HomeMy WebLinkAboutOrd 1291 - Single-use Carryout Plastic BagsOrdinance No. 1291
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: ADOPTION OF AN ORDINANCE TO CLARIFY THE DEFINITIONS
SECTION OF CHAPTER 5.12, SINGLE -USE CARRY OUT
PLASTIC BAGS, AMENDING THE DEFINITION OF GROCERY
STORES AND RETAIL ESTABLISHMENTS.
SUBMITTED BY: Tony Bagato, Principal Planner
DATE: September 24, 2015
CONTENTS: Ordinance No. 1291 , Chapter 5.12 Revisions
Recommendation
Waive further reading and pass Ordinance No. 1291 to second reading
approving an ordinance of the City of Palm Desert, California, amending
Chapter 5.12, Single -Use Carry Out Plastic Bags, of the Palm Desert
Municipal Code.
Discussion
On July 11, 2014, the City Council approved Ordinance No. 1273 establishing
regulations related to single -use plastic bags in Palm Desert. When the ordinance was
approved, the City modified the model ordinance prepared by the Coachella Valley
Association of Governments (CVAG) to exempt non -grocery retail stores from the
required 10 cent pass -through charge for paper bags.
This modification was made to the ordinance based on concerns that the City received
from retailers on El Paseo. To address the modification, the model ordinance was
reorganized and several definitions were modified to describe grocery stores separate
from non -grocery retail stores.
As of April 1, 2015, any store that is larger than 10,000 square feet or generates 2
million dollars in annual sales no longer provides single -use plastic bags. During the
past several months, staff has learned that the legal counsel for some non -grocery
store retailers believe their stores are classified as grocery stores because they sell
incidental food items. The current ordinance states that grocery stores must charge the
10 cent pass through cost; therefore, some non -grocery retailers are mistakenly
charging 10 cents per bag based on the current ordinance.
The proposed ordinance amendment is a cleanup ordinance that will modify the
Staff Report
Single -use Plastic Bag Cleanup
Page 2 of 2
September 24, 2015
definition of grocery stores and retail establishments (non -grocery) so that the
distinction is clearer. In addition, the definition of a retail establishment will be amended
to recognize that a retail store may have incidental food or beverage items for sale.
Fiscal Impact
There is no fiscal impact to the City associated with the proposed cleanup ordinance.
Submitted By:
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Tony Bagato, Pnncipal Planner
Department Head:
Lauri Aylaian, Director of Community Deve opment
U " I- � �'< � I
n M. Wohlmuth, City Manager
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Retail.docx
ORDINANCE NO. 1291
AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA,
APPROVING CERTAIN AMENDMENTS TO CHAPTER 5.12 OF THE
PALM DESERT MUNICIPAL CODE, SINGLE -USE CARRYOUT
PLASTIC BAGS
WHEREAS, on July 11, 2014, the City of Palm Desert City Council approved
Ordinance 1273 prohibiting single -use carryout plastic bags that are distributed by
grocery and retail establishments in the City each year, and
WHEREAS, the proposed ordinance amends two definitions of Ordinance 1273
to clarify that a retail establishment that sells incidental food items is not a grocery store
that is required to charge the 10 cent pass -through cost for paper bags.
NOW, THEREFORE, IT SHALL BE ORDAINED by the City Council of the City of
Palm Desert, California, that the following sections of the Palm Desert Municipal Code are
hereby amended as follows:
SECTION 1: 5.12.020 Definitions is hereby amended to read as follows:
C. "Grocery Store", not including Public Eating Establishments or Food
Banks, means any of the following establishments located within the city
limits of the City of Palm Desert:
(1) A full -line, self-service store that primarily sells groceries, fresh,
packaged, canned, dry, prepared or frozen food or beverage
products and similar items, or
(2) A drug store, pharmacy, supermarket, grocery store, convenience
food store, foodmart, or other entity engaged in the retail sale of a
limited line of goods that includes milk, bread, soda, and snack foods,
including those stores with a Type 20 or 21 license issued by the
Department of Alcoholic Beverage Control.
K. "Retail Establishment', not including Nonprofit Charitable Reusers, means
any of the following establishments located within the City limits of the City
of Palm Desert.
(1) A store that primarily sells any non-perishable goods including, but
not limited to clothing, or personal items, and 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); or
ORDINANCE NO. 1291
(2) Any person, including any corporation, partnership, business, facility,
vendor, organization or individual that sells or provides merchandise,
goods or materials, including without limitation, clothing, or personal
items of any kind directly to a customer.
(3) Retail Establishments may have incidental food items or beverages
sold as part of the retail store. If majority of the sales come from
sales of food or beverage items of any kind, then the business is
considered a Grocery Store.
SECTION 2: The City Clerk of the City of Palm Desert, California, shall certify to
the passage adoption of this Ordinance and shall cause the same to be published once in
the Desert Sun, a newspaper of general circulation, circulated within the City of Palm
Desert, and the same be in full force and effect thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 24 day of September ,
2015, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
Susan Marie Weber, Mayor
E