Item 3: Ordinance on Plastic Bags

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Staff recommends revising section 6.865 to read: (d) Vendors at farmers markets retail fairs are not subject to indicating on the customers transaction receipt the total amount of the paper bag pass-through charge required in section 6.860(b) of this code. If the council approves of this revision, staff recommends the following definition of retail fair to be included in the definition section. Retail Fair - An event which provides small independent vendors the opportunity for direct sales to the public. Examples include farmer’s markets, county fairs, holiday fairs, etc. 3.Addition of Rulemaking To develop rules for implementing this ordinance, it must include language providing the City Manager or designee this authority. Staff recommends the addition of the following language: “The City Manager shall adopt rules under section 2.019 of this code concerning the reduction of single-use plastic bags. The rules may address, but are not limited to, the establishment of procedures, policies and operating practices which are required for implementation of this section.” 4.Addition of Penalty Clarification The proposed ordinance does not specify where the collected penalties will be distributed. Staff recommends that all administrative civil penalties collected pursuant to the enforcement of this ordinance be deposited into the City’s solid waste license fund to cover the cost of enforcement efforts and assist with waste prevention awareness programs. 5.Addition of Business Hardship Exemption The proposed ordinance has a placeholder for business hardship exemptions. Staff researched a number of ordinances for background on this item. The City of Corvallis and City of Portland ordinances do not include language for business hardship exemptions. The City of Austin, the City of Bellingham, the City of San Francisco, and Santa Cruz County all have language for business hardship exemptions. Staff reviewed the existing language in these various codes and drafted the language below. Staff recommends the following for business hardship exemption: “The City Manager or the designee may exempt a retail establishment from the requirement set forth in Section 6.855-6.860 of this chapter for a one-year period upon the retail establishment showing, in writing, that this chapter would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The decision to grant or deny an exemption shall be in writing, and the City Manager’s or designee’s decision shall be final.” If the council approves of this revision, staff recommends the following definition of undue hardship to be included in the definition section. Undue hardship - Circumstances or situations unique to the particular retail establishment such that there are no reasonable alternatives to single-use plastic carryout bags or a paper bag pass-through cannot be collected. S:\CMO\2012 Council Agendas\M120917\S1209173.doc