For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASTM STANDARD. The American Society for Testing and Materials (ASTM) International D-6400.
CARRYOUT BAG. Any bag that is provided by a retail establishment at the point of sale to a customer for use to transport or carry away purchases, such as merchandise, goods, or food, from the retail establishment. CARRYOUT BAG does not include:
(1) Bags used by consumers inside retail establishments 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 packaged 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) Pharmacy prescription bags.
(2) Laundry dry cleaning bags or bags sold in packages containing multiple bags intended to be used for home food storage, garbage waste, pet waste, or yard waste; and
(3) Product bags.
CITY SPONSORED EVENT. Any event organized or sponsored by the city or any department of the city.
CUSTOMER. Any person obtaining goods from a retail establishment or from a vendor.
FOOD PROVIDER. Any person in the city that provides prepared food for public consumption on or off its premises and includes, without limitation, any retail establishment, shop, sales outlet, restaurant, grocery store, delicatessen, or catering truck or vehicle.
GROCERY STORE. Any retail establishment that sells groceries, fresh, packaged, canned, dry, prepared, or frozen food or beverage products and similar items and includes supermarkets, convenience stores, and gasoline stations.
PHARMACY. A retail use where the profession of pharmacy by a pharmacist licensed by the state’s Board of Pharmacy is practiced and where prescription medications are offered for sale.
PRODUCT OR PRODUCE BAG. Any bag without handles provided to a customer for use within a retail establishment to assist in the collection or transport of products to the point of sale within the retail establishment. A PRODUCT OR PRODUCE BAG is not a carryout bag.
RECYCLABLE PAPER BAG. A paper bag that meets all of the following requirements:
(1) Is 100% recyclable and contains a minimum of 40% post-consumer recycled content; and
(2) Is capable of composting consistent with the timeline and specifications of the ASTM Standard D6400, as defined in this section.
RETAIL ESTABLISHMENT. Any store or vendor located within or doing business within the geographical limits of the city that sells or offers for sale goods at retail.
REUSABLE BAG. A bag made of cloth or other material with handles that is specifically designed and manufactured for long-term multiple reuses and meets all of the following requirements:
(1) If cloth, is machine washable;
(2) If plastic, has a minimum plastic thickness of 4.0 mils; and
(3) Does not contain lead, cadmium, or any other heavy metal in toxic amounts as defined by applicable state and federal standards and regulations for packaging or reusable bags.
SINGLE-USE PLASTIC CARRYOUT BAG. Any plastic carryout bag made predominately of plastic, either petroleum or biologically based, and made available by a retail establishment to a customer at the point of sale. It includes compostable and biodegradable bags but does not include reusable bags, recyclable paper bags, or product or produce bags.
UNDUE HARDSHIP. Circumstances or situations unique to the particular retail establishment such that there are no reasonable alternatives to single-use plastic carryout bags or a recyclable paper bag pass-through cannot be collected.
VENDOR. Any retail establishment, shop, restaurant, sales outlet, or other commercial establishment located within or doing business within the geographical limits of the city that provides perishable or nonperishable goods for sale to the public.
(Ord. 2016-12, passed 6-13-2016)