5.154.020 Definitions.
As used in this chapter, the following definitions apply:
"City manager" means the city manager or designee.
"Customer" means any person purchasing goods from a store.
"Postconsumer recycled material" means material that is recycled after completing 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.
"Product bag" means a bag without handles, made of any material, and provided to a customer to:
1. Transport produce, bulk food, or meat from a produce, bulk food, or meat department within a store to the point of sale;
2. Hold a prescription medication dispensed from a pharmacy; or
3. Segregate food or merchandise that could be damaged, or that could damage or contaminate other food or merchandise, when placed together in one bag.
"Recyclable" means 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.
"Recycled paper bag" means a paper carryout bag that:
1. Is one hundred (100) percent recyclable;
2. Contains a minimum of forty (40) percent postconsumer recycled material;
3. Is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard D6400, as amended from time to time;
4. Displays the name of the manufacturer, the country where the bag was manufactured, and the percentage of postconsumer content the bag contains; and
5. Indicates that it is recyclable in a highly visible manner on the outside of the bag.
"Reusable bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements:
1. Is made of cloth, washable woven fabric, or other durable material that is at least 2.25 mils thick;
2. Is machine washable or capable of being cleaned and disinfected;
3. Is capable of carrying a minimum of twenty-two (22) pounds over a distance of at least one hundred seventy-five (175) feet, one hundred twenty-five (125) times;
4. Has a minimum volume capacity of fifteen (15) liters;
5. Does not contain lead, cadmium, or any other heavy metal in toxic amounts, as defined by applicable state and federal regulations for packaging or reusable bags; and
6. Has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer; the country where the bag was manufactured; a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts; and the percentage of postconsumer recycled materials used, if any.
"Single-use plastic bag" means any bag made of plastic derived from either petroleum or a biologically-based source, such as corn or other plant sources, which is provided to a customer at the point of sale. The term includes compostable and biodegradable bags. The term does not include reusable bags or product bags.
"Store" means any of the following retail establishments located within the city:
1. A supermarket, defined as a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), or more, and which sells a line of dry grocery, canned goods, or nonfood items and perishable items;
2. A store of at least ten thousand (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; or
3. A convenience food store, foodmart, or other entity that is engaged in the retail sale of a limited line of goods, including milk, bread, soda, and snack foods, and that holds a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control. (Ord. 2015-0035 § 1; Ord. 2015-0007 § 1)
