For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS ESTABLISHMENT. Any commercial enterprise that provides carryout bags to its customers, including sole proprietorships, joint ventures, partnerships, corporations, or any other legal entity, and includes all employees of the business and any independent contractors associated with the business. BUSINESS ESTABLISHMENT does not include sales of goods at yard sales, tag sales, other sales by residents at their homes, and sales by nonprofit organizations.
CARRYOUT BAG. A bag provided by a business establishment to a customer, typically at the point of sale, for the purpose of transporting purchases.
DOUBLE-OPENING PLASTIC BAGS. Any thin plastic bag with a double opening (top and bottom) to protect clothing or other items for transport.
PLASTIC BARRIER BAG. Any thin plastic bag with a single opening used to:
(1) Transport fruit, vegetables, nuts, grains, small hardware items, or other items selected by customers to the point of sale;
(2) Contain or wrap fresh or frozen foods, meat, or fish, whether prepackaged or not;
(3) Contain or wrap flowers, potted plants, or other items where damage to a good or contamination of other goods placed together in the same bag may be a problem; or
(4) Contain unwrapped prepared foods or bakery goods.
PLASTIC CARRYOUT BAG. Any plastic carry-out bag that is provided by a business establishment to a customer, typically at the point of sale, for the purpose of transporting purchases. PLASTIC CARRYOUT BAG does not include plastic barrier bags or double-opening plastic bags, as defined herein, or plastic bags measuring larger than 28 inches by 36 inches.
RECYCLABLE PAPER BAG. A paper bag that is fully recyclable overall and contains a minimum of 40% post-consumer recycled content and contains no old growth fiber. The bag should display the words "Reusable" and "Recyclable" or the universal recycling logo on the outside of the bag.
REUSABLE BAG . A bag with handles that is specifically designed and manufactured for multiple reuse and is made primarily of cloth or other nonwoven textile or durable plastic with a minimum thickness of four mils. Any straps must be stitched and not heat fused.
(Ord. 2017-7, passed 5-1-17; Am. Ord. 2017-15, passed 11-20-17)