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(a) A dealer shall not refuse to accept from any person any empty nonreusable beverage containers marked pursuant to section 6A-5 of this chapter of the kind, size and brand of beverage sold by the dealer, or refuse to pay in cash to the consumer the refund value of a nonreusable beverage container established pursuant to section 6A-3 of this chapter if the empty nonreusable beverage container is presented at the location at which the dealer sells or offers for sale such beverages in nonreusable beverage containers to consumers; provided that for the purposes of this section "dealer" shall not include persons selling beverages to consumers for on-premises consumption.
(b) A distributor shall not refuse to accept from a dealer any empty nonreusable beverage container, marked pursuant to section 6A-5 of this chapter, of a kind, size and brand of beverage sold by the distributor, or refuse to pay in cash to the dealer the refund value of a nonreusable beverage container as established pursuant to section 6A-3 of this chapter, if the empty nonreusable beverage containers are presented at the time and location of any delivery of filled nonreusable beverage containers by the distributor to the dealer. (1976 L.M.C., ch. 23, § 1; 1978 L.M.C., ch. 13, § 1; 1979 L.M.C., ch. 7, § 1; 1980 L.M.C., ch. 16, § 1; 1981 L.M.C., ch. 23, § 1; 1982 L.M.C., ch. 23, § 1.)
No distributor or dealer shall sell or offer for sale in Montgomery County a beverage in a nonreusable container that does not clearly indicate in a securely affixed manner the following information:
(a) The nonreusable beverage container is to be sold within the Greater Washington area; and
(b) The refund value of the nonreusable beverage container is not less than the minimum amount specified in section 6A-3 of this chapter. (1976 L.M.C., ch. 23, § 1; 1978 L.M.C., ch. 13, § 1; 1979 L.M.C., ch. 7, § 1; 1980 L.M.C., ch. 16, § 1; 1981 L.M.C., ch. 23, § 1; 1982 L.M.C., ch. 23, § 1.)
Beginning January 1, 1979, no distributor or dealer shall sell or offer for sale in the county any metal nonreusable beverage container so designed and constructed that a metal part of the container is completely detachable from the container without the aid of a can opener, other than screw tops and bottle caps. (1976 L.M.C., ch. 23, § 1; 1978 L.M.C., ch. 13, § 1; 1979 L.M.C., ch. 7, § 1; 1981 L.M.C., ch. 23, § 1; 1982 L.M.C., ch. 23, § 1.)
Any violation of the provisions of this chapter shall be punished as a class C violation as set forth in section 1-19 of chapter 1 of the County Code. Each day a violation of the provisions of this chapter continues to exist shall constitute a separate offense. (1976 L.M.C., ch. 23, § 1; 1981 L.M.C., ch. 23, § 1; 1983 L.M.C., ch. 22, § 10.)
The county executive is hereby requested to investigate throughout the Greater Washington area and jurisdictions adjacent to and within Montgomery County the progress in developing and passing legislation similar to this law, and evaluations of the effectiveness of any such beverage container legislation and the beverage industry recycling program, and to report to the council annually in April on such progress, and actions he has taken or proposes to take to ensure regional and state-wide legislation of a similar nature. (1976 L.M.C., ch. 23, § 1; 1978 L.M.C., ch. 13, § 1; 1979 L.M.C., ch. 7, § 1; 1980 L.M.C., ch. 16, § 1; 1981 L.M.C., ch. 23, § 1; 1982 L.M.C., ch. 23, § 1.)
Sections 6A-3, 6A-4 and 6A-5 of this chapter may not be enforced and shall be of no effect until at least six (6) months after the county council has adopted a resolution declaring that a sufficient number of surrounding jurisdictions have enacted substantially similar legislation and specifying an effective date for their enforcement. (1982 L.M.C., ch. 23, § 1).