Davis Municipal Code Art. 32.02 Redemption Value: Wine and Spirit Cooler Containers

For the purpose of this article, the following terms shall be defined as follows:

City

means all that territory within the corporate limits of the City of Davis, State of California.

City manager

means the city manager of Davis or designee.

Consumer

means every person who, for his or her use or consumption, purchases wine cooler or spirit cooler in a container from a dealer in the city.

Container

means any sealed device, however denominated, made of glass, metal, plastic, or other material or any combination of materials, which directly holds or contains wine cooler or spirit cooler. "Container" does not include cups or other similar open or loosely sealed receptacles.

Dealer

means any person who engages in the sale to a consumer of wine cooler or spirit cooler in a container or containers in the city.

Empty

as used herein to describe a container, means a container which is all of the following:

(1)

Has the original seal or closure broken or removed;

(2)

Does not contain foreign materials other than the residue of wine cooler or spirit cooler originally packaged in the container;

(3)

Bears the refund value marking pursuant to Section 32.02.020(c) herein; and

(4)

Is not broken, crushed, or dismembered.

Distributor

means any person who engages in the sale of wine cooler or spirit cooler in a container or containers to a dealer in the city. "Distributor" includes any person who imports or otherwise transports wine cooler or spirit cooler in containers from outside the city for sale to a dealer in the city.

Person

means any individual person or group of individual persons, or partnership, association, corporation or any other entity of any type whatsoever.

Place of business

as used herein with respect to a dealer, means the location at which a dealer sells, or offers for sale, wine cooler or spirit cooler in a container or containers. "Place of business" as used herein with respect to a distributor, means any location from which said distributor directly transports wine cooler or spirit cooler in containers to any dealer, if said location is within the State of California.

Sale (or sold or sell)

means any commercial transaction (other than by vending machine) by any dealer in which wine cooler or spirit cooler in a container or containers is transferred to a consumer for a monetary consideration for the purpose of off-premises consumption, or any commercial transaction by which a distributor transfers wine cooler or spirit cooler in a container or containers to a dealer for a monetary consideration for the purpose of sale by the dealer for off-premises consumption.

Spirit cooler

means a liquid intended for human consumption containing distilled spirits to which is added concentrated or unconcentrated juice or flavoring material and containing not more than eight percent alcohol by volume.

Vending machine

means any mechanical device which, upon insertion of coins, sells or dispenses wine cooler or spirit cooler in containers.

Wine cooler

means a liquid intended for human consumption containing wine to which is added concentrated or unconcentrated juice or flavoring material and containing not more than seven percent alcohol by volume.

(Ord. 1441 § 1)

(a) Every wine cooler or spirit cooler container sold or offered for sale by a distributor to a dealer for sale by the dealer within the city shall have a refund value of not less than five cents for redemption by a dealer from the distributor.

(b) It shall be unlawful for a distributor to knowingly sell or offer to sell a wine cooler or spirit cooler container to a dealer for sale by the dealer within the city and for a dealer to purchase such a container for such purposes from a distributor unless the distributor charges and the dealer agrees to pay a refund value of not less than five cents.

(c) Every wine cooler or spirit cooler container sold or offered for sale by a dealer within the city shall clearly indicate by embossing or by a stamp or label or other method, securely affixed to the container by the distributor, that the container has a refund value.

(d) It shall be unlawful for a distributor to knowingly sell or offer to sell a wine cooler or spirit cooler container to a dealer for sale by the dealer within the city and for a dealer to purchase such a container for such purposes or to store or offer to sell such a container for such purposes unless the container is embossed, stamped or labeled with, or by other method indicates the message required by subsection (c) of this section.

(Ord. 1441 § 1)

(a) Every wine cooler or spirit cooler container sold or offered for sale by a dealer within the city shall have a refund value of not less than five cents for redemption by a consumer from the dealer.

(b) It shall be unlawful for a dealer to sell or offer to sell a wine cooler or spirit cooler container within the city unless the dealer charges a refund value of not less than five cents.

(Ord. 1441 § 1)

(a) It shall be unlawful for a distributor to refuse to accept from a dealer any empty wine cooler or spirit cooler container which has been marked in the manner prescribed by Section 32.02.020(c), of the kind, size and brand sold by the distributor, or to refuse to pay to the dealer a refund value for such container of not less than five cents.

(b) It shall be unlawful for a distributor to refuse to accept from a consumer any empty wine cooler or spirit cooler container which has been marked in the manner prescribed by Section 32.02.020(c) herein, of the kind, size and brand sold by the distributor when the container has been delivered by the consumer to the distributor's place of business, or to refuse to pay to the consumer for such container a refund value of not less than five cents.

(Ord. 1441 § 1)

It shall be unlawful for a dealer who sells wine cooler or spirit cooler in containers to refuse to redeem a wine cooler or spirit cooler container from a consumer or refuse to pay a refund value for the container of not less than five cents to the consumer, when the request for redemption is made at the dealer's place of business within the city and the container is embossed, stamped or labeled with, or by other method indicates a message that the container has a refund value, unless either:

(a) The container is not empty; or

(b) The container contained a brand or type of wine cooler or spirit cooler which the dealer is not offering for sale at the time redemption is requested and has not offered for sale for a period of at least ninety days.

(Ord. 1441 § 1)

The city manager or the manager's designee is authorized to enter the business premises during business hours of any dealer engaged in the sale of wine cooler or spirit cooler in containers in the city for the sole purpose of inspecting said premises and determining whether the dealer is in compliance with this article.

(Ord. 1441 § 1)

Any dealer or distributor found in violation of any provision of this article shall be guilty of a misdemeanor and shall be punished by a fine not exceeding three hundred dollars. For purposes of this article, each day of a continuing violation shall constitute a separate offense.

(Ord. 1441 § 1)