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Home My WebLink AboutOrd 1271 - Single-use Plastic Bags National List of Local Plastic Bag Ordinances: Alaska Bethel City officials voted in July 2009 to ban plastic bags and takeout containers. The ban went into effect in September 2010. Fairbanks In September 2009, Fairbanks adopted a 5 cent price requirement on plastic bags. This was rescinded one month later. Homer In August 2012, Homer adopted a plastic bag ban. Effective January 1, 2013. A voter initiative to repeal the ban passed by a narrow margin in October 2013. Hooper Bay The plastic bag ban in Hooper Bay went into effect in August 2010. Arizona Bisbee In September 2013, the City of Bisbee banned plastic bags and placed a five cent charge per paper bag in all stores. Effective April 22, 2014. Prior to this, in December 2012 the city had piloted a voluntary bag reduction period. California Alameda County and City, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, and Union City The Alameda County Waste Management Authority (StopWaste.org) adopted its ordinance banning plastic bags and placing a 10 cent price requirement on paper and reusable bags in January of 2012. It went into effect on January 1, 2013 in unincorporated Alameda County as well as its 14 incorporated cities. Arcata The City Council adopted a plastic bag ban with a ten cent charge per paper bag. The ban goes into effect in all retail stores February 1, 2014, with the charge going into effect August 1, 2014. Belmont Belmont adopted the Reusable Bag Ordinance in January of 2013. All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 4/22/13. Brisbane The City adopted the San Mateo County's Reusable Bag Ordinance on March 18, 2013. All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 4/22/13. �0 �S Nd EZ bdd til 1 Burlingame Burlingame adopted the San Mateo County's Reusable Bag Ordinance on March 18, 2013. All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 4/22/13. Calabasas The Calabasas City Council unanimously adopted a plastic bag ban with a minimum ten cent price requirement on paper bags in February 2011. Campbell The City adopted the San Mateo County's Reusable Bag Ordinance on July 16, 2013. All retail stores wi{I be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 1/27/14. Capitola In January 2013, the city adopted a plastic bag ban with a 25 cent charge on paper bags in all retail stores. Effective April 2013. Carmel-by-the-Sea Carmel adopted a plastic bag ban in all retail stores on July 3, 2012. It went into effect on February 3, 2013. Carpinteria Carpinteria adopted the first double bag ban in California on March 12, 2012. Starting in July 2012, large retailers as specified are prohibited from distributing single-use paper and plastic bags. Starting in April 2013, plastic bags banned in all other retail stores. Colma Colma Town Council adopted a Reusable Bag Ordinance on January 9, 2013. All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 4/22/13. Culver City On May 28, 2013, Culver City adopted a plastic bag ban and ten cent charge on paper bags in grocery, drug, and convenience stores. Effective 12/28/13. Cupertino Cupertino adopted a Reusable Bag Ordinance on March 5, 2013. All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 10/1/13. Dafy City The City adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or reusables) in January 2013. Operative 4/22/13. Dana Point The City of Dana Point adopted a ban on single-use plastic bags from all retail stores within city limits on March 6, 2012. Effective in larger stores April 1, 2013, and all other stores October 1, 2013. Davis The Council adopted a plastic bag ban on November 12, 2013. Paper and reusable bags would be available for a small charge. Effective in all stores and restaurants on July 1, 2014. Dese�t Hot Springs Council adopted a plastic bag ban with ten cent paper bag charge on March 18, 2014. Effective in supe�market and drug sto.res by mid September 2014, and in all other stores six months later. . , . . .. . 2 East Palo Alto On April 2, 2013, the City of East Palo Alto adopted the San Mateo County's Reusable Bag Ordinance (ban on plastic bags and charge on paper or reusable bags in all retail stores). Effective October 2, 2013. EI Cerrito On September 17, 2013, the City Council adopted a plastic bag ban with charge on paper/reusable bags in all retail stores. Effective January 1, 2014. Fairfax Fairfax adopted its ban on plastic bags August 2007. After a legal challenge by the plastic industry, Fairfax voters overwhelmingly adopted a plastic bag ban by initiative in November 2008. Fort Bragg Fort Bragg banned plastic bags and required a 10 cent paper bag charge in all retail stores. The ordinance was adopted May 14, 2012. Effective in large stores December 10, 2012, expanding to all other stores December 2013. Foster City Foster City adopted a Reusable Bag Ordinance on January 7, 2013. All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 4/22/13. Glendale The City of Glendale adopted a bag ordinance in January of 2013. Similar to LA County's ordinance, it bans plastic bags and places a 10 cent charge on paper bags. Effective in larger stores and farmer's markets starting 7/1/13 and expanded to other covered stores 1/1/14. Half Moon Bay Half Moon Bay adopted a Reusable Bag Ordinance on March 5, 2013. All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 4/22/13. Huntington Beach Huntington Beach adopted a plastic bag ban with a 10 cent charge per paper bag on April 1, 2013. Applies to all grocery, drug, and convenience stores starting November 1, 2013. Laguna Beach In February 2012, the Laguna Beach City Council unanimously adopted a plastic bag ban in all retail stores. Grocery stores, pharmacies, and convenience/liquor stores must include a 10 cent minimum price requirement on paper bags distributed. Effective 1/1/13. Long Beach On May 17, 2011, the City of Long Beach passed a bag ordinance with a 5-0 vote. It banned single-use plastic bags and placed a 10 cent minimum price requirement on paper bags. The ordinance went into effect in larger stores starting in August 2011, and expanded to others stores in 2012. Los Altos The City adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or reusables) in March 2013. Operative 7/4/13. Los Angeles City In June 2013, the LA City Council adopted a bag ordinance banning single-use plastic bags and placing a 10 cent charge on paper bags. Effective for large supermarkets in January 2014, and expanded to drug stores, convenience stores, and other supermarkets in July 2014. 3 Los Angeles County Los Angeles County banned plastic bags and placed a 10 cent minimum price requirement on recycled paper bags in November 2010. It was first effective in July 2011, and expanded to all other stores in January 2012 throughout unincorporated County areas. Los Gatos In September 2013, the Los Gatos Town Council adopted a ban ordinance based on the San Mateo County ordinance (ban on plastic bags, initial 10 cent charge per paper or reusable bags in all retail stores). Effective 2/3/14. Malibu The Malibu City Council voted to ban plastic bags in May 2008. Manhattan Beach The Manhattan Beach City Council voted to ban plastic bags in July 2008. The CA Supreme Court overturned a legal challenge to the ordinance in July 2011 and the bag ordinance went into effect six months later.The council modified the ordinance in 2012 and again in 2014. Marin County Marin County Board of Supervisors voted unanimously in favor of an ordinance restricting the free distribution of single-use bags in January 2011, effective January 2012. Unincorporated County only. Mendocino County The County Board of Supervisors adopted a plastic bag ban with a ten cent paper bag charge on June 12, 2012. Effective in large stores in January 2013, and all other retailers in January 2014. Amendments to expand the ordinance to restaurants was adopted February 25, 2014, effective August 12, 2014. Unincorporated County areas only. Menlo Park Menlo Park adopted the Reusable Bag Ordinance (San Mateo County Ordinance) on January 22, 2013. All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 4/22/13. Mill Valley The City adopted a bag ordinance on October 21, 2013. Plastic bag ban with five cent charge on paper/reusable bags in grocery, convenience, and drug stores. Millbrae On February 14, 2012, the Millbrae City Council adopted a plastic bag ban with a 10 cent requirement on paper bags. The ordinance goes into effect on September 1, 2012 in all retail establishments, except for restaurants, non-profits, and dry-cleaners. Monterey The Monterey City Council unanimously passed an ordinance on December 6, 2011. The ordinance bans plastic bags and places an initial 10 cent minimum price requirement on paper bags for the first year (25 cents after). Mountain View In December 2012, the City of Mountain View adopted a Reusable Bag Ordinance (San Mateo County Ordinance). Ban on plastic bags and charge on paper/reusable bags in all retail stores. Effective 4/22/13. Novato The City Council adopted a plastic bag ban and ten cent minimum charge per paper or reusable bag in March 2014. Effective in grocery, convenience, and drug stores. 4 Ojai Ojai adopted a plastic bag ban on April 10, 2012. Grocery stores may distribute paper bags with 10 cent price requirement. Effective July 1, 2012 in all retail stores. Pacifica In December 2012, the City of Pacifica adopted a Reusable Bag Ordinance (San Mateo County Ordinance). Ban on plastic bags and charge on paper/reusable bags in all retail stores. Effective 4/22/13. Palm Springs Council adopted a plastic bag ban with ten cent paper bag charge on April 2, 2014. Effective in supermarket and drug stores by November 2014, and in all other stores by May 2015. Palo Alto In 2013, the Palo Alto City Council adopted an expansion of a 2009 ordinance to include all stores and restaurants under its plastic bag ban. Paper and reusable bags would be available with a minimum charge. Previously, the ordinance only applied to plastic bags at large supermarkets. Pasadena In November of 2011, the Pasadena City Council unanimously adopted a plastic bag ban with a 10 cent minimum price requirement on paper bags. Effective July 1, 2012 for large stores and supermarkets and December 2012 for convenience stores. Pittsburg On October 21, 2013, the Council adopted a bag ordinance, effective in all retail stores by 1/15/14. Plastic carryout bags are prohibited, and paper and reusable bags are allowed with a small charge. Portola Valley The Town adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or reusables)in January 2013. Effective 4/22/13. Redwood City The City adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or reusables) in March 2013. Operative 10/1/13. Richmond The City adopted the first bag ordinance in Contra Costa County on July 16, 2013. All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 1/1/14. San Bruno The City adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or reusables) in January 2013. Operative 4/22/13. San Carlos San Carlos adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or reusables) in March 2013. Operative 7/1/13. San Francisco San Francisco became the first city in the nation to adopt a ban on plastic shopping bags in April 2007. In February of 2012, the Board of Supervisors voted to expand the ordinance to more stores. San Jose San Jose City Council passed a ban on plastic bags in December 2010 in alt retail stores. It went into effect in January 2012. Paper bags sold at 10 cents each. 5 San Luis Obispo County and City, Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach The San Luis Obispo County Integrated Waste Management Authority adopted a plastic bag ban with a 10 cent minimum price requirement on paper bags in January of 2012. It went into effect on 10/1/12 in all seven incorporated cities as well as unincorporated areas of the county. San Mateo City The City adopted a Reusable Bag Ordinance on May 6, 2013. Effective June 6, 2013. Plastic bag ban with a 10 cent charge on paper and reusable bags(increasing to 25 cents on 1/1/2015). San Mateo County The Board of Supervisors adopted a Reusable Bag Ordinance on November 6, 2012. Effective 4/22/13 in unincorporated County areas. Plastic bag ban with a 10 cent charge on paper and reusable bags (increased to 25 cents on 1/112015). San Pablo The City adopted a plastic bag ban and 5 cent charge per paper or reusable bag (to increase to 10 cents after two years)on October 8, 2013. Effective 1/1/14 in all retail stores. San Rafael City council adopted a plastic bag ban with 10 cent charge per paper or reusable bag on 3/3/14. Effective in grocery, drug, and convenience stores starting 9/15/14. Santa Barbara City A plastic bag ban and ten cent paper bag charge was adopted on October 15, 2013. Effective in supermarkets and drugstores in mid April 2014, and in convenience stores by 10/15/14. Santa Clara County On April 26, 2011, the County Board of Supervisors voted in favor of a single-use bag ordinance. The ordinance bans single-use plastic bags and places a 15 cent minimum price requirement on single-use paper bags throughout unincorporated county areas. It became effective January 1, 2012. Santa Cruz City The City Council adopted a plastic bag ban and 10 cent pape� bag charge on July 24. Effective in all retail stores starting April 2013. Santa Cruz County On September 13, 2011, the County Board of Supervisors voted unanimously in favor of a single-use bag ordinance. It bans single-use plastic bags and places a 10 cent minimum price requirement on single-use paper bags throughout unincorporated county areas. Effective March 20, 2012. An expansion of the plastic bag ban to restaurants was adopted in October 2012 and went into effect April 22, 2013. Santa Monica The Santa Monica City Council unanimously voted for a ban on single-use plastic bags and a cost pass- through requirement per recyclable paper bag in January 2011. Sausalito The City Council adopted a plastic bag ban and ten cent minimum charge per paper or reusable bag in March 2014. Effective in grocery, convenience, and drug stores. Solana Beach On May 9, 2012, Solana Beach became the first city in San Diego County to adopt a plastic bag ban. Paper bags can be purchased for ten cents each under the ordinance. 6 Sonoma County Waste Management Agency (Sonoma City and County, Cloverdale, Cotati, Healdsburg, Petaluma, Rohnert Park, Sebastopol, Windsor) The Sonoma County Waste Management Agency adopted a plastic grocery bag ban on February 19, 2014. Effective in all retail stores starting September 1, 2014. Paper grocery bags may be purchased for ten cents each. South Lake Tahoe On October 15, 2013, the City Council adopted a plastic bag ban in all retaii stores and restaurants. First effective on 1/15/14, and effective in all stores by 10/15/14. South San Francisco In December 2012, the City of South San Francisco adopted a Reusable Bag Ordinance (San Mateo County Ordinance). Ban on plastic bags and charge on paper/reusable bags in all retail stores. Effective 4/22/13. Sunnyvale Sunnyvale passed a bag ordinance in December 2011. The ordinance bans single-use plastic bags and places a 10 cent minimum price requirement on paper bags and reusable bags which later increases. Starting June 20, 2012 it covers grocery and convenience stores and large retailers, and expands to cover all retailers by March 2013. Truckee The Town of Truckee adopted an ordinance banning single-use plastic bags on November 25, 2013. Effective in all retail stores June 1, 2014. Paper and reusable bags can be sold for ten cents each. Ukiah City Council adopted an ordinance on May 2, 2012 banning plastic bags and placing a 10 cent charge on paper bags in all retail stores. The ban is operative starting in large stores within six months of adoption. Walnut Creek In March of 2014, the Council adopted a plastic bag ban and 10 cent minimum paper bag charge in all retail stores and restaurants. Watsonville On May 8, 2012, Watsonville became the first city in Santa Cruz County to ban plastic bags in all retail stores. An initial 10 cent charge on paper bags mandated to increase to 25 cents after the first year. West Hollywood City Council adopted a plastic bag ban with 10 cent paper charge on August 20, 2012. Effective in large stores six months later, all other retail stores one year later. Colorado Aspen The city of Aspen banned plastic bags and placed a 20 cent charge on paper bags in October 2011. It is effective in May 2012 in the city's two grocery stores. Basalt The city of Basalt passed an ordinance placing a 20 cent charge on both single-use plastic and paper bags in September 2011. It would have been effective May 2012 in grocery stores but was narrowly overturned by a voter referendum in April 2012. Boulder A bag ordinance was adopted in November 2012, requiring grocery stores to charge ten cents per plastic or paper bag. Effective 7/1/13. 7 Carbondale The Carbondale Board of Trustees approved an ordinance in October 2011. Like Aspen's ordinance, it bans plastic bags and places a 20 cent charge on paper bags in grocery stores with 3,500 square feet or more. A referendum placed the ordinance on the ballot in April 2012 and voters in Cacbondale affirmed the Trustees'decision. Effective May 2012. Durango The Council adopted a single use bag ordinance in August 2013. Starting March 1, 2014, grocery stores would be required to charge 10 cents per single use bag. A voter initiative to repeal the ban passed by a small margin in November 2013. Telluride The town of Telluride, CO banned plastic bags in October 2010. The ban went into effect March 2011, with a 10 cent price requirement on paper bags. Connecticut Westport In September 2008, Westport became the first Connecticut city to ban plastic bags. District of Columbia Washington The District of Columbia Council voted June 2009 to require retailers to charge a $0.05 fee on all carryout bags. Hawaii Hawaii County The Big Island of Hawaii banned single-use plastic bags in January 2012. Honolulu County Honolulu banned plastic bags in May 2012. Effective July 1, 2012. Kauai County Kauai banned plastic bags in October 2009. The ordinance became effective on January 11, 2011. Maui County Maui banned plastic bags in August 2008. The ordinance became effective on January 11, 2011. Maryland Montgomery County The County followed the example of the neighboring District of Columbia and passed a 5 cent minimum price requirement on single-use plastic and paper bags in May 2011. It is effective January 2012. Applies to all retailers. 8 Massachusetts Brookline The Town of Brookline banned plastic bags from large grocery and retail stores by a vote of 142-53 in November 2012. Effective December 1, 2013. New Mexico Santa Fe In 2013 Santa Fe adopted a plastic bag ban and 10 cent minimum charge per paper bag in all retail stores. Before the ban went into effect, the charge was rescinded. New York East Hampton In August 2011, the East Hampton Village Board approved a plastic bag ban. Effective February 2012. Mamaroneck In mid July 2012, the Mamaroneck Board of Trustees approved a plastic bag ban. Effective in six months. Rye In December 2011, the Rye City Council unanimously adopted a plastic bag ban at all retail stores. Effective May 7, 2012. Southampton In April 2011, the Southampton Village Board unanimously approved a ban on non-biodegradable bags for retailers, supermarkets and restaurants. Effective November 6, 2011. North Carolina Hyde, Currituck and Dare Counties The North Carolina Legislatures banned plastic in the Barrier Islands in June 2009. The ban was extended to all businesses in the three counties in 2010. Oregon Corvallis City Council approved a plastic bag ban with a five cent charge per paper bag on July 2, 2012. Eugene City Council approved a plastic bag ban with a five cent charge per paper bag on October 22, 2012. Effective May 1, 2013. Portland Portland became the first city in Oregon to adopt a ban on plastic bags in July 2011, after the state legislature failed to pass a statewide ban. Effective October 15, 2011. An amendment to include all other retail stores and restaurants goes into effect in two stages on March 1, 2013 and October 1, 2013. 9 Rhode Island Barrington City Council approved the first plastic bag ban in the state in October 2012. Effective January 1, 2013 in all retail stores and restaurants. Sunsets January 31, 2015 unless the council revisits the ordinance. Texas Austin In March 2012, Austin City Councii adopted a sweeping ban on single-use plastic and paper bags in all business establishments. Effective 3/1/13. Brownsville The City of Brownsville became the first in its state to restrict plastic bags in 2009 with a $1 charge per transaction. The ordinance became effective January 2011. (See Municipal Code, Chapter 46, Article II, Section 46). Dailas The Dallas City Council approved a bag ordinance on March 26, 2014. Single use bags in every retail store must include a five cent charge. Effective January 1, 2015. Fort Stockton 1n 2010, the City of Fort Stockton banned single-use plastic bags from stores, effective September 2011 (See Municipal Code, Article I, Section 12-9). Freer On December 10, 2012, the city council adopted a plastic bag ban in all retail stores. The ban became mandatory on June 2, 2013. Kermit Effective October 1, 2013, single use plastic bags are prohibited in Kermit grocery, convenience, and drug stores. Paper bags are permitted with a ten cent charge. Laguna Vista The Town of Laguna Vista adopted a plastic bag ban on September 11, 2012. Effective January 1, 2013. Laredo In August of 2013, the City Council adopted a plastic bag ban for all retail stores, effective January 10, 2015. South Padre Island In January 2011, South Padre Island passed a bag ordinance banning plastic single-use carryout bags that became effective in 2012. Sunset Valley Single use plastic bag ban passed in February 2013 for all retail stores. Effective 9/1/2013. Washington Bainbridge Island 1n April 2012, the City of Bainbridge Isfand adopted a plastic bag ban in all retaii stores. Paper bags are allowed with a five cent charge. Effective November 2012. 10 Bellingham Bellingham banned plastic bags and placed a 5 cent minimum price requirement on paper bags in July 2011. Edmonds Edmonds banned plastic bags at all retail stores in July 2009. Issaquah In June 2012, the city adopted a plastic bag ban with a five cent charge per paper bag in all retail stores. Effective in large stores 3/1/13, and smaller stores 3/1/14. Lacey In February 2014, the city adopted a plastic bag ban with a five cent charge per paper bag for all retail stores. Effective 7/1/14. Mukilteo The City of Mukilteo banned plastic bags in December 2011. Effective 1/1/13. Olympia Olympia passed a plastic bag ban with five cent charge per paper bag in October 2013. Effective in ail retail stores on 7/1/14. Port Townsend Council adopted a plastic bag ban with five cent charge on paper bag in July of 2012 for all stores. Effective 11/1/12. Seattle In December 2011, the Seattle City Council unanimously passed an ordinance banning single-use plastic bags and putting a 5 cent minimum price requirement on single-use paper bags. Effective 7/1/12. Previously, the Seattle City Council voted to require retailers to charge a $0.20 on all single-use carryout bags in July 2008. The ordinance was overturned by a plastic industry-financed initiative one year later. Shoreline In April 2013, the Council adopted a plastic bag ban with a five cent charge per paper bag. Effective 2/1/2014. Thurston County In September 2013, the Board adopted a plastic bag ban with a five cent charge per paper bag for all retail stores. Effective 7/1/2014. Tumwater In September 2013, the Council adopted a plastic bag ban with a five cent charge per paper bag for all retail stores. Effective 7/1/2014. Source:http://www.cawrecycles.org/issues/plastic campaign/plastic bags/national 11 Klassen, Rachelle From: MICHELLE WHITTAKER [blondeclothingboutique@gmail.com] Sent: Thursday, April 24, 2014 12:20 PM To: Klassen, Rachelle Subject: Today's vote on plastic bags. I can not attend today's meeting but would like to express my concern for the small boutiques on El Paseo. If this passes it will cause a financial hardship for all of us. I vote NO, to the bag ordinance. I agree to no plastic, but not the added hoopla needing to be printed on our paper bags. Please don't make it harder for the little guys. Thank you,-- Michelle Whittaker blonde clothing boutique 73-200 El Paseo Dr. Suite 3A Palm Desert, Ca. 92260 760.836.3366 SHOP ON LINE FIND US ON FACEBOOK � ., � � c� � c� cx a.. .Q �;� . ,.. i Evans, Donna From: Bonczek, Mirena (US) [mirena.bonczek@RalphLauren.com] Sent: Thursday, April 24, 2014 1:54 PM To: Evans, Donna Subject: Plastic Bag Ordinance Dear Ms. Evans, I am unable to attend this afternoon's City Council meeting. Please note that I am in support to limit this ordinance to Grocery Stores only. Regards, Mirena Mirena Bonczek � RALPH LAUREN-PALM DESERT � General Managet � 760 340 2023 RalphLauren.com RalphLauren.com click here s . � � b "!7 .� Pd .C" "CJ � .... ,�. tJ'1 � 1 04/24/2014 02 ; 32pm PALM DESERT 7608373743 #383 Page O1/O1 � � � � � x O�', °��' w c � � � � � c � A� � � � G • ci � 0 � ,� � y cc - $ � ,`� ,`�' � � ,`�' .r � ai ro � -* � � a- rn 0 � � � � � 7�- � � � � � � � � N O � Do � N � r � pr � Q' � p � � � � � °o �o � v rn n ro Q 'm °° � � Q � 3 3 no � � v � a, n� ao tn (p � c��a, � a � � � a A A � � � �. � � n � � 3 r+ � W o00a ^� � � �c� x � � c � o g �' � c � � � � � �. � u' c° a- cD � � p � 3 a � s � � fD � � � '� ^� � � � � � � � ro r�•. � � � O � �l �' G CC � N 7 d Q7 CD (D � N � p� � N CC � � � � � • � pi la. Cf D cs r�'1 O � � N j fD -�. � a � � m a o � � � 3 � t� Q o � � � 3 � � r: o o g �+ � ° �� o � � � g � < � � c _. m rn w � � � a o � m m d' o °7 � c � � � -e -, co � �� 06 � ° c o� � � � � a Q' � O � O Oa' c � �,c� N � � O � �' � .� N fQ� R � . � N� c — N � � O "" C � Qa c � �n�, a� o' Q � � � � d o- m � � � � � �a m � � � � N � �� A (D �p N � N N C �+ � � N � 3 � <D fl1 � �? � O Q- � � �� Nd 't�bdn �� o �o � � o �. � Evans, Donna From: Brittany Leger[BLeger@jamesperse.com] Sent: Thursday, April 24, 2014 2:09 PM To: Evans, Donna Subject: new ordinance palm desert To whom it my concern, We request that you please limit the restrictions to grocery stores ONLY. Thank you so much Best, Brittany Brittany Leger Store Manager James Perse Palm Desert 73-061 EI Paseo Suite 5 Palm Desert, CA 92260 Tel 760 773 6523 Fax 760 773 6524 This message may contain confidential and/or privileged information. This information is intended to be read only by the individual or entity to whom it is addressed. If you are not the intended recipient, you are on notice that any review, disclosure, copying, distribution or use of the contents of this message is strictly prohibited. If you have received this message in error, please notify the sender immediately and delete or destroy any copy of this message. � . r � x�• -� � n� .�- -v _ N -w �..Y � 1 Evans, Donna From: Leggiadro Palm Desert Store (pd@leggiadro.com] Sent: Thursday, April 24, 2014 2:26 PM To: Evans, Donna Subject: FW: plastic bag ordinance From: Leggiadro Palm Desert Store Sent: Thursday, April 24, 2014 2:24 PM Subject: plastic bag ordinance We are a designer collection and we are requesting that the ordinance requirements be limited to grocery stores. Many thanks for your attention to this. Sandra Schofield Sandra Schofield Store Manager Leggiadro of Palm Desert 73080 EI Paseo Palm Desert, CA 92260 �:. 760-773-9412 y„ � PD@Leggiadro.com � �v � �- -� s w ro � i Evans, Donna From: Alexa Garcia [alexag93@yahoo.com] Sent: Thursday, April 24, 2014 2:45 PM To: Evans, Donna Subject: City council meeting Dear city council, I am writing on behalf of Rita from Sarit on El Paseo. I cannot attend this afternoons meeting, please limit the requirements of this ordinance to grocery stores only. This ordinance may be appropriate for grocery stores, but certainly my for retail merchants on el paseo. Sent from my iPhone � . �� a �o �a � r -� _ n� r c�w i 2014-04-2414�56 TROY 76�77fi1105» 7603400574 P�/1 �� N�� 1�� J� �� TROY The GA�LERIA 73 111 EL 1'ASEO SUITE 105C PALM DESERT, CA 82260 760 7761101 � • Please voice our strong vote aqainst the ordinance concerning plastic bags. We, and several other retaii apparel stores, cannot sell high end merchandise as outlined by your ordinance and stay a viable business. The social media profile would mak� Palm Deser�, and especially EI Paseo, the laughing s#ock of world class shoppers everywhere if this ordinance was passed as is. How can a thousand dollar white gown be sold in a reused bag?? What about undergarments? Fine for groceries, but I DOUBT YOU'D EVERY SEE AN EXPENSIVELY PRINTED HIGH END GARMENT BAG FLYING AROUND THE ClTY'S PARKING LOTS. Finatly, the expense we have already paid to promote our location with pre-printed bags is huge—the major retailer's even larger. Who pay's for this?Then again our combined tax revenue (ask Target & Macy's & Sak's) is needed to pay for all this, isn't it? The irony. DENNIS T�OY APR-25-2014 05: 16 From: To:917603480574 Page: 1�1 ��n��-� �3�i�v c� ��s�o /� �� - �-� 4 PM � i�� ' v l �.�.�h �'�-� i � C/�- � 2 2(p C� A P � �t � ��0�(`�1 �, '� ��`�,�-� �C��.'� � � � ��on � � � v�l� 1 , �� e_� � � . � � �� I ��.. ..J C� 12c � � �.n � V� � � � �� 1��- � � c �: .. , � c� r � � �.�-�G� s �� - c�o � ' � ��-�- �- ,� � f� j � � C, c�-- , �� I5 0� _� � V 1 V . .�� -�� ., � �- �� L� � �, �� -� h �.� � , . , . , Evans, Donna From: Blaseck Abby[abby.blaseck@us.bottegaveneta.com] Sent: Thursday, April 24, 2014 3:35 PM To: Evans, Donna Subject: Ordinance for bags I would like to request that you limit the requirements of the bag ordinance to grocery stores only. Best, Abby �+°;• �:� � -o m � .c� -v 3 t�1 C,� � 1 Evans, Donna From: YVONNE DOUGHER [ydougher@aol.com] Sent: Thursday, April 24, 2014 3:06 PM To: Evans, Donna Subject: Retailers and bags Hi I'm the owner of Out of the Closet Designer Consignment located on EI Paseo and am unable to make today's meeting regarding the bags. Obviously t wouldn't vote for it! I am against it and think this should only be implemented in grocery stores. Thanks Out of the Closet Designer Consignment 73200 EI Paseo#4B Palm Desert YVONNE DOUGHER ydouqherCu�aol.com �.s . .C�' � � 't7 A � .C- � � � w � 1 Evans, Donna From: Mare, Nicole [Nicole.Mare@escadaota.com] Sent: Thursday,April 24, 2014 3:30 PM To: Evans, Donna Subject: Grocery Bag Ordinance I am not sure how to respond to the requirements of the new ordinance regarding Recycled Paper Bags and Reusable Bags, other than to say that the ordinance should only be required for grocery stores and perhaps sundry stores. To charge tourists for the privilege of carrying a paper bag, advertising their store of choice, in an area that caters to label brands and high ticket taste is ludicrous. We rely on the tourist/snow birds to purchase and support our local businesses. Next thing you will be advocating that we tax them for a zip garment bag, because it has polyurethane in it. Or how about the drycleaners, are you going to start taxing each plastic bag that they pull over a clean garment? Imagine the outcry, if people had to start bringing their own laundry bags to pick up their dry cleaning. We cater to a client that has wealth and our ticket prices reflect that, but to ask them to pay for the privilege of frequenting their favorite stores and having to worry about what type of bag they want to their new purchase to home in,just takes the fun out of the whole luxury shopping experience. I vote" NO"to extending this ordinance to the Merchants on EI Paseo. ��ic;ole M��r�e° C�er�er�al Manac��,�- ,•+�. i'�� ESCAD�A r�f t�� F�meriz::�s 'b .� 73 1(:;C� E=1 F'<asF�r,� � �>��irt7 l�E;�;e.rt . C;Ia, �:�2ZE>C} .C' �'; rE�()-i73-(.)i)25 —t7 E= 7F;0-:;46-172f} Z E rl!t'C7�E�.iT1C3I"C fC P�iC )Gr�C1�G3 ,C:t(Y4 � � _._. . _._-- _.,_..,.__ __._.... _. ,� � ' � 1 Evans, Donna From: Michael Kneebone [canyonrdcollecti@aol.com] Sent: Thursday, April 24, 2014 3:15 PM To: Evans, Donna Subject: BAGS To whom it may concern, I would like to offer my opinion that the ordlnance requiring recyclable bags should be limited to GROCERY STORES ONLY. Thank you for your time. Sincerely, Michael Kneebone CANYON ROAD COLLECTION 72-300 EI Paseo, Suite 2C Palm Desert, CA 92260 �'� (760)880-4791 � � 1*� � � Z E..1 .r � � 1 Evans, Donna From: jcdeluca@verizon.net Sent: Thursday, April 24, 2014 3:44 PM To: Evans, Donna Subject: Paper bag ordinance Dear D. Evans, Our store does not give out that many paper bags to our customers. They most often put the jewelry in a purse or wear it out of the store. However, to require charging one of our clients $0.10 for a paper bag is not in keeping with our philosophy of good customer service. It makes us look petty and money grubbing. And, what exactly is the city planning to do with the money raised by what is essentially a new tax? This ordinance sounds like an excellent idea for grocery stores or pharmacies, somewhere people shop on a regular basis and will be aware of the need to bring there own shopping bag. It is unreasonable to expect our visiting snowbird clients to know all the ins and outs of our shopping bag ordinances. This seems wrong for the shops on El Paseo as well as anti-tourist. Thank you for your consideration in this matter. Yours, M. Elaine Dayton Office Manager Fernando Olivares General Manager DeLuca Jewelers r . 73655 El Paseo Ste F �"� Palm Desert Ca. 92260 b 760-773-1763 � � fax 760-773-3602 � 1-800-548-3517 -� � � � � c� i Apr 24 14 04:15p The Upper Crust 1-760-568-9158 p.1 Environmental Coracepts and Creations, Inc. DBA The Upper Cr�rst 73-540 E/Pasev, Suite C � � Pa/m Desert, CA 92260 �' � N (�60J 568-1998/(760) 568-1998 -� � r � Via Fa�simile (76�) 34p_0574 Apri/Z4, 2014 Palm Desert City Counci/ 73-510 Fred 1Maring Drive Pa/m Desert, CA gZ210 Re: Propos�ed P/�rSt�G Bpq ga� Dear Counci! Members: While we are unable to attend today's meetinq, crs we crre � rying to run our business, we did want our voices to be heard with reg►ard to the afore-mentioned ban. Apr 24 14 04:15p The Upper Crust 1-760-568-9158 p.2 We, Iike most other residet�ts in the Coache/la to see somet�iin do� Vaf/ey, wo�/d /oue 9� e about the single use p/crstic bags, used r�n'►ari� b smal/ rocers and su ermarkets th everywhere and create an at �rre d�scaraled d eyesore. However, we are opposed to the ban tha� is bei goes far beyon�l what is neces �g ��posed, as it sary to address this specific problem anal it will only create hardships or sma11 f business such as ours. Our plcrstic bags are mu/ti p/y, reusab/e and rec cl In order to reduce costs which Y able. � are typically passed on to the customer, we purchase our bags, paper and plastic in H QUANT�T►ES. V1/e now have �� upward of�1�',p00.40 wor�h of perper AND plpstic bags, intended to ge� us throu h the n seasons, that DO /VOT m � ext several eet the proposed requirements. What are we sup�vsed to do w�th our�nvento a . . ry. There has to �be c� more fair and bafanced so/ut�on to this probJ'em thar� a far reach�ng Ordinance such as this one!! Sincerely, � � • Douq/as A. Lawe1/in — Owner Steven D. Roh/in - Owner 04/24/2014 15:29 FAX 3239659406 THEODORE OFFICE 1�001 T��wO�� RFVF' RI Y H ! I 1 S ..�►;. �;� APRIp_ 24 .2Q14 � � � r -v z TO: P�4LM DESERT CfTY COUNCiL y. cra RF� lal �l►S-l"K;-RA[;AR1�1111AN[;F +� TO WI�IOM IT MAY CONCERN, QN�Il;HAL.F OF THEODQRE.AT?3-1.30�-EL PASEiQ..I.WQULQ LIKE..E��ZESS MY GRIE4►ANC:E REGARDING THE PLASTK�B�AG�RDINANCE. WE SHARE YQUR CONC;ERNI FOR THE ENVIRONMENT B�1T AS RETAILERS,OUR BAG IS PART OF OUR A�]��'�'�.S4��N�:��-,,.tl A,�R?.A:IAI..S_1'dN�d�.._L1.LIn�NHd�T 1A113L1�.I,1..F1 PAS��BE:WITHOUT PEOPLE CARRYlNG BEAUTIFUL SHOPPING BAGS FR�M UPSCAIE FtEI'AILERS?OUR BAGS ARE MADE OF PAPER.THEY CAN BE REUSED AND �'��,�Q.�Cl-�4 R��BlI��!��L- �'#�I�A1+��11�lA1��E�A►#Y�S��ON AND«;HQEILD BE LIMITED T<J GROCEFZY STORES AND THE LIKE,AND YE3, I WOULD !��1:�15�'AN�IUE THE U�E QF P�STIG BoAGS ALTC�GE�1� T�MC XG►4�M1 A�NAAI�E��X�;I�)AISIDER�4T� SINCE:REL'.Y., �._._ _— ------_ _---_ _�__.,�:==:===-�-- -- _---- -_ �\ � ' ) ._____.-- _,�a�tis ._� 1EI��aRE:'�I[�� #E��[�QF�� 6Q�9�� PI+;;,Q F�I.�D Ll]S A�1GE�ES Cpr 9flU:36 ��L• 3�3 965 2?�7 ��G 3�3 965��C�B aa._,.0 .,.r..�..,. .:•.r-r�:msm^c ._...i.... rri�t'-r,�c.�-^L�`�ti::a.i:rffici+lti::�:>.yb6z'�^..Y::�C�.11 � � ,.. '1 —/L' �U f� _ . � . . ._.� . . .._._ .... ... ...�.rt.�..��... , .,_ ... ., ,� ORDINANCE NO. 1271 ' �� .. � �'�f ,�� ,��/yL�� ,.,, v, d i�F �s _..... .....r..�..�:.o,a.-+--,..+.r.r.e.�+mr � «...,e�,�..�,c '_ __— +�vasss.w:;•.� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.12 RELATING TO SINGLE-USE CARRYOUT PLASTIC BAGS AND PROHIBITING THE FREE DISTRIBUTION OF RECYCLED PAPER BAGS, BY RETAIL ESTABLISHMENTS. WHEREAS, about nineteen billion (19,000,000,000) single-use bags are used annually in California but less than 5% are recycled; and WHEREAS, about twenty-two million (22,000,000) single-use carryout plastic bags are distributed by retail establishments in the City each year; and WHEREAS, most of these single-use carryout bags are made from plastic or other material that does not readily decompose; and WHEREAS, numerous studies have documented the prevalence of single-use carryout plastic bags littering the environment and blocking storm drains; in the Coachella Valley, single use plastic bags create a litter problem which is aggravated by windy conditions here; and WHEREAS, the City taxpayers must bear the brunt of clean up costs; and WHEREAS, the City Council of the City of Palm Desert is the decision-making body for the approval and adoption of this Ordinance; and WHEREAS, this ordinance requires stores that decide to make recycled paper carryout bags available to their customers to pass-through the reasonable cost of providing these bags; WHEREAS, based on this analysis, the City has determined that a minimum cost pass-through of $0.10 per paper bag would cover the reasonable cost to a store of providing the paper bags to its customers; and WHEREAS, over 90 jurisdictions in California have approved ordinances that impose paper bag fees on the customers requesting these bags and these fees have proven very effective at generating a major shift in consumer behavior toward the use of reusable bags and significantly reducing bag consumption; and WHEREAS, the proceeds from the collection of the paper bag pass-through would be retained by the retailer and this ordinance does not specify how the retailers end the monies collected; and * By Minute Motion, continued to the meeting of May 8, 2014, with staff ��'��;��, �� directed to make the appropriate /�%��-j�� contacts and rework the lan ua e � ''��`�'��"��"'��^�� - regarding the printing required �`i c� on recycled paper bags. � �_s ��Y��+a� �� ORDINANCE NO. 1271 WHEREAS, customers can avoid this cost pass-through by using reusable bags; and WHEREAS, no portion of the cost pass-through will be provided to the City and consequently, the City will not receive any revenues from the retailers' collection of the paper bag cost pass-through; and WHEREAS, therefore, the cost pass-through is not a fee subject to Proposition 26; and WHEREAS, a paper bag cost pass-through is an essential element of the proposed ordinance as it is intended to provide a disincentive to customers to request paper bags when shopping at regulated stores and to promote a shift towards the use of reusable bags by City of Palm Desert consumers; and WHEREAS, the California Grocers Association, a non-profit trade association representing over 500 retail member companies, in an October 24, 2013, letter to the CVAG Executive Committee, has encouraged CVAG and its member jurisdictions to commit to a regional effort and move forward with an approach to regulate single use plastic bags that includes placing a charge on recyclable paper bags; and WHEREAS, there are several alternatives to Single-Use Carryout Plastic Bags readily available in the City, including reusable bags produced from sustainable materials; and WHEREAS, an important goal of the City's Sustainability Plan is to procure and use sustainable products and services; and WHEREAS, it is the City's desire to lead by example and whenever possible to conserve resources, reduce the amount of greenhouse gas emissions and solid waste, and to protect the public health and welfare including local wildlife, all of which increase the quality of life for City of Palm Desert residents and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, THAT THE FOLLOWING SECTION OF THE PALM DESERT MUNICIPAL CODE IS HEREBY AMENDED, AS SHOWN IN EXHIBIT A: SECTION 1. Chapter 5 of the Palm Desert Municipal Code is hereby amended by adding a new Section 5.12 to be numbered and entitled and to read as shown in Exhibit A, attached: SECTION 2. This ordinance shall become effective on October 1St, 2014. The ordinance provides a 6-month to 12-month operative date for compliance after the October 1 St, 2014, effective date. SECTION 3. The City of Palm Desert (City), in its capacity as the Lead Agency for this project under CEQA, evaluated the potential environmental 2 ORDINANCE NO. 1271 impacts of the project under CEQA. Through the preparation of an Initial Study, the City has determined that the proposed project COULD NOT have a significant effect on the environment, and a Negative Declaration has been prepared. The Initial Study meets the requirements of the State of California CEQA, the State CEQA Guidelines, and the City of Palm Desert Guidelines for the Implementation of CEQA. SECTION 4. That the City Clerk of the City of Palm Desert, California, is hereby directed to provide at City Hall and to publish a notice of this ordinance with the attached Exhibit A in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California. This ordinance shall 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 day of , by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 3 ORDINANCE NO. 1271 EXHIBIT A CHAPTER 5.12 USE OF SINGLE-USE CARRYOUT PLASTIC BAGS SECTIONS: 5.12 5.12.010 Findings and Purpose 5.12.020 Definitions 5.12.030 Single-Use Carryout Plastic Bags Prohibited 5.12.040 Permitted Bags 5.12.050 Carryout Bag Regulations 5.12.060 Exempt Customers 5.12.070 Operative Date 5.12.080 Penalties and Enforcement 5.12.090 Severability 5.12.010 Findings and Purpose A. The City Council of the City of Palm Desert finds and determines that the City is committed to protecting the public health, safety, welfare, and environment, and that in order to meet these goals, it is necessary for the City to promote the public purposes served by this Chapter and adopt the following regulations pursuant to these findings. B. The City finds that ordinances limiting the use of Single-use Carryout Plastic Bags have been proven to reduce the amount of pollution and improve quality of life for the citizens of Palm Desert. C. The City finds that, except in unusual circumstances, it is feasible and reasonable for parties who provide Single-use Carryout Plastic Bags to easily transition to paper bags and move to a model that charges for paper bag use by consumers. D. The City of Palm Desert recognizes that plastic bags are a public nuisance and affect public health and impact tourism and quality of life to both residents and visitors in Palm Desert. 5.12.020 Definitions A. "Customer" means any Person obtaining goods from a Store. B. "Food Bank" means is a non-profit, charitable organization that distributes food to those who have difficulty purchasing enough food to avoid hunger. 4 ORDINANCE NO. 1271 C. "Nonprofit Charitable Reuser" means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent (50%) of its revenues from the handling and sale of those donated goods or materials. D. "Operator" means the person in control of, or having the responsibility for, the operation of a Store, which may include, but not be limited to, the owner of the Store. E. "Paper Bag Cost Pass-Through" means the cost which must be collected by retailers from their customers when providing a Recycled Paper Bag. F. "Person" means any natural person, firm, corporation, partnership, or other organization or group however organized. G. "Pharmacy" means any retail store, where prescriptions, medications, controlled or over the counter drugs, personal care products or health supplement goods or vitamins are sold, but excluding any licensed pharmacy located within a hospital. H. "Prepared Food" means foods or beverages which are prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. Prepared Food does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed, or mixed. I. "Produce bag" or "product bag" means any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items. J. "Public Eating Establishments" means a restaurant, take-out food establishment, or any other business that receives ninety percent (90%) or more of its revenue from the sale of Prepared Food to be eaten on or off its premises. K. "Recycled Paper Bag" means a paper bag provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment that contains no old growth fiber and a minimum of forty percent (40%) post-consumer recycled content; is one hundred percent (100%) recyclable; and has printed in a highly visible manner on the outside of the bag the words "Reusable" and "Recyclable," the name and location of the manufacturer, and the percentage of post-consumer recycled content. The Recycled Paper Bag is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Material (ASTM) Standard Specification for Compostable Plastics D6400, as published in September 2004. 5 ORDINANCE NO. 1271 t,. "Reusable Bag" means either a bag made of cloth or other machine washable fabric that has a handle, or a durable plastic bag with handles that is at least 2.25 mil thick and is specifically designed and manufactured for multiple reuse. A reusable bag must not contain lead, cadmium, or any other heavy metal in toxic amounts, as defined by applicable State and Federal standards and regulations for packaging or reusable bags. M. "Single-Use Carryout Plastic Bag" means a bag other than a Reusable Bag provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. Single-Use Carryout Plastic Bags do not include bags without handles provided to the Customer (1) to transport produce, bulk food, or meat from a produce, bulk food, or meat department within a Store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a Reusable Bag or Recycled Paper Bag. N. "Store" means any of the following retail establishments located within the City limits of the City of Palm Desert. (1) A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items; (2) A store of at least 10,000 square feet of retail space that sells any perishable or non-perishable goods including, but not limited to clothing, food, 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 (3) 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; or (4) A store of less than 10,000 square feet of retail space that sells any perishable or non-perishable goods including, but not limited to, clothing, food, 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). (5) Store does not include Public Eating Establishments or Nonprofit Charitable Re-users. 6 ORDINANCE NO. 1271 5.12.030 Single-Use Carryout Plastic Bags Prohibited A. No Store shall provide to any customer a Single-Use Carryout Plastic Bag. B. This prohibition applies to bags provided for the purpose of carrying away goods and does not apply to produce bags or product bags. 5.12.040 Permitted Bags All Stores shall only provide, or make available to, a customer Reusable Bag or a Recycled Paper Bag for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this Chapter. Nothing in this Chapter prohibits customers from using bags of any type that they bring to the Store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the Store. 5.12.050 Carryout Bag Regulations A. No Store, to include grocery store or pharmacy, shall provide a Single-Use Carryout Plastic Bag to a customer, at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this Section. B. No person shall distribute a Single-Use Carryout Plastic Bag at any City facility, City-managed concession, City-sponsored event, or City-permitted event unless otherwise provided in this Section. C. Single-use Carryout Plastic Bags may be distributed to customers by food providers for the purpose of safeguarding health and safety during the transportation of prepared take-out foods and liquids intended for consumption away from the food provider's premises. D. A Store shall make Recycled Paper Bags available to Customers for a minimum charge of ten cents ($.10) per bag. The sale of each bag shall be separately itemized on the sale receipt. E. All Stores must keep records of the totat number of Recycled Paper Bags provided; the total amount of monies collected for providing Recycled Paper Bags, and a summary of any efforts a Store has undertaken to promote the use of reusable bags by customers in the prior calendar year. Such records must be made available for the City Manager or his/her designee, to review at any time. These records may be kept at the retailer's corporate office. 5.12.060 Exemptions A Store may provide a Customer participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Section 2 of Division 106 of the Health and Safety 7 ORDINANCE NO. 1271 Code; and a Customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code, with one (1) or more Recycled Paper Bags or Reusable Bags at no cost. 5.12.070 Operative Date This Chapter shall become operative six (6) months after its effective date for Stores defined in Subsections N(1) and N(2) of the Definitions Section. This Chapter shall become operative twelve (12) months after its effective date for Stores defined in Subsections N(3) and N(4) of the Definitions Section. 5.12.080 Penalties and Enforcement A. The City Manager, or his/her designee, has primary responsibility for enforcement of this Chapter. The City Manager, or his/her designee, is authorized to promulgate regulations and take any and all other actions reasonable and necessary to enforce this Chapter. B. If the City Manager, or his/her designee, determines that a violation of this Chapter has occurred, he/she will issue a written warning notice to the operator of a Store that a violation has occurred and the potential penalties that will apply for future violations. C. Any Store that violates or fails to comply with any of the requirements of this Chapter after a written warning notice has been issued for that violation shall be guilty of an infraction. D. All administrative civil fines shall be established and set forth by resolution of the City Council. Established fines may be modified as appropriate by City resolution. E. Remedies under this Chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. 5.12.090 Severability The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect. 8