Chapter 8.62
USE OF SINGLE-USE CARRYOUT BAGS, RECYCLED PAPER BAGS, AND REUSABLE BAGS BY RETAIL ESTABLISHMENTS
Sections:
8.62.010 Purpose and findings.
8.62.050 Recordkeeping and inspection.
8.62.010 Purpose and findings.
A. The purpose of this chapter is to ban thin-film plastic single-use carryout bags and prohibit the free distribution of paper bags or reusable bags by certain types of retail establishments in the city of Seaside in order to reduce litter and protect the natural resources of Seaside.
B. Pursuant to Article XI, Section 7 of the California Constitution, the city of Seaside may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety and welfare of its citizens.
C. The use of single-use carryout bags by consumers at retail establishments is detrimental to the environment, public health and welfare.
D. The manufacture and distribution of single-use carryout bags requires utilization of natural resources and results in the generation of greenhouse gas emissions.
E. Single-use carryout bags contribute to environmental problems, including litter in storm drains, creeks, the Monterey Bay, and the ocean.
F. Single-use carryout bags provided by retail establishments impose unseen costs on consumers, local governments, the state and taxpayers and constitute a public nuisance.
G. Prohibiting retail establishments from using plastic single-use carryout bags and requiring a fee for paper bags reduces litter and benefits the environment by encouraging customers to use reusable bags.
H. This city council does, accordingly, find and declare that it should restrict single-use carryout bags and require a fee for recycled paper bags and reusable bags. (Ord. 1017 § 1, 2014)
8.62.020 Applicability.
This chapter applies in the city of Seaside city limits. (Ord. 1017 § 1, 2014)
8.62.030 Definitions.
Unless otherwise expressly stated, whenever used in this chapter, the following terms shall have the meanings set forth below:
“City” means the city of Seaside.
“Code enforcement officer” means the deputy city manager-resource services management or his/her designee.
“Customer” means any person obtaining goods from a retail establishment.
“Effective date” means the effective date of the ordinance enacting this chapter.
“Garment bag” means a travel bag made of pliable, durable material with or without a handle, designed to hang straight or fold double and used to carry suits, dresses, coats, or the like without crushing or wrinkling the same.
“Itinerant vendor” is defined as a takeout food establishment that receives ninety percent or more of its revenue from the sale of prepared food, which is prepared within a mobile vehicle and/or mobile cart, to be eaten off its premises.
“Mils” is the thickness of a material measured in increments of one-thousandth of an inch.
“Nonprofit charitable reuser” is defined as a charitable organization which is tax-exempt under Section 501(c)(3) of the Internal Revenue Code, 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. Nonprofit charitable reusers are not considered retail establishments for the purpose of this chapter.
“Person” means any individual, sole proprietorship, firm, association, organization, partnership (whether limited or general), corporation, limited liability corporation, political subdivision, government agency, municipality, industry, public or private corporation, trust, joint venture, regulatory authority, or any other entity.
“Prepared food” means 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.
“Public eating establishment” is defined as a restaurant, takeout food establishment, or any other business that receives ninety percent or more of its revenue from the sale of prepared food, which is prepared on the premises and/or within a mobile vehicle, to be eaten on or off its premises. The term “public eating establishments” would also apply to an itinerant food vendor operating in compliance with a valid business license at both a permanent location approved under a use permit, at a mobile location within the city of Seaside, or at a special event. Public eating establishments are not considered retail establishments for the purpose of this chapter.
“Recycled paper bag” is defined as a bag that contains no old growth fiber and a minimum of forty percent post-consumer recycled content, is one hundred percent 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.
“Retail establishment” 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 that is located within or doing business within the city of Seaside. The term “retail establishment” includes farmers’ markets and special events. The term “retail establishment” does not include public eating establishments, nonprofit charitable reusers, and wholesale agricultural produce packing and shipping businesses.
“Reusable bag” is defined as a bag with handles that is specifically designed and manufactured to be reused at least one hundred twenty-five times and that is either (1) made of cloth or other washable fabric, or (2) made of durable, recyclable material that is at least four mils thick that can be cleaned or disinfected at least one hundred twenty-five times. A “reusable bag” may be made of recyclable plastic such as high density polyethylene (HDPE), low density polyethylene (LDPE), or polypropylene.
“Single-use carryout bag” is defined as a bag, other than a reusable bag or recycled paper bag, provided 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 retail establishment. Single-use carryout bags do not include bags, a maximum of eleven inches by seventeen inches, without handles provided to the customer for the following purposes: (1) to transport produce, bulk food or meat from a product, bulk food or meat department within a store to the point of sale; (2) to transport produce or other bulk food items to the point of sale at a farmers’ market or special event; (3) to hold prescription medication dispensed from a pharmacy; (4) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a bag; or (5) a garment bag regardless of size.
“Special event” is defined as an art and craft exhibit, carnival, circus, concert, fair, farmers’ market, festival, flea market, food event, open-air sale, outdoor entertainment/sporting event, religious revival, rummage sale, secondhand sale, sidewalk sale, swap meet, and other special events, for up to five consecutive days, or four two-day weekends, within a twelve-month period, on private, nonresidentially zoned property. (Ord. 1017 § 1, 2014)
8.62.040 Regulations.
A. No retail establishment that sells perishable or nonperishable goods, including, but not limited to, clothing, food, and personal items directly to the customer, shall provide a single-use carryout bag to a 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, except as provided in this chapter.
B. To allow retail establishments an opportunity to make necessary arrangements for compliance and to use remaining stocks of plastic single-use carryout bags, retail establishments shall have twelve months from the effective date to comply with the regulations of this chapter. During this period, it shall be the policy of the city to encourage voluntary adherence to the requirements of this chapter.
C. Twelve months from the effective date and thereafter, a retail establishment may make recycled paper bags or reusable bags available to customers only if the retail establishment charges a minimum charge of ten cents. Only recycled paper bags and reusable bags as defined in this chapter may be made available for purchase.
D. No earlier than eighteen months from the effective date, the city council of the city of Seaside may establish a higher minimum charge for a recycled paper bag and reusable bag up to twenty-five cents by amendment of this chapter by resolution.
E. Notwithstanding this chapter, when a recycled paper bag or a reusable bag is distributed to the customer, the amount of the sale of the recycled paper bag or reusable bag shall be separately itemized on the sales receipt.
F. These regulations do not apply to public eating establishments as defined herein.
G. Notwithstanding any other provision of this chapter, a retail establishment may provide one or more recycled paper bags or reusable bags at no cost to the following individuals: a customer participating in the California Special Supplement 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; 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; and a customer participating in CalFresh pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code. (Ord. 1017 § 1, 2014)
8.62.050 Recordkeeping and inspection.
All retail establishments shall keep complete and accurate records or documents of the purchase and sale of any recycled paper bag by the retail establishment. Such records shall be kept for a minimum period of one year from the date of purchase and sale, and such records shall be available for inspection by the city at no cost to the city during regular business hours. Unless the city and retail establishment mutually agree upon an alternative location or method of review, the records or documents shall be available at the retail establishment address. The provision of false information, including but not limited to incomplete records or documents to the city, shall be a violation of this chapter. (Ord. 1017 § 1, 2014)
8.62.060 Enforcement.
A. The designated code enforcement official shall be primarily responsible for implementation and enforcement of this chapter. The code enforcement official is authorized to establish guidelines and procedures to implement this chapter and to take such action as may be necessary, including inspection of retail establishments, to monitor compliance with this chapter.
B. In the event of a violation of this chapter or any requirement imposed pursuant to this chapter, the city may in its discretion, in addition to all other remedies, take such enforcement action as is authorized under the Seaside Municipal Code and any other action authorized by law.
C. If the city elects to utilize the administrative procedures set forth in Chapter 2.56 SMC to enforce this chapter, the “enforcement officer” shall serve as the enforcement official within the meaning of Chapter 2.56 SMC. (Ord. 1017 § 1, 2014)