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HomeMy WebLinkAboutNBMC 6.27 CARRYOUT BAGS 11.19.20Chapter 6.27 CARRYOUT BAGS Sections: 6.27.005 Purpose and Intent. 6.27.010 Definitions. 6.27.020 Carryout Bag Cost Pass-Through. 6.27.030 Enforcement. 6.27.005 Purpose and Intent. A. Carryout bags, whether made of plastic or other materials, are typically used for only a few minutes. But their life span from production to transportation and disposal has significant environmental impacts, including environmental contamination; consumption of energy, water, and non-renewable polluting fossil fuels; emissions of greenhouse gases; air and water pollutants; depletion of natural resources; litter on streets and in waterways; plastic pollution; and increased litter clean-up and discard management costs. B. The practice of freely giving customers carryout bags enables people to pay little attention to the negative environmental impacts of the bags. C. A fee for carryout bags would encourage both bag reuse and reduction of pollutants. 6.27.010 Definitions. A. “Affected establishment” means any entity located within or doing business within the geographical limits of the City of Newport Beach that sells goods to a customer. B. “Carryout bag” means any bag with handles provided by an affected establishment to a customer at the point of sale for the purpose of carrying away goods. C. “Carryout bag cost pass-through” means the cost which must be collected by affected establishments from their customers when providing a carryout bag. D. “Customer” means any person obtaining goods from an affected establishment. 6.27.020 Carryout Bag Cost Pass-Through. A. An affected establishment may only provide a carryout bag to a customer if it collects a carryout bag cost pass-through from the customer for each carryout bag provided. B. The carryout bag cost pass-through shall not be less than ten cents ($0.10) for each carryout bag provided. The exact charge must be itemized on the receipt if one is provided. C. No affected establishment shall rebate or otherwise reimburse a customer for any portion of this pass-through. D. Funds collected shall be retained by the affected establishment. 6.27.030 Enforcement. A. Any person violating or failing to comply with any of the requirements of this Chapter shall be guilty of an infraction pursuant to Section 1.04.010, and shall be subject to citation and fines pursuant to Chapter 1.05, Newport Beach Municipal Code.