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.
means any bag made predominantly of plastic derived from
either petroleum or biologically-based source, such as corn or other
plant sources, which is provided to a customer at the point of sale.
"Plastic carryout bag" includes compostable and biodegradable bags
but does not include reusable bags, produce bags, or product bags.
(Ord. 12-898 § 2, 2012)
No affected retail establishment shall provide plastic carryout bags to customers for the purpose of carrying away goods from the point of sale, except as otherwise provided in Section 15.72.030.
(Ord. 12-898 § 2, 2012)
a.
Affected
retail establishments may provide or make available to a customer
recyclable paper carryout bags for the purpose of carrying away goods
or other materials from the point of sale, subject to the terms of
this chapter. Nonrecyclable paper carryout bags shall not be provided
to customers unless they meet the definition of reusable bag.
b.
Affected
retail establishments shall make reusable bags available to customers
either for sale or at no charge.
c.
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. 12-898 § 2, 2012)
a.
Affected
retail establishments may distribute produce bags for the purpose
of preventing food items from coming into direct contact with other
purchased items.
b.
Food
providers may distribute plastic carryout bags to customers for the
purpose of carrying out prepared take-out foods and liquids intended
for consumption away from the food provider's premises, and by vendors
at certified farmers' markets.
(Ord. 12-898 § 2, 2012)
a.
Any
affected retail establishment that provides a recyclable paper carryout
bag to a customer shall charge the customer ten cents ($0.10) for
each bag provided, except as otherwise provided in this chapter.
b.
No affected retail establishment shall rebate or otherwise reimburse a customer any portion of the ten-cent ($0.10) charge required in subsection a, except as otherwise provided in this chapter.
c.
All
affected retail establishments shall indicate on the customer receipt
the number of recyclable paper carryout bags provided and the total
amount charged for the bags.
d.
All
monies collected by a retail establishment under this chapter shall
be retained by the store and shall be used only for the following
purposes: (1) costs associated with complying with the requirements
of this chapter; (2) actual costs of providing recyclable paper carryout
bags; or (3) costs associated with a store's educational materials
or education campaign encouraging the use of reusable bags, if any.
(Ord. 12-898 § 2, 2012)
All affected retail establishments must provide at the point of sale, free of charge, either reusable bags or recyclable paper carryout bags, or both, at the store's option, to any customer participating in either 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 Health and Safety Code or in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the Welfare and Institutions Code.
(Ord. 12-898 § 2, 2012)
a.
The
City Manager, or designee, shall enforce the provisions of this chapter.
Nothing in this chapter shall be construed to create a private cause
of action. The City Manager or designee, shall be authorized to establish
regulations and to take any and all actions reasonable and necessary
to obtain compliance with this chapter, including, but not limited
to, inspecting any retail establishment's premises to verify compliance.
b.
If
the City Manager, or designee, determines that a violation of this
chapter has occurred, he or she will issue a written warning notice
to the operator of a store that a violation has occurred and the potential
penalties that will apply for future violations.
c.
Any person that violates or fails to comply with any of the requirements of this chapter after a written warning notice has been issued for that violation shall be subject to the administrative citation procedures in Chapter 1.08.
d.
The
City Attorney may seek legal, injunctive, or other equitable relief
to enforce this chapter.
e.
Each
violation of this chapter shall be considered a separate offense.
f.
The
remedies and penalties provided in this section are cumulative and
not exclusive, and nothing in this chapter shall preclude any person
from pursuing any other remedies provided by law.
(Ord. 12-898 § 2, 2012)
Nothing in this chapter is intended to create any requirement,
power or duty that is in conflict with any federal or state law.
(Ord. 12-898 § 2, 2012)
