8.03.020 Definitions.
“Container” means a receptacle upon which or inside which food may be placed for consumption, whether or not the receptacle can be fully closed. This includes hinged food containers, plates, bowls, cups, and trays.
“Disposable carryout bag” means a bag that is furnished to a customer at a store or retail food establishment at the point of sale for use by the customer to transport or carry purchased goods. A “disposable carryout bag” does not include:
1. A bag that a pharmacy provides to a customer purchasing prescription medication.
2. A bag that a customer uses inside a store to:
a. Package loose or bulk items, such as fruits, vegetables, or grains; nails, bolts, screws, or other small hardware items; live insects, fish, crustaceans, mollusks, or other small species; and bulk seed, bulk livestock feed, or bulk pet feed.
b. Contain or wrap frozen foods, seafood, meat, flowers, potted plants, or other items that could dampen or contaminate other items if they were to come in contact with other items.
c. Contain unwrapped prepared foods or bakery goods; or
d. A laundry, dry cleaning, or garment bag.
“Disposable carryout bag fee” means a town fee of twenty cents ($0.20) imposed and required to be paid at the point of sale by each customer making a purchase from a retailer for each recycled paper carryout bag used during the transaction.
“Expanded polystyrene” means blown polystyrene, commonly known as Styrofoam™, and any other expanded or extruded foam consisting of thermoplastic petrochemical materials utilizing a styrene monomer and processed by techniques that may include:
1. For expandable bead polystyrene, fusion of polymer spheres;
2. Injection molding;
3. Foam molding; and
4. For extruded foam polystyrene, extrusion blow molding.
“Food” means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption. “Food” does not include a drug.
“On premises” means any use while inside a building or on the area of land that it is on, rather than taken out for use elsewhere.
“Point of sale” means a cash register, checkout stand, or other point at which a sales transaction occurs in a store, retail food establishment, or other business, or, for products that are ordered remotely from a store or retail food establishment and delivered, the location where the products are delivered.
“Plastic” means a synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during their life cycle and after disposal. The assertions made in this document refer to fossil-derived plastics and to biologically based polymer plastics.
“Ready-to-eat food” means food that is cooked or otherwise prepared in advance for immediate consumption.
“Recyclable” means material made solely of materials that are capable of being separated from a waste stream by a food service retailer and made available for collection and delivery to a processor for reuse or remanufacture into the same or other products.
“Retailer” means any person, corporation, partnership, business, facility, vendor, organization or individual that sells or provides merchandise, goods or materials, including, without limitation, clothing, food, or personal items of any kind, directly to a customer. “Retailer” includes, without limitation, any department store, grocery store, hardware store, pharmacy, liquor store, restaurant, catering truck, convenience store, and any other retail store or vendor.
“Recycled paper carryout bag” means a carryout bag made from one hundred percent (100%) recycled material or other post-consumer content and is one hundred percent (100%) recyclable.
“Reusable carryout bag” means a carryout bag that has all the following characteristics:
1. Designed and manufactured for at least one hundred twenty-five (125) uses.
2. Weight-carrying capacity of at least twenty-five (25) pounds over a distance of one hundred seventy-five (175) feet.
3. Stitched handles.
4. Made of cloth, fiber, or other fabric or a recycled material such as polyethylene terephthalate (PET).
A “reusable carryout bag” does not include bags made of biologically based polymers such as corn or other plant sources; except that a carryout bag made of hemp is a reusable carryout bag if it is designed and manufactured in accordance with the aforementioned characteristics.
“Single-use plastic carryout bag” means a disposable carryout bag made predominantly of plastic derived from natural gas, petroleum, or a biologically based source, such as corn or other plant sources, and that is provided to a customer at the point of sale. (Ord. No. 2022-07 §2 (Exh. A)).