The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“BUSINESS ESTABLISHMENT.” Any commercial enterprise that provides carry-out bags to its customers through its employees or independent contractors associated with the business. The term includes sole proprietorships, joint ventures, partnerships, corporations, or any other legal entity whether for profit or not for profit.
“CUSTOMER.” A person who purchases merchandise from a business establishment.
“REUSABLE CARRY-OUT BAG.” A carry-out bag that is specifically designed and manufactured for multiple reuse, and meets the following criteria:
(1) Displays in a highly visible manner on the bag exterior, language describing the bag's ability to be reused and recycled;
(2) Has a handle; except that handles are not required for carry-out bags constructed out of recyclable paper with a height of less than 14 inches and width of less than eight inches; and
(3) Is constructed out of any of the following materials:
(a) Cloth, other washable fabric, or other durable materials whether woven or non-woven;
(b) Recyclable plastic, with a minimum thickness of 2.25 mils; or
(c) Recyclable paper.
“SINGLE-USE PLASTIC CARRY-OUT BAG.” A bag provided by a business establishment to a customer typically at the point of sale for the purpose of transporting purchases, which is made predominantly of plastic derived from either petroleum or a biologically-based source. “SINGLE-USE PLASTIC CARRY-OUT BAG” includes compostable and biodegradable bags but does not include any reusable carry-out bags.
(Ord. 2019-008, passed 3-26-19)