§ 53.01  DEFINITIONS.
   Unless otherwise expressly stated, whenever used in this chapter the following terms shall have the meanings set forth below:
   AFFORDABLE. Means that a compostable or recyclable product may cost up to 15% more than the purchase cost of the non-compostable or nonrecyclable alternative(s) and not be regarded, on balance, as exorbitant, overpriced, unreasonable or invaluable.
   ASTM STANDARD.  Meeting the standards of the American Society for Testing and Materials (ASTM) International Standards D6400 or D6868 for compostable plastics, as those standards may be amended.
   BUSINESS ESTABLISHMENT. Any commercial enterprise that provides carryout bags to its customers through its employees or independent contractors associated with the business. The term includes sole proprietorships, joint ventures, partnerships, corporations, or any other legal entity whether for profit or not for profit. This term is inclusive of any store or business which sells or offers goods or merchandise, located or operating within the town, including those referenced in FOOD OR GROCERY ESTABLISHMENT and FOOD PROVIDER.
   COMPOSTABLE. All the materials in the product or package, when composted in an industrial or municipal compost operation, will break down, or otherwise become part of, usable compost (e.g. soil-conditioning material, mulch) in a safe and timely manner. Compostable food service ware must meet ASTM-Standards for compostability and any bio-plastic or plastic-like product must be clearly labeled, preferably with a colorsymbol, to allow proper identification such that the collector and processor can easily distinguish the ASTM standard compostable plastic from non-ASTM standard compostable plastic. Compostable products are considered compostable under this section only if a business establishment or food or grocery establishment using the products is composting them with an industrial or municipal compost operation.
   DISPOSABLE FOOD SERVICE WARE.  Interchangeable with TO GO packaging and FOOD PACKAGING MATERIAL and includes, but is not limited to: all containers, clamshells, bowls, plates, trays, cartons, cups, straws, stirrers, napkins and other items designed for one-time use associated with prepared foods, including without limitation, service ware for takeout foods and/or leftovers from partially consumed meals prepared by food providers.
   EVENTS PROMOTER. An applicant for any event permit issued by the town or any town employee(s) responsible for any town-organized event.
   FOOD OR GROCERY ESTABLISHMENT. All sales outlets, stores, shops, vehicles or other places of business located within the town which operate to sell or convey foods, or beverages, which foods or beverages are predominantly contained, wrapped or held in or on packaging. FOOD ESTABLISHMENT shall include, but not be limited to, any place where food is prepared, mixed, cooked, baked, smoked, preserved, bottled, packaged, handled, stored, manufactured and sold or offered for sale, including, but not limited to, any fixed or mobile restaurant, drive-in, convenience store, coffee shop, cafeteria, short-order cafe, delicatessen, luncheonette, grill, sandwich shop, soda fountain, hotel, motel, movie house, theatre, bed and breakfast inn, tavern, bar, cocktail lounge, nightclub, roadside stand, takeout prepared food place, industrial feeding establishment, catering kitchen, mobile food preparation unit, commissary, event, grocery store, public food market, produce stand, food stand, or similar place in or at which food or drink is prepared for sale, or for service, on the premises or elsewhere, and any other establishment or operation where food is processed, prepared, stored, served, sold, or provided for the public and any organization, group or individual which provides food as part of its service.
   FOOD PROVIDER. Any vendor, business, organization, entity, group, or individual, including food establishments, as defined herein, located in the town that offers food or beverage to the public.
   PERSON. An individual, business, event promoter, trust, firm, joint stock company, corporation, non-profit, including a government corporation, partnership, or association.
   POLYSTERENE/PLASTIC FOAM. Blown expanded and extruded polystyrene (sometimes called Styrofoam™) or other plastic foams which are processed by any number of techniques including, but not limited to, fusion of monomer spheres (expanded bead plastic), injection molding, foam molding, and extrusion-blown molding (extruded foam plastic). Polystyrene and other plastic foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, egg cartons, coolers, ice chests, shipping boxes, packing peanuts, and beach or pool toys. The term POLYSTYRENE also includes clear or solid polystyrene which is known as ORIENTED POLYSTYRENE.
   POLYSTYRENE/PLASTIC FOAM PRODUCTS. Any item such as coolers, ice chests, cups, bowls, plates, clamshells, shipping boxes, containers, cutlery, or any other merchandise containing polystyrene/plastic foam that is not wholly encapsulated or encased by a more durable material.
   PREPARED FOOD. Food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared within the town. PREPARED FOOD does not include raw, butchered meats, fish and/or poultry sold from a butcher case or similar food establishment.
   RECYCLABLE. Any material that is accepted by the town recycling program or the Charleston County recycling program, including, but not limited to, paper, glass, aluminum, cardboard and plastic bottles, jars and tubs. This also means any approved alternative products which are accepted by the county recycling centers.
   REUSABLE CARRYOUT BAG.  A carryout bag that is specifically designed and manufactured for multiple reuse, and meets the following criteria:
      (1)   Displays, in a highly visible manner on the bag exterior, language describing the bag's ability to be reused and recycled;
      (2)   Has a handle;
      (3)   Is constructed out of any of the following materials:
         (a)   Cloth, other washable fabric, or other durable materials, whether woven or non-woven;
         (b)   Recyclable plastic, with a minimum thickness of 4 mils; and
         (c)   Has a minimum lifetime of 125 uses, which for purposes of this section means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet.
   SINGLE-USE PLASTIC CARRYOUT BAG. A bag provided by a business establishment to a customer typically at the point of sale for the purpose of transporting purchases, which is made predominantly of plastic derived from either petroleum or a biologically-based source.
   TOWN OF MOUNT PLEASANT CONTRACTOR. Any person or entity that has a contract with the town for work or improvement to be performed, for a franchise, concession, for grant monies, goods and services, or supplies to be purchased at the expense of the town, or to be paid out of monies deposited in the treasury or out of trust monies under the control or collected by the town.
   TOWN OF MOUNT PLEASANT FACILITY. Any building, structure or vehicle owned and operated by the town, its agents, agencies, and departments.
(Ord. 18024, passed 4-16-18; Am. Ord. 19017, passed 4-9-19)