In this Article, the following terms have the following meanings:
Director means the Director of the Department of Finance.
Carryout bag means a paper or plastic bag provided by a retail establishment to a customer at the point of sale, pickup, or delivery to carry purchased items. Carryout bag does not include:
(1) a bag provided by a pharmacist that contains a prescription drug;
(2) any newspaper bag or bag intended for initial use as a dry cleaning, garbage, pet waste, or yard waste bag;
(3) a bag provided at the point of sale at a seasonal event, such as a farmers market, street fair, or yard sale, or by an occasional retailer;
(4) a paper bag that a restaurant gives a customer to take prepared or leftover food or drink from the restaurant; or
(5) a bag used to package a bulk item or to contain or wrap a perishable item.
Occasional retailer means a retail establishment that engages in the retail sale of goods no more than 6 days in any calendar year.
Restaurant means any lunchroom, café, or other establishment located in a permanent building for the accommodation of the public, equipped with a kitchen containing facilities and utensils for preparing and serving meals to the public, and outfitted with a public dining area. A restaurant does not include any area of a supermarket, department store, or other retail establishment beyond the kitchen and public dining area.
Retail establishment means any person engaged in the retail sale of goods. Retail establishment includes any supermarket, convenience store, shop, service station, or restaurant, and any other sales outlet where a customer can buy goods. (2011 L.M.C., ch. 6, § 1; 2016 L.M.C., ch. 7, § 2.)