For purposes of this chapter, the following terms shall have
the following meanings:
means any retail establishment located within or doing business
within the geographical limits of the city of Malibu.
means the American Society for Testing and Materials (ASTM)
International Standard D6400 for compostable plastic, as that standard
may be amended from time to time.
means any event organized or sponsored by the city of Malibu
or any department of the city of Malibu.
means a plastic bag that: (1) conforms to California labeling
law (Public Resources Code Section 42355 et seq.), which requires
meeting the current ASTM standard specifications for compostability;
(2) is certified and labeled as meeting the ASTM standard by a recognized
verification entity such as the Biodegradable Product Institute; (3)
contains no petroleum-derived content; and (4) displays the word "Compostable"
in a highly visible manner on the outside of the bag.
means any person obtaining goods from an affected retail
establishment, vendor or nonprofit vendor.
means a dealer in staple foodstuffs, meats, produce, and
dairy products and usually household supplies.
means a recognized tax exempt organization which provides
goods as a part of its services.
means the cost which must be collected by affected retail
establishments from their customers when providing a recycled paper
bag.
means any natural person, firm, corporation, partnership,
or other organization or group however organized.
means a retail use where the profession of pharmacy by a
pharmacist licensed by the state of California in accordance with
the Business and Professions Code is practiced and where prescription
medications are offered for sale.
means any bag made from noncompostable plastic, excluding
reusable bags, provided by an affected retail establishment, vendor
or nonprofit vendor to a customer at the point of sale for the purpose
of carrying away goods.
means any plastic bag, excluding reusable bags, exclusively
used to transport produce to the point of sale.
means material that can be sorted, cleansed, and reconstituted
using Malibu's 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 100% recyclable overall and
contains a minimum of 40% post-consumer recycled content; and (3)
displays the words "Reusable" and "Recyclable" in a highly visible
manner on the outside of the bag.
means any commercial business facility that sells goods directly
to the ultimate consumer, including, but not limited to, grocery stores,
pharmacies, liquor stores, "mini-marts," and retail stores and vendors
selling clothing, food and personal items.
means a bag with handles that is specifically designed and
manufactured for multiple reuse and is either: (1) made of cloth or
other machine washable fabric; or (2) made of durable plastic that
is at least 2.25 millimeters thick.
means any store, shop, restaurant, sales outlet or other
commercial establishment located within or doing business within the
city of Malibu, which provides perishable or nonperishable goods.
(Ord. 323 § 1, 2008; Ord. 418 § 1, 2017)
A.
No affected
retail establishment, restaurant, vendor or nonprofit vendor shall
provide plastic bags or compostable plastic bags to customers.
B.
Nothing
in this section shall be read to preclude affected retail establishments,
vendors and nonprofit vendors from making recyclable paper bags available
to customers.
C.
No person
shall distribute plastic bags or compostable plastic bags at any city
facility or any event held on city property.
D.
This
chapter shall apply only to plastic bags or compostable plastic bags
provided at the point of sale for the purpose of carrying away goods.
This chapter shall not apply to single-use plastic produce bags distributed
in a grocery store exclusively for the purpose of transporting produce
to the point of sale.
(Ord. 323 § 1, 2008)
A.
An affected
retail establishment, restaurant, vendor or non-profit vendor may
only provide a recycled paper bag to a customer if it collects a paper
bag cost pass-through from the customer for each recycled paper bag
provided.
B.
The
paper bag cost pass-through shall not be less than ten cents ($0.10)
for each recycled paper bag provided.
C.
No affected
retail establishment, restaurant, vendor or non-profit vendor shall
rebate or otherwise reimburse a customer for any portion of this pass-through.
D.
Funds
collected because of this paper bag cost pass-through requirement
may only be used for the purposes stated in P.R.C. Section 42283.7.
(Ord. 323 §§ 2, 3,
2008; Ord. 418 § 1, 2017)
This chapter shall become operative as to: (1) grocery stores,
food vendors, restaurants, pharmacies and city facilities, six months
after the effective date of the ordinance codified in this chapter;
and (2) all remaining affected retail establishments, vendors and
nonprofit vendors, one year after the effective date of the ordinance
codified in this chapter.
(Ord. 323 § 4, 2008)
In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of the municipal code, violations of the provisions of this chapter are subject to the administrative penalty provisions of Chapter 1.10.
(Ord. 325 § 10, 2008)
