This section is adopted to improve the environment of the town by requiring the use of reusable checkout bags and recyclable paper carryout bags and food containers, banning the use of single-use plastic bags for retail checkout of purchased goods, use of polystyrene food containers, polystyrene cups and plastic straws. Further, to improve and maintain the pristine beach and ocean environment of the town, single-use plastic bags, plastic straws, polystyrene coolers and polystyrene food containers and cups will be prohibited in the CD and RC-1 Zoning Districts.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires otherwise.
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 as a food establishment or food provider.
CARRYOUT BAG. A bag provided by a business establishment to a customer typically at the point of sale for the purpose of transporting purchases.
CUSTOMER. A person who purchases merchandise from a business establishment.
DISPOSABLE FOOD SERVICE WARE. Interchangeable with to go packaging and food packaging material. Includes, but is not limited to: all containers, clamshells, bowls, plates, trays, cartons, cups, straws, stirrers, napkins and other items designed for onetime use associated with prepared foods, including without limitation, service ware for takeout foods and/or leftovers from partially consumed meals prepared by food providers.
POLYSTYRENE/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.
REUSABLE CARRYOUT BAG. A carryout bag that is specifically designed and manufactured for multiple reuse, and meets the following criteria:
(a) Displays in a highly visible manner on the bag exterior, language describing the bag’s ability to be reused and recycled;
(b) Has a handle, except that handles are not required for carryout bags constructed out of recyclable paper with a height of less than 14 inches and width of less than eight inches; and
(c) Is constructed out of any of the following materials:
1. Cloth, other washable fabric, or other durable materials whether woven or non-woven;
2. Recyclable plastic, with a minimum thickness of 2.25 mils; or
3. Recyclable paper.
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. SINGLE-USE PLASTIC CARRYOUT BAG includes compostable and biodegradable bags but does not include reusable carryout bags.
TOWN OF SULLIVAN’S ISLAND FACILITY (HEREAFTER “TOWN”). Any building, structure, vehicle or property owned and operated or leased by the town, its agents, agencies, departments or lessee.
(B) Regulations.
(1) No business establishment may provide single-use plastic carryout bags or polystyrene products at any town facility, town-sponsored event, or any event held on town property or on any town property;
(2) No business establishment within the town may provide single-use carryout bags to its customers;
(3) Food providers within the town shall not provide food in any disposable food service ware that contains polystyrene/plastic foam. All food establishments within the town shall use recyclable or compostable products;
(4) Food providers within the town shall not use plastic straws;
(5) A business establishment within the town limits may provide or sell reusable carryout bags to its customers or any person. Subject to hours of operation and applicable regulations regarding the use of public property, including those pertaining to solicitation and commercial activities on public property, a person may provide or sell reusable carryout bags at any town facility, town-sponsored event, or any event held on town property; and
(6) All single-use carry out plastic bags, plastic straws and polystyrene/plastic foam products such as but not limited to cups, bowls, plates, trays, clamshell containers, meat trays, egg cartons, coolers, ice chests, are expressly prohibited from use on in the RC-1 Zoning District commonly known as the beach or on any other town-owned properties.
(C) Exceptions.
(1) Products made from polystyrene/plastic foam which is wholly encapsulated or encased by a more durable material are exempt from the provisions of this section. Examples include surfboards, boats, life preservers, and craft supplies which are wholly encapsulated or encased by a more durable material, and durable coolers not principally composed of polystyrene/plastic foam;
(2) Construction products made from polystyrene/plastic foam are exempted from this section if the products are used in compliance with town code and used in a manner preventing polystyrene/plastic foam from being released into the environment;
(3) In an emergency situation and for the immediate preservation of the public peace, health or safety, town facilities business establishments, food vendors, contractors and other vendors doing business with and in the town shall be exempt from the provisions of this section;
(4) Laundry dry cleaning bags, ice bags, door-hanger bags, newspaper bags, or packages of multiple bags intended for use as garbage, pet waste, or yard waste, although the town encourages the use of recyclable or compostable products throughout;
(5) Bags provided by physicians, dentists, pharmacists, veterinarians or other health care providers to contain prescription drugs or other medical necessities;
(6) Bags used by a customer inside a business establishment to:
(a) Contain or wrap frozen foods, meat, or fish, whether or not prepackaged;
(b) Contain or wrap flowers, potted plants or other items to prevent moisture damage to other purchases; or
(c) Contain unwrapped prepared foods or bakery goods.
(7) Bags used by a non-profit corporation or other hunger relief charity to distribute food, grocery products, clothing, or other household items;
(8) Bags of any type that the customer brings to the store for their own use for carrying away from the store goods that are not placed in a bag provided by the store;
(9) Plastic drink lids and cutlery are exempt from the provisions of this section; and
(10) Plastic straws are permitted for individuals with special needs.
(D) Requests for exemption.
(1) Town Council may exempt a food establishment or food provider from the requirement set forth in this section for up to a one-year period upon the provider showing, in writing, that this section would create an undue hardship or practical difficulty not generally applicable to other business establishments or persons in similar circumstances.
(2) Exemptions to allow for the provision of single-use carry out bags or disposable food service ware may be granted by Town Council if the business establishment or food provider can demonstrate in writing a public health and safety requirement, medical necessity or that the product will not damage the environment of the town.
(3) Town Council may approve the exemption application in whole or in part, with or without conditions.
(Ord. 2018-06, passed 11-20-2018)