Ordinance No. 13-2102 Regulation of Single-Use Carryout BagsORDINANCE No.1 -2102
All ORDINANCE of THE CITY COUNCIL of THE CITY of CUPERTINO
ADDING CHAPTER 9.17 TO THE CUPERTINO MUNICIPAL CODE REGARDING
REGULATION of SINGLE-USE CARRYOUT BAGS
The City Council of the City of Cupertino herby ordains as follows:
Section 1. Addition of Chapter 9.17. Chapter 9.17 is hereby added to the Cupertino
Municipal Code to read as follows
CU ERTINO MUNICIPAL CODE
CHAPTER 9.17
REGULATION GF SINGLE-USE CARRYOUT BAGS
9.17.100 Findings and purpose
The City Council finds and determines that:
(a) The use of single -use carryout bags by consumers at retail establishments is
detrimental to the environment, public health and welfare.
(b) The manufacture and distribution of single -use carryout bags requires utilization
of natural resources and results in the generation Of greenhouse gas emissions.
(c) Single -use carryout bags contribute to environmental problems, including litter in
.storrndrain.s, creeks, the bay and the ocean.
(d) Single -use carryout -bags provided by retail establishments impose unseen costs on
consumers, local governments, the Mate and taxpayers and constitute a public
nuisance.
The City Council finds and declares that it should restrict the free distribution of
single -use carryout bags.
9.17.110 Definitions
A$ Customer" means any person. obtaining goods from a retail establishment.
F. "Garment bag" means a. travel bag made of pliable, durable material with or
without a handle, designed to hang straight or fold double and used to carry suits,
Ordinance Igo. 13-2102
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dresses, coats, or the like without crushing or wrinkling the same.
C. "Garment cover" means a protective textile cover with or without a handle,
made of plastic, paper, or other material and used as a protective covering for clothing,
draperies, or similar textiles after the professional cleaning, alteration, or repair of such
items
D. "Nonprofit charitable reuser„ means a charitable organization, as defined in
Section 501(c)(3) of the Internal Revenue .e 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 of its revenues from the handling and
sale of those donated goods or materials.
E, „Person" means any natural person, flan, corporation, partnership, or other
organization or group however organized.
F. "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" sloes not include any raw,
uncooked meat product or fruits or vegetables -which are chopped., squeezed, or mixed.
G. "Public eating establishment" means a restaurant, take --out food establishment,
or any other business that receives ninety percent or more of its revenue from the sale
of prepared food to be eaten on or off its premises.
H. "recycled paper bagif 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 post - consumer recycled content and is one hundred percent
recyclable.
f* "Retail establishment" means any commercial establishment that sells perishable
or nonperishable goods including, but net limited to, clothing, food, and personal items
directly to the customer; and is located within or doing business within the City of
Cupertino. "Retail establishment" does not include public eating establishments or
nonprofit charitable reusers,
J. "Reusable bags, means either a bag made of cloth or other machine washable
fabric that has handles, or a durable plastic bag with handles that 1s at least 2,25 mils
thick and is specifically designed and manufactured for multiple reuse.
Ordinance No. 13-2102
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K. "Single -rise carryout bags, means a bag other than a reusable bag provided at the
check stand, cash register, point of sale or other point of departure, including
departments within a store, for the purpose of transporting food or merchandise out of
the establishment. "Single -use carryout bags' do not include bags without handles
provided to the customer: 1 to transport prepared food, produce, bulk food or meat
from a department within a store to the point of sale; to hold prescription medication
dispensed from a pharmacy; or 3 to segregate food or merchandise th t could damage
or contaminate other food or merchandise when placed together in a reusable bag or
recycled paper bag.
.47,120 Implementation date
This chapter shall be implemented as of October 1, 2013.
9.1.7.x 30 Single --use carryout bag
A. No person or retail establishment shall provide a single -use carryout bag to
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 or in section 9.17.140.
Effective October 1, 2013 a retail establishment may only male recycled paper
bags'4 vailable to customers if the retailer charges a minimum of ten cents. Reusable
bags may be given by retailer without charge.
C. Effective January 1, 2015 a retail establishment may only make recycled paper
bags or reu kle wags available to customers if the retailer charges a minimum of
twenty-five cents.
D. Notwithstanding this section, no retail establishment may male available for
sale a recycled paper bag unless the amount of the sale of such bag is separately
itemized on the sale receipt.
E. A retail establishment may provide one or more recycled paper bags at no cost
to any of the following individuals: a customer participating in the California Special
Supplement Food Program for women, Infants, and Children pursuant to Article
(commencing with Section 12327 of chapter 1 of Part 2 of Division 106 of the Health
and Safety code; 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; and a customer participating in calfresh pursuant to
Chapter 1 commencing with Section 18900) of Part 6 of Division 9 of the California
Ordinance No. 1 -2102
Page 4
Welfare and Institutions Code.
9.17.140. Exemptions
The provisions of this Chapter shall not apply in the following circumstances where:
1. A plastic or paper carryout bag with or without handles is provided by a public
eating establishment to transport prepared. food;
2. A plastic or paper bag with or without handles is provided by a nonprofit
charitable reuser;
3. A. plastic or paper bag without handles is provided to transport prepared food,
produce, bulk food, or meat from a department within a store to the point of sale;
plastic or paper bag without handles is provided to hold prescription
medication dispensed from a pharmacy;
5. A plastic or paper bag without handles is used to segregate food or merohandls
that could damage. or contaminate other food or merchandise When placed together in a
reusable bag; or recycled bag;
6. A garment bag or garment corer used to protect and transport clothing or other
textiles.
9.17.10 Administrative citation and fine
(a) -Grro nc s for an administrative citation. An administrative citation may r be issued
upon findings made by the City Manager, or his or her designee, when any person or
retail establishment has provided a single-use carryout bag to a customer or violated
any other provision of this Chapter.
(b) Administrative citation fine amounts, Upon findings made under subsection a, the
retail establishment shall be subject to an administrative citation pursuant to Chapter
1.10 of this Code. Fines for the administrative citation are as follows:
(1) First citation; One hundred dollars ($100.00
(2) Second citation for the same violation within the same twelve month period; Two
hundred dollars oo,00
(3) Third or any subsequent citation for the same violation within the same twelve
month period; Fire hundred dollars oo,00
(4) Each day that any person or retail establishment violates the provisions of this
Chapter a new and separate violation occurs.
(c) Administrative citation appeals and disposition shall be processed in accordance
with Chapter 1.10 of this Code.
Ordinance No. 1 -2102
Page
9.17.160 Severability
If any section, subsection, subdivision, sentence, clause, or phrase of this Chapter is for
any reason held to be unconstitutional or otherwise void or invalid, by any court of
competent jurisdiction the validity of the remaining portion of this Chapter shall not be
affected thereby.
The City Clerk shall certify the adoption of this Ordinance and shall give notice of its
adoption as required by law. Pursuant to Government Code Section 36933, a summary
of this ordinance may be published and posted in lieu of publication and posting of the
entire text.
Section 2. Effective Date, This Ordinance shall he effective on October 1, 2013.
Section 3. CEQA Review, The County of San Mateo was the lead agency for
environmental revie w under the California Environmental Quality Act (CE QA) and
prepared and certified an Environmental impact report analyzing the impacts of a
reusable hag ordinance, banning single -use, carryout bags from stores, while requiring
stores that provide recycled - content paper bags to charge customers a minimum of ten
cents.I per Haag. The EIR specifically analyzed the impacts of such an ordinance in
the City of Cupertino, and the Cupertino City Council independently reviewed. the EII
and d ' etermined that it was adequate for the City's use in adopting an ordinance. In
addition, the City prepared an Addendum analyzing minor changes to the ordinance.
The City Council reviewed the EIR and Addendum and adopted CEQA findings of fast
on January 15 and March 5, 2013 and concluded that that the proposed ordinance
(including modifications) will not result in any significant environmental effect.
Ordinance No. 13-2102
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INTRODUCED at a regular meeting of the City Council of the City of Cupertino the
15th day of January 2013 and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 5th day of March 2013, her the following vote:
Vote:
Ares:
Noes:
Absent:
Abstain:
ATTEST;
Grace Schmidt, City Clerk
Members of the City Council
Mahoney, Wong, Chang, Santoro, Sinks
None
None
None
APPROVED:
3fzr 1,3-
Orrin Mahoney, Mayor, City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex- officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 13 -2102, which was
enacted on March 5, 2013, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 26th day of March, 2013.
GRACE SCHMTDT, City Clerk and Ex- officio Clerk
of the City Council of the City of Cupertino, California
Ordinance Certificate