For purposes of this chapter, the following definitions shall apply:
CUSTOMER. Refers to any person purchasing goods from a store.
OLD GROWTH FORESTS. Refers to forests having the following characteristics:
(1) They are largely naturally regenerated;
(2) Less than 30% of the stand/forest area has been logged or cleared within the past century;
(3) They are relatively undisturbed such that human activities have not significantly altered native forest structure, composition or function;
(4) They are dominated by native tree species;
(5) They are relatively unmanaged although they may suffer from a history of fire suppression or grazing; and
(6) They are composed of individual or stands of trees of varying ages, with old growth components constituting at least half of the stand or forest unit, and having at least four trees per acre over 150 years of age.
OPERATOR. Refers to the person in control of, or having the responsibility for, the operation of the store, which may include, but is not limited to, the owner of the store.
PERSON. Refers to any natural person, firm, corporation, partnership, or other organization or group however organized.
PLASTIC CARRYOUT BAG. Refers to any bag made predominately of plastic derived from either petroleum or a biologically-based source, such as corn or other plant sources, which is provided to the customer at the point of sale. PLASTIC CARRYOUT BAG includes compostable and biodegradable bags, but does not include reusable bags, produce bags, or product bags.
POSTCONSUMER RECYCLED MATERIAL refers to a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. POSTCONSUMER RECYCLED MATERIAL does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.
PRODUCE BAG or PRODUCT BAG. Refer to any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items.
RECYCLABLE. Refers to material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. RECYCLING does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.
RECYCLABLE PAPER CARRYOUT BAG. Refers to a paper bag that meets all of the following requirements:
(1) Contains no old growth forest fiber;
(2) Is 100% recyclable overall and contains a minimum of 40% post-consumer recycled material;
(3) Is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard D6400;
(4) Is accepted for recycling in curbside programs in the city;
(5) Has printed on the bag the name of the manufacturer, the location (country) where the bag was manufactured, and the percentage of postconsumer recycled material used; and
(6) Displays the word “Recyclable” in a highly visible manner on the outside of the bag.
REUSABLE BAG. Refers to a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements:
(1) Has a minimum lifetime of 125 uses, which for purposes of this division, refers to the capability of carrying a minimum of 22 pounds over a distance of at least 175 feet;
(2) Has a minimum volume of 15 liters;
(3) Is machine washable or made from a material that can be cleaned or disinfected;
(4) Does not contain lead, cadmium, or any other heavy metal in toxic amounts as defined by applicable state and federal standards for packaging or reusable bags;
(5) Names the manufacturer, location (country) of where the bag is manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and states the percentage of postconsumer recycled material used if any, printed on the bag or tag permanently affixed to the bag; and,
(6) If made of plastic, is a minimum of at least 2.25 mils thick.
STORE. Refers to any of the following retail establishments located within the city:
(1) A full-line, self-service retail store with gross annual sales of $2,000,000, or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items;
(2) A store of at least 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law [Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code] and that has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code;
(3) A drug store, pharmacy, supermarket, grocery store, convenience food store, food mart, or other entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control; or
(4) A retail store with gross annual sales of less than $2,000,000 that sells a line of dry grocery, canned goods, or nonfood items, and some perishable items.
(Ord. 2014-05 § 3 (part), 2014)