A. “Customer” means any person obtaining goods from a retail establishment.

B. “Chapter” means Chapter 8.60 of the Marina Municipal Code.

C. “City” means the city of Marina.

D. “Effective date” means the effective date of the ordinance enacting this chapter.

E. “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, dresses, coats, or the like without crushing or wrinkling the same.

F. “Mils” is the thickness of a material measured in increments of one-thousandth of an inch.

G. “Nonprofit charitable reuser” means a charitable organization which is tax-exempt under Section 501(c)(3) of the Internal Revenue Code, 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. Nonprofit charitable reusers are not considered retail establishments for the purpose of this chapter.

H. “Person” means any individual, sole proprietorship, firm, association, organization, partnership (whether limited or general), corporation, limited liability corporation, political subdivision, government agency, municipality, industry, public or private corporation, trust, joint venture, regulatory authority, or any other entity.

I. “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” does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed, or mixed.

J. “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, which is prepared on the premises, to be eaten on or off its premises. Public eating establishments are not considered retail establishments for the purpose of this chapter.

K. “Recycled paper bag” means a bag that contains no old growth fiber and a minimum of forty percent post-consumer recycled content, is one hundred percent recyclable, and has printed in a highly visible manner on the outside of the bag the words “Reusable” and “Recyclable,” the name and location of the manufacturer, and the percentage of post-consumer recycled content.

L. “Retail establishment” means any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer and that is located within or doing business within the city. The term “retail establishment” includes farmers’ markets. The term “retail establishment” does not include public eating establishments, nonprofit charitable reusers, and wholesale agricultural produce packing and shipping businesses.

M. “Reusable bag” means a bag with handles that is specifically designed and manufactured to be reused at least one hundred twenty-five times and that is either (1) made of cloth or other washable natural or synthetic fibers that can be cleaned and disinfected, or (2) made from plastic film that is at least four mils thick and capable of being cleaned and disinfected.

N. “Single-use carryout bag” means a bag, other than a reusable bag or recycled 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 retail establishment. Single-use carryout bags do not include bags, a maximum of eleven by seventeen inches, without handles provided to the customer for the following purposes: (1) to transport produce, bulk food or meat from a product, bulk food or meat department within a store to the point of sale; (2) to transport produce, bulk food, or other items to the point of sale at a farmers’ market; (3) to hold prescription medication dispensed from a pharmacy; (4) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a bag; or (5) a garment bag regardless of size. (Ord. 2014-05 § 1 (Exh. 1), 2014)