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Home My WebLink About1147 Amending Plastic Bag Ordinance to Include Restaurants and Department Stores I ORDINANCE NO. 1147 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ' CHAPTER 9, DIVISION 5 OF THE UKIAH CITY TO SUBJECT TAKE OUT RESTAURANTS AND TAKE-OUT DEPARTMENTS IN STORES TO THE REQUIREMENTS OF THE CHAPTER The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE 'i Sections 4514, 4515 and 4516 in Chapter 9 entitled: "DISPOSABLE BAG REDUCTION," are hereby amended to read as follows: i Article 1: DEFINITIONS - 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. §4514. Definitions i Customer: Any person obtaining goods from a Store. I Effective Date: The date this ordinance first becomes effective, not the date it first applies to a class of Stores pursuant to Section 3516. Prepared Food: Foods or beverages which are prepared on the premises by cooking, i 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: A restaurant, take-out food establishment, a take-out food department in a Store or any other business that receives 90% or more of its revenue from the sale of Prepared Food and beverages, including alcoholic beverages, to be eaten on or off its premises. I Postconsumer Recycled Content: A material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Postconsumer Recycled Content does not include materials and byproducts generated from, and commonly reused ' within, an original manufacturing and fabrication process. Recycled-Content Paper Bag: A paper carryout bag provided by a Store to a Customer at the point of purchase that meets all of the following requirements: A. Contains a minimum of 40 percent Postconsumer Recycled Content, except a 350 cubic inch or smaller recycled-content paper bag shall contain a minimum of 20 percent Postconsumer Recycled Content. B. Is accepted for recycling in the curbside waste collection program of the City. C. Has printed on the bag the name of the manufacturer and the minimum percentage of Postconsumer Recycled Content. 1 ' J i Reusable Grocery Bag: A bag with handles that is specifically designed and manufactured for I multiple reuse, and which has been certified by the manufacturer not to contain lead or cadmium, or any other heavy metal in toxic amounts as established by the United States Pharmacopeia Convention (USP), and is either: A. Made of cloth or other machine washable fabric, or B. Made of durable plastic that is at least 2.25 mils thick and is specifically designed and manufactured to carry a minimum of 22 pounds for at least 125 times over a distance of at least 175 feet. Single-Use Carryout Bag: A bag made of plastic, paper, or other material that is provided by a Store to a Customer at the point of purchase and that is not a Reusable Carryout Bag. A Single-Use Carryout Bag does not include (1) a bag provided by a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Cal. Business and Professions Code to a Customer purchasing a prescription medication; (2) a bag used by Customers before the point of purchase to (a) package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; (b) contain or wrap frozen foods, meat, or fish, whether prepackaged or not; (c) contain or wrap flowers, potted plants, or other items where dampness may be a problem; (d) contain unwrapped prepared foods or bakery goods; or (e) separate or protect individual items prior to placing them in a carryout bag; or (3) a newspaper bag, door-hanger bag, laundry-cleaning bag, or bag sold in a multiple package of bags intended for use as garbage, pet waste, or yard waste bags. Store: A retail establishment that routinely provides carryout bags to Customers at the point of sale for items purchased there and which sells perishable or nonperishable goods. Article 2: CARRYOUT BAG REGULATIONS. §4515. Carryout Bag Regulations A. A Store shall not provide a Single-Use Carryout Bag to a Customer at the point of purchase, except as provided in this section. B. Stores are prohibited from using Plastic Single-Use Carryout Bags. C. A Store shall make Reusable Grocery Bags available for purchase by a Customer. D. A Store may provide Reusable Grocery Bags to customers at no cost, until 18 months after the effective date of this ordinance or six months after the store is required to comply with the ordinance, whichever is later, only when combined with a time-limited store promotional program to promote the use of Reusable Grocery Bags. E. A Store may provide to a Customer a Recycled-Content Paper Bag or a Reusable Grocery Bag upon request but store, other than a Public Eating Establishment, shall charge the Customer, except as provided in subdivision (F), an amount sufficient to recover the Store's full cost of providing the bag, but not less than 10 cents per bag. F. A Store will not be required to charge a customer for a Recycled-Content Paper Bag of I less than 250 cubic inches capacity. 2 i I � G. For any Recycled-Content Paper Bag or a Reusable Grocery Bag sold to a customer, the amount of the sale of the bag shall be separately itemized on the sales receipt. No store shall rebate or otherwise reimburse a Customer any portion of the charge required for a Recycled-Content Paper Bag. I Article 3: APPLICATION TO DIFFERENT CLASSES OF STORES ' §4516 —Application to Different Classes of Stores Different classes of Stores shall become subject to and obligated to comply with this Ordinance as follows: A. From and after one hundred and eighty (180) days from the Effective Date for: (1) A full-line, self-service retail Store with gross annual sales of three million dollars ($3,000,000) or more and which sells a line of dry grocery, canned goods, nonfood items and some perishable items; and (2) A Store with over 10,000 square feet of retail space that 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 Tax Code) and has a pharmacy licensed pursuant to Chapter 9 (commending with Section 4000) of Division 2 of the Business and Professions Code. B. From and after five hundred and forty-five (545) days from the Effective Date of this ordinance for all other Stores. C. The provisions of Chapter 9, Division 5 of the Ukiah City Code shall apply to Public Eating Establishments one hundred eighty (180) days after this Ordinance becomes effective. SECTION THREE 1. CEQA COMPLIANCE. The adoption of this Ordinance is categorically exempt from the provisions of the California Environmental Quality Act. I 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person � or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, , subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. i ' 3. EFFECTIVE DATE. The amendments contained in this Ordinance shall be published as ' required by law in a newspaper of general circulation in the City of Ukiah, and shail become � effective on the later of thirty (30) days after its adoption by the City Council or when an i ordinance amending Chapter 9.41 of Title 9 of the Mendocino County Code with the same substantive provisions as are contained in this ordinance becomes effective in Mendocino County. 3 I i Introduced by title only on March 19, 2014, 2014, by the following roll call vote: AYES: Councilmembers Scalmanini, Crane, Thomas, Landis, and Mayor Baldwin NOES: Nane ABSENT: None ABSTAIN: None Adopted on April 2, 2014, by the following roll call vote: AYES: Councilmembers Scalmanini, Crane, Thomas, and Vice Mayor Landis NOES: None ABSENT: Mayor Baldwin ABSTAIN: None � � /, � ./ �''��l � ��r n �CZ2'�at,L" Mary Ann Landis, Vice Mayor ATTEST: � l, � ?. / li. � �. '��..�GGI( /� c(- G1. � �. ,. K�istine Lawler, City Clerk I I II 4