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For the purposes of this chapter:
(a) “Commissioner” shall mean the Commissioner of the Department of Business Affairs and Consumer Protection of the City.
(b) “Consumer” shall mean any person who purchases a product from a store that is placed in a plastic bag at the time of sale.
(c) “Department” shall mean the City's Department of Business Affairs and Consumer Protection.
(d) “Film plastic” shall mean uncontaminated and unsoiled non-rigid film plastic packaging products composed of plastic resins that include, but are not limited to, newspaper bags, dry cleaning bags and shrink wrap.
(e) “Food service establishment” shall mean any establishment where the primary business is providing food for individual portion service directly to the consumer, whether consumption of such food occurs on or off the premises or such service is provided in a premises or from a pushcart, stand or vehicle.
(f) “Manufacturer” shall mean every person, firm or corporation that: (1) produces plastic carryout bags that are sold or distributed within the City of Chicago; or (2) imports plastic carryout bags into the United States that are sold or distributed within the City of Chicago.
(g) “Operator” shall mean a person, firm or corporation that owns or is in control of, or has responsibility for, the daily operation of a store.
(h) “Plastic carryout bags” shall mean a plastic bag provided by a store to a consumer at the point of sale that is not a reusable bag.
(i) “Reusable bag” shall mean: (1) a bag made of cloth or other machine washable fabric that has handles; or (2) a durable plastic bag, with handles, that is at least 1.15 mils thick and is specifically designed and manufactured for multiple reuse.
(j) “Store” shall mean a retail or wholesale establishment, other than a food service establishment, where twenty-five percent (25%) or more of gross sales include prescription or non-prescription medicines and/or any cooked or uncooked article of food, drink, confection or condiment used for or intended to be used for human consumption off the premises, is stored, sold, prepared, cooked or offered for sale at retail such as candy manufacturers, confectioneries, fish markets, fruit and vegetable markets, grocery stores, convenience stores, meat markets, nut stores, dressed poultry markets or retail bakeries, bakery outlets or any similar place and provides plastic carryout bags to consumers in which to place these products.
(Added Coun. J. 5-14-08, p. 27153, § 2; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)