Article IV — SINGLE-USE CARRY-OUT BAGS

The Town Council finds and determines that:

(a)

The use of single-use, carry-out bags by consumers at retail establishments is detrimental to the environment, public health, and welfare.

(b)

The manufacture and distribution of single-use, carry-out bags requires utilization of natural resources and results in the generation of greenhouse gas emissions.

(c)

Single-use, carry-out bags contribute to environmental problems, including litter in storm drains, creeks, the Bay, and the ocean.

(d)

Single-use, carry-out bags provided by retail establishments impose unseen costs on consumers, local governments, the state, and taxpayers, and constitute a public nuisance.

This Council does, accordingly, find and declare that it should restrict the free distribution of single-use, carry-out bags.

(Ord. No. 2219, § 1(Exh. A), 9-3-13)

[For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section.]

Customer means any person obtaining goods from a retail establishment.

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.

Nonprofit charitable reuser means a charitable organization, as defined in Section 501(c)(3) 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 (50) percent of its revenues from the handling and sale of those donated goods or materials.

Person means any natural person, firm, corporation, partnership, or other organization or group however organized.

Prepared food means foods or beverages which are prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which requires 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 means a restaurant, take-out food establishment, or any other business that receives ninety (90) percent or more of its revenue from the sale of prepared food to be eaten on or off its premises.

Recycled 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 (40) percent post-consumer recycled content; is one

(100) 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 consumer; and is located within or doing business within the geographical limits of the Town of Los Gatos. Retail establishment does not include public eating establishments or nonprofit charitable reusers.

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. A garment bag may meet the above criteria regardless of whether it has handles or not.

Single-use, carry-out bag means a bag other than a reusable bag provided at the check stand, cash register, point-of-sale, or other point of departure, including departments within a retail establishment, for the purpose of transporting food or merchandise out of the establishment. Single-use, carry-out bags do not include bags without handles provided to the customer: (1) to transport prepared food, produce, bulk food, or meat from a department within a retail establishment 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.

(Ord. No. 2219, § 1(Exh. A), 9-3-13)

This [article] shall be effected and implemented beginning on February 3, 2014.

(Ord. No. 2219, § 1(Exh. A), 9-3-13)

(a)

No person or 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 chapter 11, article IV.

(b)

On or before December 31, 2014, a retail establishment may only make recycled paper bags or reusable bags available to customers if the retailer charges a minimum of ten cents ($0.10) per bag.

(c)

Notwithstanding this section, no retail establishment may make available for sale a recycled paper bag unless the amount of the sale of such bag is separately itemized on the sale receipt.

(d)

A retail establishment may provide one (1) or more recycled paper bags at no cost to any of 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 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. No. 2219, § 1(Exh. A), 9-3-13; Ord. No. 2236, 12-16-14)

Every retail establishment shall keep a record or documents of the purchase and sale of any recycled paper bag or reusable bag by the retail establishment for a minimum period of three (3) years from the date of purchase and sale, which record shall be available for inspection at no cost to the Town during regular business hours by any Town employee authorized to enforce this part. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be available at the retail establishment address within the Town of Los Gatos. The provision of false information, including incomplete records or documents to the Town, shall be a violation of this chapter.

(Ord. No. 2219, § 1(Exh. A), 9-3-13)

The provisions of this [article] shall not apply in the following circumstances where:

(a)

A plastic or paper carryout bag with or without handles is provided by a public eating establishment to transport prepared food;

(b)

A plastic or paper bag with or without handles is provided by a nonprofit charitable reuser;

(c)

A plastic or paper bag without handles is provided to transport prepared food, produce, bulk food, or meat from a department within a retail establishment to the point of sale;

(d)

A plastic or paper bag without handles is provided to hold prescription medication dispensed from a pharmacy;

(e)

A plastic or paper bag without handles is used to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled bag;

(f)

A garment bag or garment cover used to protect and transport clothing or other textiles.

(Ord. No. 2219, § 1(Exh. A), 9-3-13)

(a)

The Town Manager, or the Town Manager's designee, has primary responsibility for enforcement of this [article]. The Town Manager is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this [article], including, but not limited to, investigating violations, issuing fines, and entering the premises of any retail establishment during business hours.

(b)

If the Town Manager or the Town Manager's designee determines that a violation of this [article] has occurred, the Town Manager or the Town Manager's designee will issue a written warning notice to the operator of a retail establishment that a violation has occurred and the potential penalties that will apply for future violations.

(c)

Any retail establishment that violates or fails to comply with any of the requirements of this [article] after a written warning notice has been issued for that violation shall be guilty of an infraction.

(d)

If a retail establishment has subsequent violations of this [article], the following penalties as contained in Resolution 2004-97, will be imposed and shall be payable by the operator of the retail establishment:

(1)

One hundred dollars ($100.00) for a first violation;

(2)

Two hundred dollars ($200.00) for a second violation within one (1) year;

(3)

Five hundred dollars ($500.00) for each additional violation within one (1) year.

(e)

Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the Town within thirty (30) days from the date of the administrative citation, as described in section 1.30.035 of this Code.

(Ord. No. 2219, § 1(Exh. A), 9-3-13; Ord. No. 2320, § III, 9-7-21)

If any section, subsection, sentence, clause, phrase or portion of this [article] is for any reason held invalid or unconstitutional, such portion shall be deemed separate, distinct and independent provision and such decision shall not affect the validity of the remaining portion thereof.

(Ord. No. 2219, § 1(Exh. A), 9-3-13)