The following definitions apply to this chapter:
"Affected retail establishment"
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.
"Customer"
means any person purchasing goods from a store.
"Food provider"
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.
"Grocery store"
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.
"Operator"
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.
"Person"
means any natural person, firm, corporation, partnership,
or other organization or group however organized.
"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.
"Produce bag" or "product bag"
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.
"Recyclable"
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.
"Recyclable paper carryout bag"
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.
"Retail establishment"
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).
"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 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.
"Single-use plastic carryout bag" or "plastic carryout bag"
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)
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)
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)