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 carryout 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.
SINGLE-USE PLASTIC CARRYOUT 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 carryout bag” includes compostable and biodegradable bags but does not include reusable carryout bags.
REUSABLE CARRYOUT BAG. A carryout 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 which is stitched and not heat-fused; except that handles are not required for carryout bags constructed out of recyclable paper with a height of less than 14 inches and width of less than eight inches;
(3) Is constructed out of any of the following materials:
(a) Cloth, other machine washable fabric, or other durable materials whether woven or non-woven; or
(b) Plastic film with a minimum thickness of four mils and capable of being cleaned and disinfected; and
(4) Has a minimum lifetime of 125 uses, which for purposes of this section means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet.
CUSTOMER. A person who purchases merchandise from a business establishment.
EXPANDED POLYSTYRENE COOLER, SINGLE USE CONTAINER, OR CUP ALSO KNOWN AS STYROFOAM™. Any cooler/ice chest, single-use container, or cup made of polystyrene foam, where such foam is not fully encased in a durable material.
(Ord. 29-16, passed 9-13-16; Am. Ord. 015-24, passed 6-11-24)