§ 1703.5.

CHECKOUT BAG CHARGE

a.

Imposing a Checkout Bag Charge.

1.

Beginning October 1, 2012, no Store shall provide a Recyclable Paper Bag or Reusable Bag to a customer at the point of sale, unless the Store charges the customer a Checkout Bag Charge of at least ten cents ($0.10) per bag.

2.

Beginning October 1, 2013, no Store, including a Food Establishment, shall provide a Compostable Plastic Bag to a customer at the point of sale, unless the Store charges the customer a Checkout Bag Charge of at least ten cents ($0.10) per bag.

3.

No Food Establishment shall be required to charge its customers a Checkout Bag Charge for a bag provided for a customer’s left-over food from sit-down restaurant dining.

b.

Controller’s Report. After January 2013, and not later than January 2014, the Controller shall perform an assessment and review of the economic impacts on businesses, both large and small, of the 10 cent Checkout Bag Charge. Based on such assessment and review, the Controller shall submit an analysis to the Board of Supervisors. The analysis shall be based on criteria deemed relevant by the Controller, but should include a survey of whether and how the Checkout Bag Charge specifically has impacted businesses’ profits and losses.

c.

Checkout Bag Charge to be Separately Stated on Receipt.   The amount charged pursuant to subsection (a) shall be separately stated on the receipt provided to the customer at the time of sale and shall be identified as a the Checkout Bag Charge. Any other transaction fee charged by the Store in relation to providing a Checkout Bag shall be identified separately from the Checkout Bag Charge.

d.

Exemptions.

1.

A Store shall not charge the Checkout Bag Charge required under subsection (a) where providing a Checkout Bag to a customer as part of a transaction paid for in whole or in part through the Special Supplemental Food Program for Women, Infants, and Children (Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code), or the State Department of Social Services Food Stamp Program.

2.

A Store shall not charge the Checkout Bag Charge required under subsection (a) for a Reusable Bag which meets the requirements of this Chapter and which is distributed to a customer without charge during a limited duration promotional event, not to exceed 12 days per year.

e.

Waivers. Any owner or operator of a Store may petition the Director of the Department of the Environment for a full or partial waiver of the requirements of this Section, for a period of up to one year, if the owner or operator can

1.

demonstrate that application of this Section would create undue hardship or practical difficulty for the Store not generally applicable to other stores in similar circumstances, or

2.

establish that the business as a whole cannot, under the terms of this Section, generate a return that is commensurate with returns on investments in other enterprises having corresponding risks and is sufficient to attract capital.

f.

Violations. Violations of this Section may be punished under the provisions of Section 1705. Collection of the Checkout Bag Charge shall not excuse any violation of any other provisions of this Chapter 17.

History

(Added by Ord. 33-12 , File No. 101055, App. 2/21/2012, Eff. 3/22/2012, Oper. 10/1/12)

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