"Carry-out bag"
means any bag that is provided by a retail establishment
at the point of sale to a customer for use to transport or carry away
purchases, such as merchandise, goods, or food, from the retail establishment.
Carryout bags do not include product bags as defined in this chapter.
"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,
convenience stores, liquor stores and gasoline station stores.
"Pharmacy"
means any retail establishment, where prescriptions, medications,
controlled or over the counter drugs, personal care products or health
supplement goods or vitamins are sold, but excluding any licensed
pharmacy located within a hospital.
"Product bag"
means any bag provided to a customer for use within a retail
establishment to assist in the collection or transport of products
to the point-of-sale within the retail establishment, or to protect
a purchased item from damaging or contaminating other purchased items
when placed together in a recycled paper bag or reusable bag; a bag
provided by a pharmacy to a customer purchasing prescription medication.
"Recycled paper bag"
means a paper carryout bag provided by a store to a customer
at the point of sale for the purpose of transporting food and merchandise
out of the store and that meets the following standards: (1) contains
no old-growth fiber; (2) contains a minimum of 40% postconsumer recycled
materials; (3) is recyclable; (4) has printed in a highly visible
manner on the outside of the bag the word "recyclable" and the percentage
of post-consumer recycled content.
"Recycled paper bag cost pass-through"
means the cost that this chapter requires grocery stores
and pharmacies to collect from their customers whenever a recycled
paper bag is provided to a customer.
"Restaurant"
means any person or establishment doing business within the
City of Encinitas that provides prepared food or beverages for consumption
on or off its premises such as a restaurant, café, bakery,
grocery or convenience store counter or delicatessen, or catering
truck vehicle.
"Retail establishment"
means any person, including a corporation, partnership, business,
facility, vendor, organization or individual, that sells or provides
merchandise, goods or materials, including, without limitation, clothing,
food, or personal item of any kind, directly to a consumer. "Retail
establishment" includes, without limitation, any grocery store, department
store, hardware store, pharmacy, liquor store, convenience store,
outdoor farmers' market, and any other retail store or vendor. "Retail
establishment" does not include restaurants, catering trucks, mobile
food trucks, and other similar food establishments.
"Reusable bag"
means a bag with handles that is specially designed and manufactured
for reuse and meets all of the following requirements: (1) has a minimum
lifetime of 125 uses, which for purposes of this subsection, means
the capability of carrying a minimum of 22 pounds 125 times over a
distance of at least 175 feet; (2) has a minimum volume of 15 liters;
(3) is machine washable or made from a material that can be cleaned
or disinfected; (4) does not contain lead, cadmium, or any other heavy
metal in toxic amounts, as defined by applicable state and federal
standards and regulations for packaging or reusable bags; and (5)
if made of plastic, is a minimum of at least two and one-quarter (2.25)
mils thick.
"Single-use plastic carry-out bag"
means any bag less than 2.25 mils thick and made predominately
of plastic derived from petroleum or bio-based sources, such as corn
or other plant source, and includes compostable, non-compostable,
and biodegradable plastic bags. Single-use carry out bag does not
include product bag as defined in this chapter.
(Ord. 2014-08)
Notwithstanding the requirements contained in Section
11.26.020.
A. A retail establishment shall provide a customer participating 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 California
Health and Safety Code and a customer participating in the Supplemental Food Program pursuant to Chapter
10 (commencing with Section 15500) of Part 3 of Division 9 of the California
Welfare and Institutions Code with a reusable bag or a recycled paper bag at no cost at the point of sale.
B. This
chapter shall not apply to a charitable organization as defined in
Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct
operating unit or division of the charitable organization that reuses
and recycles donated goods or materials.
C. The
provision of product bag as defined in this chapter is not prohibited.
D. The
provision of single-use plastic carry-out bags at restaurants as defined
in this chapter is not prohibited.
E. The
provision of single-use bags for the collection and disposal of pet
waste is not prohibited.
F. The
City Manager, or his/her designee, may exempt a retail establishment
or nonprofit from the requirements of this chapter for up to a one-year
period upon a showing by the retail establishment that the conditions
of this chapter would cause undue hardship. An undue hardship shall
only be found if:
1. Circumstances
or situations unique to the particular retail establishment are such
that there are no reasonable alternatives to single-use, plastic carryout
bags or a recycled paper bag cost pass-through charge; or
2. Circumstances
or situations unique to the retail establishment are such that compliance
with the requirements of this chapter would deprive a person of a
legally protected right.
G. If
a retail establishment requires an exemption beyond the initial exemption
period, the retail establishment must re-apply prior to the end of
the exemption period and must demonstrate continued undue hardship
if it wishes to have the exemption extended. Extensions may only be
granted for intervals not to exceed one year.
H. An
exemption application shall include all information necessary for
the City to make its decision, including, but not limited to documentation
showing the factual support for the claimed exemption. The City Manager
or his/her designee may require the applicant to provide additional
information to permit the City to determine facts regarding the exemption
application.
I. The
City Council may by resolution establish a fee for exemption applications.
The application fee shall be an amount sufficient to cover the costs
of processing the exemption application.
(Ord. 2014-08)
Nothing in this chapter is intended to or shall be interpreted
as conflicting with any federal or state law or regulation.
(Ord. 2014-08)
A. This
chapter shall become operative as to grocery stores, pharmacies and
City facilities six months after its effective date, and all remaining
affected retail establishments and farmers' markets within 12 months
after the effective date.
B. Within
15 days of the date of adoption of the ordinance codified in this
chapter, the City Clerk shall post a copy of the ordinance in places
designated for such posting and shall certify to the same. The City
Clerk shall certify the passage of this chapter and shall cause the
same to be published as required by law.
(Ord. 2014-08; Ord. 2017-07)
If any section, subsection, subdivision, paragraph, sentence,
clause, phrase or portion of this chapter is, for any reason, held
to be invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect the validity or effectiveness of the
remaining portions of this chapter. The City Council hereby declares
that it would have adopted the ordinance codified in this chapter
and each section, subsection, subdivision, paragraph, sentence, clause,
phrase and portion of this chapter irrespective of the fact that one
or more sections, subsections, subdivisions, paragraphs, sentences,
clauses, phrases or portions thereof may be declared invalid or unconstitutional.
To this end, the provisions of this chapter are declared severable.
(Ord. 2014-08)