For purposes of this article, the following definitions shall
apply:
means any commercial establishment that sells perishable
or nonperishable goods including, but not limited to, clothing, food,
and personal items directly to the customer; and is located within
or doing business within the geographical limits of the City of Davis.
Retail establishment does not include nonprofit charitable reuse organizations
but includes restaurants, take-out food establishments, or any other
business that receives ninety percent or more of its revenue from
the sale of prepared food to be eaten on or off its premises.
means a park, building or other facility located on city
property or operated by the city.
means a charitable organization as defined in Section 501c3
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 and receives more than fifty percent of
its revenues from the handling and sale of those donated goods or
materials.
means the cost which must be collected by an applicable business
from their customers when providing a recycled paper bag.
means frozen foods, refrigerated foods, breads, and fresh
produce. Perishable food does not include items found in vending machines.
means a material that would otherwise be destined for solid
waste disposal, having completed its intended end use and product
lifecycle. Postconsumer material does not include materials and byproducts
generated from, and commonly reused within, an original manufacturing
and fabrication process.
means a paper carryout bag provided by an applicable business
to a customer at the point of sale that meets all of the following
applicable requirements:
Except as otherwise provided in this section, the paper carryout
bag contains a minimum of forty percent postconsumer materials.
An eight pound-rated or smaller recycled paper bag shall contain
a minimum of twenty percent postconsumer material.
The paper carryout bag is accepted for curbside recycling in
the City of Davis.
The paper carryout bag is capable of composting, consistent
with the timeline and specifications of the American Society
of Testing and Materials (ASTM) Standard D6400, as published
in September 2004.
Printed on the paper carryout bag is the percentage of postconsumer
material content.
means a bag with handles that is specifically designed and
manufactured for multiple reuses and meets all of the following requirements:
Is machine washable or easily cleaned or disinfected.
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.
If made of plastic, is a minimum of at least 2.25 mils (thousandths
of an inch) thick.
Has a minimum lifetime of one hundred twenty-five uses, which
for purposes of this subdivision, 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.
means a bag other than a reusable bag provided at the check
stand, cash register, point of sale, or other location for the purpose
of transporting food or merchandise out of an applicable business.
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Single-use carryout bags do not include:
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(1)
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Bags used to:
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(A)
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Package loose bulk items, such as fruit, vegetables, nuts, grains,
candy, cookies, or small hardware items;
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(B)
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Contain or wrap frozen foods, meat, or fish, whether prepackaged
or not;
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(C)
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Contain or wrap flowers, potted plants, or other items where
damage to or contamination of other goods placed together in the same
bag may be a problem (includes paper bags to protect bottles, newspaper
bags, laundry dry-cleaning bags, plastic bags around ice cream or
other wet items, and small paper bags for greeting cards); or
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(D)
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Contain unwrapped prepared goods or bakery goods.
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(2)
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Bags provided by pharmacists to contain prescription drugs.
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(3)
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Newspaper bags, door-hanger bags, or laundry-dry cleaning bags.
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means any bag that is less than 2.25 mils (thousandths of
an inch) thick and is made predominately of plastic derived from petroleum
or from bio-based sources, such as corn or other plant sources, that
is provided by an applicable business or at a city facility to a customer
at the point of sale and that is not a reusable bag.
(Ord. 2422 § 2, 2013)
(a)
On and after July 1, 2014 an applicable business shall not provide
a single-use carryout bag to a customer at the point of sale, except
as provided in Sections 32.05.03 or 32.05.04.
(b)
An applicable business may make reusable bags available for purchase
by a customer and shall charge no less than ten cents for reusable
bags.
(c)
On and after July 1, 2014, an applicable business may provide reusable
bags to customers at no cost only when combined with a time-limited
store promotional program.
(d)
No person shall distribute a single-use plastic carryout bag at a
city sponsored, organized or permitted event at any city facility
unless otherwise permitted in this article or approved by the public
works director or designee.
(e)
Nothing in this article shall prohibit stores from encouraging and
providing incentives for the use of reusable bags through education
and through credits or rebates for customers that bring their own
carryout bags at the point of sale for the purpose of carrying away
goods.
(f)
Nothing in this article shall prohibit 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.
(Ord. 2422 § 2, 2013)
On and after July 1, 2014, except as provided in Section 32.05.04,
an applicable business 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.
(a)
The paper bag cost pass-through shall be no less than ten cents,
which has been determined to be the actual average cost for a retailer
to provide a recycled paper bag.
(b)
No applicable business collecting a paper bag cost pass-through pursuant
to this section shall rebate or otherwise reimburse a customer for
any portion of this pass-through.
(Ord. 2422 § 2, 2013)
An applicable business may provide a reusable bag or a recycled
paper bag at no cost at the point of sale: (1) to a customer who is
participating in the California Special Supplemental Food Program
for Women, Infants, and Children pursuant to Article 2 of Chapter
1 of Part 2 of Division 106 of the Health and Safety Code, or a customer
who is participating in the Supplemental Food Program pursuant to
Chapter 10 of Part 3 of Division 9 of the Welfare and Institutions
Code; or (2) to a customer of a restaurant or take-out food establishment
or other business that receives ninety percent or more of its revenue
from the sale of prepared food to be eaten on or off its premises
for take-out food.
(Ord. 2422 § 2, 2013; Ord. 2436 § 2, 2014)
Any applicable business violating this article shall be guilty
of an infraction and shall be subject to a fine in the amount of one
hundred dollars for the first violation, two hundred dollars for the
second violation, and five hundred dollars for the third and subsequent
violations occurring within a one-year period. An administrative citation
may be issued for any violation of this article pursuant to Davis
Municipal Code Chapter 1, Article 1.02.
(Ord. 2422 § 2, 2013; Ord. 2436 § 2, 2014)
The city may periodically contact applicable businesses to assess
the effectiveness of this article and to provide assistance for implementation
efforts. This may include periodic surveys, outreach meetings and/or
written communications with applicable businesses.
(Ord. 2422 § 2, 2013)
