HomeMy WebLinkAbout2022-23 an Ordinance Repealing and Reenacting Chapter 13 of Title 5 of the Vail Town Code, Regarding Carryout Bag Requirements and FeesORDINANCE NO. 23
SERIES 2022
AN ORDINANCE REPEALING AND REENACTING CHAPTER 13 OF
TITLE 5 OF THE VAIL TOWN CODE, REGARDING CARRYOUT BAG
REQUIREMENTS AND FEES
WHEREAS, the Town has a duty to protect the natural environment, the economy
and health of its citizens and guests;
WHEREAS, the Town is committed to environmental protection and stewardship;
WHEREAS, reducing the use of disposable carryout bags has a positive impact
on the local environment, including reducing pollution, greenhouse gas emissions, litter,
harm to wildlife, water consumption, energy consumption and solid waste generation;
WHEREAS, in March 2015, the Town Council adopted Ordinance No. 2, Series of
2015, which prohibited disposable plastic bags and required a charge for the use of
disposable paper bags at grocers;
WHEREAS, the Colorado Legislature has adopted the Plastic Pollution Reduction
Act, which will impose a statewide carryout bag fee on January 1, 2023, and will prohibit
distribution of single -use plastic carryout bags on January 1, 2024; and
WHEREAS, the state legislation requires amendments to the Vail Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 5, Chapter 13 of the Vail Town Code is hereby repealed in its
entirety and reenacted follows:
CHAPTER 13: CARRYOUT BAGS
5-13-1: PURPOSE:
The purpose of this Chapter is to protect the public health, safety and
welfare by encouraging the use of reusable carryout bags and discouraging
the use of disposable carryout bags.
5-13-2: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
CARRYOUT BAG: A bag that is furnished to a customer at a store at the
point of safe for use by the customer to transport or carry purchased items,
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but excluding: a bag made of paper when the paper has a basis weight of
30 pounds or less; a bag that a pharmacy provides to a customer
purchasing prescription medication; a laundry, dry cleaning or garment bag;
or a bag that a customer uses inside a store to package loose or bulk items,
such as fruits, vegetables, nuts, grains, candy, greeting cards, small
hardware, live insects, fish crustaceans, mollusk or other small species,
bulk seed, livestock or pet feed, or to contain or wrap unwrapped prepared
foods, meat, seafood, fish, flowers, potted plants or other items that, if they
were to come into contact with other items, could dampen or contaminate
the other items.
CONTAINER: A receptacle upon which or inside which food may be placed
for consumption, whether or not the receptacle can be fully closed, including
hinged food containers, plates, bowls, and trays.
FOOD: 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, but excluding a drug, as defined in C.R.S. § 25-5-402(9).
GROCER: A retail business located in a permanent building containing at
least 4,000 square feet of retail space, that operates year round as a full
line, self-service market offering for sale staple foodstuffs, meats, produce
or other perishable items for off -premises human consumption, but
excluding businesses at which foodstuffs are an incidental part of the
business.
PLASTIC: 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 that retain their defined shapes during
their life cycle and after disposal.
POINT OF SALE: A check-out stand, cash register, or other point in a store
or retail food establishment at which a sales transaction occurs, or for
products that are ordered remotely from a store or retail food establishment
and delivered, the location where the products are delivered.
RECYCLED PAPER CARRYOUT BAG: A paper carryout bag made from
one hundred (100) percent recycled material or other post -consumer
content.
RETAIL FOOD ESTABLISHMENT: Has the meaning set forth in C.R.S. §
25-4-1602(14), except it does not include farmers' markets and roadside
markets as described in C.R.S. § 25-4-1602(14)0).
REUSABLE CARRYOUT BAG: A carryout bag that is designed and
manufactured for at least one hundred twenty-five (125) uses, can carry at
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least twenty-two (22) pounds over a distance of one hundred seventy-five
(175) feet, has stitched handles, and is made of cloth, fiber, or other fabric
or recycled material such as polyethylene terephthalate (PET); excluding
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 above terms.
SINGLE -USE PLASTIC CARRYOUT BAG: A carryout bag that is a single -
use plastic product 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.
STORE. A grocer, supermarket, convenience store, liquor store, dry
cleaner, pharmacy, drug store, clothing store, or other type of retail
establishment at which carryout bags are traditionally provided to
customers, including a farmers' market, roadside market or stand, festival,
or other temporary vendor or event that includes temporary vendors.
(A) Commencing on the effective date of the ordinance codified in this
Chapter, all stores shall charge the fee established by Section 5-13-4 for
each carryout bag provided to a customer at any point of sale. Commencing
on January 1, 2024, all stores and retail food establishments shall charge
the fee established by Section 5-13-4 for each carryout bag provided to a
customer at any point of sale.
(B) Commencing on the effective date of the ordinance codified in this
Chapter, no grocer shall provide a single -use plastic carryout bag to a
customer at any point of sale. Commencing on January 1, 2024, no store or
retail food establishment shall provide a single -use plastic carryout bag to a
customer at any point of sale; provided that, until June 1, 2024, a store or
retail food establishment may provide a single -use plastic carryout bag to a
customer, for the fee established by Section 5-13-4, if the single -use plastic
carryout bag was part of the inventory of the store or retail food
establishment before January 1, 2024.
(C) A retail food establishment is exempt from this Section if it prepares
or serves food in individual portions for immediate on -premises or off -
premises consumption and is not a grocer or convenience store.
(D) This Chapter shall not prohibit a customer from using bags of any
type that the customer brings into the store or retail food establishment, or
from carrying away goods that are not placed in a bag.
5-134: CARRYOUT BAG FEE:
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(A) The carryout bag fee shall be $0.25 per carryout bag.
(B) Stores shall record the number of recycled paper carryout bags and
single -use plastic carryout bags provided to each customer and the total
amount of the carryout bag fee charged to the customer on the customer
transaction receipt.
(C) No store may reimburse a customer for any part of the carryout bag
fee, but stores may provide incentives for the use of reusable carryout bags
through credits or rebates.
(D) Each store shall conspicuously display a sign in a location inside or
outside the store, which sign alerts customers about the carryout bag fee.
(E) The carryout bag fee shall not apply to any customer that provides
proof that they are a participant in a federal or state food assistance
program.
(F) A store may retain $0.15 of each carryout bag fee charged to be used
for:
(1) Providing educational information to customers;
(2) Training staff in the implementation and administration of the
carryout bag fee;
(3) Improving or altering infrastructure to allow for the
administration, collection, implementation and reporting of the carryout bag
fee; and
(4) Providing recycled paper carryout bags and reusable carryout
bags to customers.
(G) The remaining $0.10 of each carryout bag fee shall be paid to the
Town, and the Town shall deposit all revenues from carryout bag fees in a
designated waste reduction fund, to be used for:
(1) Producing and providing reusable carryout bags to Town
residents and guests;
(2) Providing education and outreach campaigns to raise
awareness about waste reduction, recycling and compost;
(3) Funding programs and infrastructure that allow the community
to reduce waste and recycle;
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(4) Purchasing and installing equipment designed to minimize
waste pollution, including recycling containers and waste receptacles;
(5) Funding community cleanup or collection events and other
activities to reduce waste;
(6) Maintaining a public website for the purpose of educating the
Town's residents and guests on waste reduction efforts; and
(7) The administration of the carryout bag fee.
(H) The carryout bag fee shall be paid pursuant to all applicable
provisions of the Town's safes tax code, including administration, collection
and enforcement. The Town shall provide the necessary forms for stores
to file individual returns with the Town to demonstrate compliance with this
Chapter. Notwithstanding this method of collection, the carryout bag fee is
not a tax.
(A) Each store shall maintain accurate and complete records of the
carryout bag fees collected under this Chapter and the number of carryout
bags provided to customers, and shall also maintain such books, accounts,
invoices, or other documentation necessary to verify the accuracy and
completeness of such records. All such documents and records shall be
maintained for a period of three (3) years from the end of the calendar year
of such records.
(B) If requested, each store shall make the foregoing records available
for inspection and audit by the Town during regular business hours so that
the Town may verify compliance with this Chapter.
5-13-6: VIOLATION AND PENALTY:
(A) It is unlawful to violate this Chapter. Each violation of this Chapter
shall constitute a separate offense.
(B) Violations of this Chapter shall be punishable as follows-
(1) First violation in any calendar year: a fine of $50;
(2) Second violation in the same calendar year: a fine of $100;
and
(3) Third orsubsequent violation in the same calendar year: a fine
of $300.
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Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or park thereof,
theretofore repealed.
Section 6. This ordinance shall take effect on January 1, 2023.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST RE DING this 6tn day of December, 2022 and a
public hearing for second reading of O set for the 20th day of December,
2022, in the Council Chambers of� i 'Iding, Vail, Colorado.
ATTEST:
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON S
this 20th day of December, 2022.
ATTEST:
Steph ie Bibbens, Town Cleric
, Mayor
Aim
NG AND ORDERED PUBLISHED
O��RATED�
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