Delano Municipal Code Ch. 6.65 Reusable Bags

For the purpose of this chapter, the following definitions shall apply to the capitalized terms unless the context clearly indicates or requires a different meaning:

"Customer" means any person obtaining goods from a retail establishment.

"Post-consumer recycled content" means material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Post-consumer recycled content does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.

"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.

"Recycled content paper bag" means a 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 establishment that contains no old growth fiber and a minimum of forty percent post-consumer recycled content and is one hundred percent recyclable.

Retail Establishment, Large. "Large retail establishment" means any commercial establishment, which is ten thousand square feet or larger, that sells perishable or nonperishable goods including, but directly to the customer; and is located within or doing business within the geographical limits of the City of Delano. "Large retail establishment" does not include a restaurant, take-out-food establishment, 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.

Retail Establishment, Small. "Small retail establishment" means any commercial establishment, which is ten thousand square feet or smaller, that sells perishable or nonperishable goods including, but directly to the customer; and is located within or doing business within the geographical limits of the City of Delano. "Small retail establishment" does not include a restaurant, take-out-food establishment, 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.

"Reusable bag" means either a bag made of cloth or other machine washable fabric that has handles, or a durable plastic bag with handles that is at least 2.25 mil thick and is specifically designed and manufactured for multiple reuse.

"Single-use carryout bag" means a bag with handles, other than a reusable bag, provided at the check stand, cash register, point of sale or other point of departure, including departments within a store, for the purpose of transporting food or merchandise out of the establishment. "Single-use carryout bags" do not include bags which form part of a product' s packaging or bags without handles provided to the customer, including but not limited to bags provided:

1. To transport prepared food, produce, bulk items such as loose beads or small hardware items, bulk food or meat from a department within a store to the point of sale;

2. To protect large format artwork, tires or dry-cleaning;

3. To hold prescription medication dispensed from a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the California Business and Professions Code; or

4. 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.

(Ord. No. 2014-1271, § 1(Exh. A), 9-2-2014)

A. No large retail establishment 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 section.

B. On or after the date of implementation, a large retail establishment may make available for sale to a customer a recycled content paper bag or a reusable bag for a minimum price of ten cents. No large retail establishment shall provide a customer with a credit, rebate, or refund of this charge. The collection of sales tax on such sales shall comply with state law and any direction provided by the State Board of Equalization.

C. No large retail establishment may make available for sale a recycled content paper bag or reusable bag unless the price of the recycled paper bag and reusable bag is separately itemized on the sales receipt.

D. A large retail establishment may provide a reusable bag at no charge if it is distributed as part of an infrequent and limited time promotion. No such promotion or series of promotions offered by a retail establishment shall exceed a total of ninety days in any consecutive twelve-month period.

E. Small retail establishments may choose voluntarily to implement the any of the regulations as listed within this section, if they so choose.

F. Nothing in this chapter prohibits customers from using bags of any type that they bring to a retail establishment themselves or from carrying away goods that are not placed in a bag at point of sale, in lieu of using bags provided by the establishment.

(Ord. No. 2014-1271, § 1(Exh. A), 9-2-2014)

The community development director, or his or her designee, may in his or her sole discretion exempt a retail establishment from the provisions of Section 6.65.020 of this chapter for a period of up to twelve months from the implementation date of this chapter upon the retail establishment furnishing written evidence that the enforcement of such provisions would create an undue hardship or practical difficulty not generally applicable to other retail establishments in similar circumstances. The community development director or his or her designee's decision shall be final.

(Ord. No. 2014-1271, § 1(Exh. A), 9-2-2014)

This chapter may be enforced by any legal means available to the city, including but not limited to Chapter 1.08 of the Municipal Code.

(Ord. No. 2014-1271, § 1(Exh. A), 9-2-2014)