HomeMy WebLinkAboutORD 1291ORDINANCE 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 -Bums 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 Citv of Palm
Desert, California, at its regular meeting held on the 8th day ofoctober ,
2015, by the following vote, to wit:
AYES: HAIR, JONATHAN, SPIEGEL, TANNER, and WEBER
NOES: NONE
ABSENT: NoNE
ABSTAIN: NoNE
ATTEST:
RAC L 7KLASSE , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
to- tom. - "- n C S
Susan Marie Weber, Mayor
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