All owners or retailers shall comply with the requirements of this section.
(a) Cart identification required. Every owner/retailer of carts shall mark or cause each cart to be marked and identified as set forth in Section 3.76.030.
(b) Daily cart retrieval. All owners/retailers shall ensure that all carts are secured from public access after close of business hours.
(c) Abandoned Cart Prevention Plan. Every owner/retailer providing carts to its customers shall develop and implement a specific plan to prevent customers from removing carts from the business premises, and if removed, to retrieve the cart within 48 hours of the removal or notice of removal. The plan shall be submitted to the Director on a renewable annual basis in conjunction with the business license application and shall contain the following elements:
(1) The name of the owner/retailer and the business name, the physical address where the business is conducted and the phone number and email address of the onsite owner/retailer.
(2) A complete list of all carts maintained on the premises by the owner/retailer.
(3) Evidence that written notification is provided to customers that removal of carts from the business
premises is prohibited and is a violation of state and local law. This notification may be provided in the form of fliers, warnings on shopping bags, or any other signage that will effectively inform customers of the law.
(4) At least one physical containment system, including but not limited to, a disabling device on all carts, posting a security guard to prevent customers from removing carts from the business premises, or requiring a security deposit for use of all carts.
(5) A plan for retrieval of abandoned carts, and plans for recovery of all abandoned carts within 48 hours.
(d) At the time of submission of the Abandoned Cart Prevention Plan, the owner/retailer shall pay a fee for the review. The Director shall approve or deny the plan within 45 days of its submission. The plan may be denied on the grounds that it fails to include the elements required under this section or the plan is inadequate or insufficient to fulfill those required elements. Any decision of the Director may be appealed in accordance with Chapter 1.12 of the city's Code.
(e) The Abandoned Cart Prevention Plan shall be submitted to the city within 90 days of the effective date of this chapter, and annually with the business license application thereafter. In the event the owner/retailer's business license expires prior to 90 days from the effective date of this chapter, the owner/retailer shall submit the plan with its business license renewal application. Those affected business establishments opening after the effective date of this chapter shall submit the plan concurrently with the business license application. (Ord. 938 § 2 (part), 2016)