HomeMy WebLinkAbout1988-02-02; City Council; NS-1; CMC 6.18 adds - Wine cooler/spirit cooler container redemption values' 4 a 0
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ORDINANCE NO. NS-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 6 OF
THE CARLSBAD MUNICIPAL CODE BY ADDING CHAPTER
6.18 ESTABLISHING A REDEMPTION VALUE FOR WINE
COOLER AND SPIRIT COOLER CONTAINFXS.
The City Council of the City of Carlsbad, Californi(
does ordain as follows:
WHEREAS, the City Council finds that littered wine
cooler and spirit cooler containers constitute a danger to th
health, welfare, and safety of the residents of the City, and
contribute significantly and in rapidly increasing proportion
the destruction of the natural beauty of the City's streets,
and other areas thereof; and
WHEREAS, the City Council further finds that the
practice of discarding wine cooler and spirit cooler containe
a wasteful one, depleting our natural resources and squanderi
valuable energy, as well as seriously burdening the litter an
solid waste collection and disposal programs of the City: and
WHEREAS, the City Council further finds that under
existing state law, the California Beverage Container Recycli
and Litter reduction Act (hereinafter "the Actss), among other
things, establishes a redemption value for every nonrefillabl
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Isbeveragels container sold within the State of California on c
after September 1, 1987; and
WHEREAS, the City Council further finds that the Ac
for purposes of its provisions, defines s'beverage's as meaninc
and other malt beverages, carbonated mineral and soda waters,
similar carbonated soft drinks, and therefore does not incluc 28
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wine cooler or spirit cooler within its definition of "bevera!
and
WHEREAS, the City Council further finds that the Acl
while preempting the statewide field with respect to establisl
redemption values for ffbeveragelt containers, does not prohibi'
City from implementing or enforcing any ordinance or regulatic
establishing a redemption value for wine cooler and spirit COI
containers; and
WHEREAS, the City Council further finds that wine c1
sales have increased nationally from 150,000 cases in 1982 to
40 million cases in 1986, and in California alone will represj
approximately 40,000 tons of recyclable glass in 1987, and th,
spirit cooler sales can also be expected to increase sharply:
WHEREAS, the City Council further finds that wine
coolers and spirit coolers are predominantly packaged in
containers similar in size and shape to many lIbeveragevv conta
covered by the Act and are also marketed and sold to the gene
public through similar channels of trade and commerce; and
WHEREAS, the City Council further finds that the
exclusion of wine cooler and spirit cooler containers from th
may prevent the California recycling program mandated by the .
from being fully successful unless cities, counties and other
public agencies enact ordinances and regulations establishing
redemption values for wine cooler and spirit cooler container
and
WHEREAS, the City Council further finds that in 0th
states and localities a deposit has been shown to function as
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solid waste problems without the need for any significant 3
such as those covered by the Act, thereby alleviating litter i 2
incentive for the reuse and recycling of ggbeveragell containers
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WHEREAS, the City Council further finds, given the 5
government expenditures; and
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and spirit cooler containers, as well as the similarities bet1 7
similarities between such llbeveragett containers and wine coolt
cooler and spirit cooler, that the establishment of a deposit 9
the channels of trade and commerce for such lgbeveragesgg and w: 8
10 wine cooler and spirit cooler containers would likely achieve
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12 WHEREAS, the City Council further finds and determi:
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management is in the public interest,
QCQK 15 t.$o
I-&" - fz82 16 SECTION I: That Title 6 of the Carlsbad Municipal C
oa2m 20 y
5 5 % 17 is amended by the addition of Chapter 6.18 to read as follows
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
t.0 k 0 18 CHAPTER 6.18
19 Spirit and Wine Cooler Redemption
20 1 Section: 21
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6.18.010
6.18.020
6.18.030
6.18.040
6.18.050
6.18.060
6.18.070
6.18.080
6.18.090
6.18.100
6.18.110
Definitions. Distribution requirements. Retail requirements. Distributor redemption requirements. Retail redemption requirements. Inspection authority. Violation and fine. Severability provision. Condition of continuity. Amendment or repeal by Council. Effective date.
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6.18.010 Definitions. For the purpose of this ordinance, the following terms shall be defined as follows:
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(a) gvCitygf shall mean all that territory within thc corporate limits of the City of Carlsbad, State of California,
(b) Itcity Manager" shall mean the city manager of t
(c) RConsumerll shall mean every person who, for hi:
her use or consumption, purchases wine cooler or spirit coolel
a container from a dealer in the City.
(d) l*Containerll shall mean any sealed device, howel
denominated, made of glass, metal, plastic, or other material
any combination of materials, which directly holds or contain: wine cooler or spirit cooler. "Container does not include CUI other similar open or loosely sealed receptacles. (e) tlDealerll shall mean any person who engages in 1 sale to a consumer of wine cooler or spirit cooler in a conta: or containers in the City.
(f) IrEmptyr1 as used herein to describe a container shall mean a container which is all of the following:
(1) Has the original seal or closure broken ( removed ;
(2) Does not contain foreign materials other the residue of wine cooler or spirit cooler originally packagc the container:
(3) Bears the refund value marking pursuant 1 Section 6.18.020(c) herein; and
(4) Is not broken, crushed, or dismembered.
City of Carlsbad, or said manager's designated representative,
(9) llDistributorll shall mean any person who engage! the sale of wine cooler or spirit cooler in a container or containers to a dealer in the city. tgDistributor1v includes a] person who imports or otherwise transports wine cooler or spi:
cooler in containers from outside the City for sale to a dealt
the City. (h) llPersontl shall mean any individual person or g:
of individual persons, or partnership, association, corporatic
or any other entity of any type whatsoever. (i) "Place of business" as used herein with respec' a dealer, shall mean the location at which a dealer sells, or offers for sale, wine cooler or spirit cooler in a container 1 containers. IIPlace of businessw1 as used herein with respect ' distributor, shall mean any location from which said distribu, directly transports wine cooler or spirit cooler in container; any dealer, if said location is within the State of Californi,
commercial transaction (other than by vending machine) by any dealer in which wine cooler or spirit cooler in a container o containers is transferred to a consumer for a monetary
consideration for the purpose of off-premise consumption, or
commercial transaction by which a distributor transfers wine
cooler or spirit cooler in a container or containers to a dea for a monetary consideration for the purpose of sale by the d for off-premise consumption. (k) lrSpirit Coolerg1 shall mean a liquid intended f human consumption containing distilled spirits to which is ad concentrated or unconcentrated juice or flavoring material an containing not more than eight percent alcohol by volume.
(j ) n1Sale*1 (or glsoldvl or lvsellgv) shall mean any
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(1) "Vending Machine: shall mean any mechanical de7
which, upon insertion of coins, sells or dispenses wine coolel
spirit cooler in containers.
(m) "Wine Coolert1 shall mean a liquid intended for
human consumption containing wine to which is added concentral or unconcentrated juice or flavoring material and containing 1 more than seven percent alcohol by volume.
6.18.020 Distribution reauirements. (a) Every wine cooler or spirit cooler container st or offered for sale by a distributor to a dealer for sale by 1 dealer within the City shall have a refund value of not less 1 five cents for redemption by a dealer from the distributor.
(b) It shall be unlawful for a distributor to know
sell or offer to sell a wine cooler or spirit cooler containe: a dealer for sale by the dealer within the City and for a dea to purchase such a container for such purposes from a distrib. unless the distributor charges and the dealer agrees to pay a refund value of not less than five cents. (c) Every wine cooler or spirit cooler container SI or offered for sale by a dealer within the City shall clearly indicate by embossing or by a stamp or label or other method, securely affixed to the container by the distributor, that th, container has a refund value.
knowingly sell or offer to sell a wine cooler or spirit coole container to a dealer for sale by the dealer within the City for a dealer to purchase such a container for such purposes o store or offer to sell such container for such purposes unles container is embossed, stamped or labeled with, or by other m indicates the message required by subsection (c) above.
(d) It shall be unlawful for a distributor to
6.18.030 Retail reauirements. (a) Every wine cooler or spirit cooler container s or offered for sale by a dealer within the City shall have a refund value of not less than five cents for redemption by a
consumer from the dealer.
(b) It shall be unlawful for a dealer to sell or o
to sell a wine cooler or spirit cooler container within the C
unless the dealer charges a refund value of not less than fiv
cents.
6.18.040 Distributor redemption requirements. (a) It shall be unlawful for a distributor to refu
accept from a dealer any empty wine cooler or spirit cooler
container which has been marked in the manner prescribed by
Section 6.18.020(c), of the kind, size and brand sold by the
distributor, or to refuse to pay to the dealer a refund value
such container of not less than five cents.
(b) It shall be unlawful for a distributor to refu
to accept from a consumer any empty wine cooler or spirit COC
container which has been marked in the manner prescribed by
Section 6.18.020(c), of the kind, size and brand sold by the
distributor when the container has been delivered by the cons
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1 to the distributor's place of business, or to refuse to pay tk
2 consumer for such container a refund value of not less than fj cents.
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6.18.050 Retail redemption requirements. It shall unlawful for a dealer who sells wine cooler or spirit cooler j containers to refuse to redeem a wine cooler or spirit cooler container from a consumer or refuse to pay a refund value for container of not less than five cents to the consumer, when tl request for redemption is made at the dealer's place of businc
within the City and the container is embossed stamped or label
with, or by other method indicates a message that the containt
has a refund value, unless either:
(a) The container is not empty: or
(b) The container contained a brand or type of wint
cooler or spirit cooler which the dealer is not offering for I
at the time redemption is requested and has not offered for si
for a period of at least ninety (90) days.
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6.18.060 Inspection Authority. The City Manager 01 manager's designated representative is authorized to enter thc business premises during business hours of any dealer engaged
the sale of wine cooler or spirit cooler in containers in the
for the sole purpose of inspecting said premises and determin. whether the dealer is in compliance with this ordinance.
6.18.070 Violation and fine. Any dealer or distril
found in violation of any provision of this ordinance shall br
guilty of a misdemeanor and shall be punished by a fine not
exceeding three hundred dollars. For purposes of this ordinal
each day of a continuing violation shall constitute a separatc
offense.
6.18.080 Severability provision. The provisions o this ordinance are hereby declared to be severable and if any provision, sentence, clause, section or part hereof is held
illegal, invalid, unconstitutional, or inapplicable to any pe
or circumstances, such illegality, invalidity, or
unconstitutionality or inapplicability shall not affect or im:
any of the remaining provisions, sentences, clauses, sections parts of this ordinance or their application to persons and circumstances, further, this ordinance is not intended to inf
upon, or conflict with, any powers reserved to the State unde Article XX, Section 22 of the Constitution of the State of California.
6.18.090 Condition of continuity. The provisions this section herein notwithstanding, if the State of Californ enacts a statute which establishes a refund value for, or ame the "California Beverage Container Recycling and Litter Reduc Act" to include, or otherwise occupies the field of regulatio wine cooler and spirit cooler containers sold to consumers in State, this chapter shall, by its own terms, cease to be of a force or effect on the date such statute or regulation become
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effective. Should the State of California so act with respecl only to wine cooler containers, or with respect only to spiril cooler containers, this chapter shall, by its own terms, cease be of any force or effect with respect to the category of
containers covered by the State enactment, on the date such statute or regulation becomes effective, and shall continue il effect with respect to the category of containers not so cove:
5 6.18.100 Amendment or repeal by - Council. The
provisions of this ordinance may from time to time be amended
Council.
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at any time repealed by ordinances duly enacted by the City
operative and be enforceable on January 1, 1989. 8
6.18.110 Effective date. This ordinance shall bec
9 EFFECTIVE DATE: This ordinance shall be effective
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to the adoption of this ordinance and cause it to be publishec 11
thirty days after its adoption, and the City Clerk shall cert.
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least once in the Carlsbad Journal within fifteen days after
adoption.
INTRODUCED AND FIRST READ at a regular meeting of t'
Carlsbad City Council on the 26th day of January I
1988, and thereafter ;
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PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the 2nd day of February
1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine and Larson
NOES : None
ABSENT : None
ABSTAIN: Council Member Mamaux APPROVED AS TO FORM AND LEGALITY
CLAUDE A.. LEWIS', Mayor
ATTEST :
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