[Ord. 1653, 5-15-2014]
(A) 
The City Council of the City of Indio finds and determines that the City is committed to protecting the public health, safety, welfare, and environment, and that in order to meet these goals, it is necessary for the City to promote the public purposes served by this Chapter and adopt the following regulations pursuant to these findings.
(B) 
The City finds that ordinances limiting the use of Single-Use Carryout Plastic Bags have been proven to reduce the amount of pollution and improve quality of life for the citizens of Indio.
(C) 
The City finds that, except in unusual circumstances, it is feasible and reasonable for parties who provide Single-Use Carryout Plastic Bags to easily transition to paper bags and move to a model that charges for paper bag use by consumers.
(D) 
The City of Indio recognizes that Single-Use Carryout Plastic Bags are a public nuisance and affect public health and impact tourism and quality of life to both residents and visitors.
[Ord. 1653, 5-15-2014]
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CUSTOMER
Any Person obtaining goods from a Store.
OPERATOR
The Person in control of, or having the responsibility for, the operation of a Store, which may include, but not be limited to, the owner of the Store.
PERSON
Any natural person, firm, corporation, partnership, or other organization or group however organized.
PHARMACY
Any retail store, 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.
PREPARED FOOD
Foods or beverages which are prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. Prepared Food does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed, or mixed.
PRODUCE BAG or PRODUCT BAG
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.
RECYCLED PAPER BAG
A paper bag provided to the Customer at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment that contains no old growth fiber and a minimum of forty percent (40%) post-consumer recycled content; is one hundred percent (100%) recyclable; and has printed in a highly visible manner on the outside of the bag the words "Reusable" and "Recyclable," the name and location of the manufacturer, and the percentage of post-consumer recycled content. The Recycled Paper Bag is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Material (ASTM) Standard Specification for Compostable Plastics D6400, as published in September 2004.
REUSABLE BAG
A bag that has handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: (1) is machine washable or is made of material that can be cleaned or disinfected; (2) has a minimum lifetime of one hundred twenty-five (125) uses, which for purposes of this subsection, means the capability of carrying a minimum of twenty-two (22) pounds one hundred twenty-five (125) times over a distance of at least one hundred seventy-five (175) feet; (3) if made of a plastic, it must be at least two and one-quarter (2.25) millimeter thick; (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.
SINGLE-USE CARRYOUT PLASTIC BAG
A bag other than a Reusable Bag provided to the Customer at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the Store. Single-Use Carryout Plastic Bags do not include bags without handles provided to the Customer (1) to transport produce, bulk food, or meat from a produce, bulk food, or meat department within a Store to the point of sale; (2) to hold prescription medication dispensed from a Pharmacy; or (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a Reusable Bag or Recycled Paper Bag.
STORE
Any of the following retail establishments located within the City limits of the City of Indio:
(1) 
A retail store with gross annual sales of two million dollars ($2,000,000), or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items;
(2) 
A store of at least 10,000 square feet of retail space that sells any perishable or non-perishable goods including, but not limited to clothing, food, or personal items, and 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); 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; or
(4) 
A store of less than 10,000 square feet of retail space that sells any perishable or non-perishable goods including, but not limited to, clothing, food, or personal items, and 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).
[Ord. 1653, 5-15-2014]
No Store shall provide to any Customer a Single-Use Carryout Plastic Bag. This prohibition applies to bags provided for the purpose of carrying away goods from the point of sale and does not apply to Produce Bags or Product Bags.
[Ord. 1653, 5-15-2014]
All Stores shall provide or make available to a Customer only Recyclable Paper 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. 1653, 5-15-2014]
(A) 
No Person shall distribute a Single-Use Carryout Plastic Bag at any City facility, City-managed concession, City-sponsored event, or City-permitted event unless otherwise provided in this Section.
(B) 
Single-Use Carryout Plastic Bags may be distributed to Customers by food providers for the purpose of safeguarding health and safety during the transportation of Prepared Foods and liquids intended for consumption away from the food provider's premises (i.e. take-out food).
(C) 
A Store shall make Recycled Paper Bags available to Customers for a minimum charge of ten cents ($.10) per bag. The sale of each bag shall be separately itemized on the sale receipt.
(D) 
All Stores must keep records of the total number of Recycled Paper Bags provided, the total amount of monies collected for providing Recycled Paper Bags, and a summary of any efforts a Store has undertaken to promote the use of Reusable Bags by Customers in the prior calendar year. Such records must be made available to the City Manager or his/her designee, to review at any time. These records may be kept at the retailer's corporate office.
[Ord. 1653, 5-15-2014]
A Store may 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 Section 2 of Division 106 of the 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 one (1) or more Recycled Paper Bags or Reusable Bags at no cost.
[Ord. 1653, 5-15-2014]
This Chapter shall become operative six (6) months after its effective date for Stores defined in §§ 103.02(J)(1) and 103.02(J)(2). This Chapter shall become operative twelve (12) months after its effective date for Stores defined in §§ 103.02(J)(3) and 103.02(J)(4).
[Ord. 1653, 5-15-2014]
(A) 
Any violation of this Chapter may be enforced by the City by criminal prosecution, civil action, administrative action or any other means authorized by law.
(B) 
Violations of this Chapter may, in the discretion of the City Prosecutor, be prosecuted as infractions or misdemeanors.
(C) 
The remedies provided in this Chapter are cumulative and in addition to any other remedies available by law or in equity. The City Attorney, City Prosecutor or duly authorized Enforcement Officer may pursue any other right and remedy permitted by the City's municipal code, including but limited to commencement of any civil action, the issuance of administrative fines and fees, or administrative action to abate as a public nuisance pursuant to Chapter 95A of this code.