The following definitions apply to this chapter:
"Customer"
means any person purchasing goods from a store.
"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.
"Plastic carryout bag"
means any bag made predominantly of plastic derived from
either petroleum or a 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.
"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 D6400; (4) is accepted for recycling in curbside programs
in the county; (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.
"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; (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.
"Store"
means any of the following retail establishments located
within the unincorporated area of the county:
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;
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 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.
(Ord. 1088 § 3, 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. 1088 § 3, 2014)
All stores 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 either 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
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. 1088 § 3, 2014)
This chapter shall become operative on July 1, 2016, for stores defined in subsections (J)(1) and (J)(2) of Section
5.74.010. For stores defined in subsection (J)(3) of Section
5.74.010, this chapter shall become operative on July 1, 2017.
(Ord. 1088 § 3, 2014)
If any section, subsection, sentence, clause, or phrase of this
chapter is for any reason held to be invalid by a decision of any
court of competent jurisdiction, that decision will not affect the
validity of the remaining portions of the chapter. The city council
hereby declares that it would have passed the ordinance codified in
this chapter and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard
to whether any portion of this chapter would be subsequently declared
invalid.
(Ord. 1088 § 3, 2014)
Nothing in this chapter is intended to create any requirement,
power or duty that is in conflict with any federal or state law.
(Ord. 1088 § 3, 2014)