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CIT""OF CARLSBAD -AGENl:-''1BILL
AB# 9 :;;s,R -I TITLE!
MTG. 1/12/88
DEPT. R/AG
RECOMMENDED ACTION:
WINE COOLER AND SPIRIT COOLER
RECYCLING PROGRAM
DEPT.H~..
CITYA
CITY MG .
Introduce Ordinance No. NS -J. , establishing a wine cooler and
spirit cooler recycling prog~am.
ITEM EXPLANATION:
At the City council meeting of December 22, 1987, you adopted
Resolution No. 9321 supporting Assembly Bill 612 (Sher). AB 612
would broaden the scope of the California Beverage container
Recycling and Litter Reduction Act to include "wine coolers," as
defined within the bill. Copies of the resolution have been sent
to the appropriate representatives in Sacramento.
In addition, Council directed staff to set the matter of an
ordinance which would establish a local wine and spirit cooler
container redemption and recycling program to a public hearing.
This ordinance would not be adopted until after January 31, 1988,
and only if the State Legislature fails to adopt AB 612.
The proposed ordinance would require that a distributor may not
sell, or offer to sell, a wine cooler or spirit cooler container
to a dealer for sale by the dealer within the city unless the
distributor charges and the dealer agrees to pay a refund value
of not less than five cents ($0.05). Further, the dealer who
sells the wine cooler, or spirit cooler, in containers shall not
refuse to pay the consumer a refund value for the container of
less than five cents ($0.05). The container must be marked that
it has a refund value and must be a brand or type which the
dealer sells.
FISCAL IMPACT:
staff time involved in the implementation and enforcement of the
proposed ordinance,
EXHIBITS:
1. Resolution No. 9321, urging enactment of Assembly Bill 612 .
2 . Ordinance No. NS -,1 , establishing a wine cooler and
spirit cooler recycling program.
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RESOLUTION NO. 9321
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, URGING
ENACTMENT OF ASSEMBLY BILL 612
EXHIBIT 1
WHEREAS, Assembly Member By:--on Sher has introduced Assembly Bill
612 into the California State Legistlature; and
WHEREAS, Assembly Bill 612 would broaden the scope of the California
Beverage Container Recycling and Litter Reduction Act, adopted by the
Legislature in 1986, and would provide that "wine coolers," as defined within
Assembly Bill 612, would be contained within the definition of "beverage, 11 for
purposes of the California Beverage Container Recycling and Litter Reduction
Act; and
WHEREAS, the inclusion of wine coolers as "beverages" is a logical and
equitable way to increase the effectiveness of the California Beverage Container
Recycling and Litter Reduction Act; and
WHEREAS, the adoption of Assembly Bill 612 would help reduce roadside
litter and litter in public places throughout the State of California, and would
also increase the ability of the State of California to recycle and reuse impor-
tant and valuable materials; and
WHEREAS, the adoption of Assembly Bill 612 would be to the advantage of
all Californians, and to the citizens of the City of Carlsbad.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby supports Assembly Bill 612.
PASSED, APPROVED AND AD,OPTED at a regular meeting of the City
Council of the City of Carlsbad held the
by the following vote, to wit:
22nd day of December , 1987,
II II II I/
l AYES: Council Members Lewis, Kulch.in, Pettine, Man:aux and Larson
2 NOES: None
3 ABSENT: None
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ATTEST:
(SEAL)
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ORDINANCE NO. _N_S-_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 VAWE FOR WINE
COOLER AND SPIRIT COOLER CONTAINERS.
The City Council of the City of Carlsbad, Califo~nia
does ordain as follows:
WHEREAS, the City Council finds that littered wine
cooler and spirit cooler containers constitute a danger to the
health, welfare, and safety of the residents of the City, and
contribute significantly and in rapidly increasing proportion to
the destruction of the natural beauty of the city's streets, parks
and other areas thereof: and
WHEREAS, the City Council further finds that the
practice of discarding wine cooler and spirit cooler containers is
a wasteful one, depleting our natural resources and squandering
valuable energy, as well as seriously burdening the litter und
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 Recycling
and Litter reduction Act (hereinafter "the Act"), among other
things, establishes a redemption value for every nonrefillable
"beverage" container sold within the State of California on or
after September 1, 1987; and
WHEREAS, the City council further finds that the Act,
for purposes of its provisions, defines "beverage" as meaning beer
and other malt beverages, carbonated mineral and soda waters, and
similar carbonated soft drinks, and therefore does not include
l wine cooler or spirit cooler within its definition of "beverage";
2 and
3 WHEREAS, the City Council further finds that the Act,
4 while preempting the statewide field with respect to establishing
5 redemption values for "beverage" containers, does not prohibit a
6 City from implementing or enforcing any ordinance or regulation
7 establishing a redemption value for wine cool3r and spirit cooler
8 containers; and
9 WHEREAS, the City Council further finds that wine cooler
10 sales have increased nationally from 150,000 cases in 1982 to over
ll 40 million cases in 1986, and in California alone will represent
12 approximately 40,000 tons of recyclable glass in 1987, and that
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spirit cooler sales can also be expected to increase sharply; and
WHEREAS, the City Council further finds that wine
coolers and spirit coolers are predominantly packaged in
containers similar in size and shape to many "beverage" containers
covered by the Act and are also marketed and sold to the general
public through similar channels of trade and commerce; and
WHEREAS, the City Council further finds that the
20 exclusion of wine cooler and spirit cooler containers from the Act
21 may prevent the California recycling program mandated by the Act
22 from being fully successful unless cities, counties and other
23 public agencies enact ordinances and regulations establishing
24 redemption values for wine cooler and spirit cooler containers;
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and
WHEREAS, the City council further finds that in other
states and localities a deposit has been shown to function as an
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1 incentive for the reuse and recycling of "beverage" containers
2 such as those covered by the Act, thereby alleviating litter and
3 solid waste problems without the need for any significant
4 government expenditures; and
5 WHEREAS, the City council further finds, given the
6 similarities between such "beverage" containers and wine cooler
7 and spirit cooler containers, as well as the similarities between
8 the channels of trade and commerce for such "beverages" and wine
9 cooler and spirit cooler, that the establishment of a deposit for
10 wine cooler and spirit cooler containers would l~kely achieve
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similar results; and
WHEREAS, the city council further finds and determines
that the regulation of litter and solid waste disposal and
management is in the public interest,
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
SECTION I: That Title 6 of the Carlsbad Municipal Code
is amended by the addition of Chapter 6.18 to read as follows:
CHAPTER 6.18
19 Spirit and Wine Cooler Redemption
20 section:
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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 requit·ernents.
Inspection authority.
Violation and fine.
Severability provision.
Condition of continuity.
Amendment or repeal by council.
Effective date.
6.18.010 Definitions. For the purpose of this
ordinance, the following terms shall be defined as follows:
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(a) "City" shall mean all that territory within the
corporate limits of the City of Carlsbad, state of California.
(b) "City Manager" shall mean the city manager of the
City of Carlsbad, or said manager's designated representative.
(c) "Consumer" shall mean every person who, for his or
her use or consumption, purchases wine cooler or spirit cooler in
a container from a dealer in the City.
(d) "Container" shall mean any sealed device, however
denominated, made of glass, metal, plastic, or other material or
any combination of materials, which directly holds or contains
wine cooler or spirit cooler. "Container does not include cups or
other similar open or loosely sealed x·eceptacles.
(e) "Dealer" shall mean any person who engages in the
sale to a consumer of wine cooler or spirit cooler in a container
or containers in the city.
(f) "Empty" 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 or
removed;
(2) Does not contain foreign materials other than
the residue of wine cooler or spirit cooler originally packaged in
the container;
(3) Bears the refund value marking pursuant to
Section 6.18.020(c) herein; and
(4) Is not broken, crushed, or dismembered.
(g) "Distributor" shall mean any person who engages in
the sale of wine cooler or spirit cooler in a container or
containers to a dealer in the city. "Distrihutor" includes any
person who imports or otherwise transports wine cooler or spirit
cooler in containers from outside the City for sale to a dealer in
the City.
(h) "Person" shall mean any individual person or group
of individual persons, or partnership, association, corporation,
or any other entity of any type whatsoever.
(i) "Place of business" as used herein with respect to
a dealer, shall mean the location at which a dealer sells, or
offers for sale, wine cooler or spirit cooler in a container or
containers. "Place of business" as used herein with respect to a
distributor, shall mean any location from which said distributor
directly transports wine cooler or spirit cooler in containers to
any dealer, if said location is within the state of California.
(j) "Sale" (or "sold" or "sell") shall mean any
commercial transaction (other than by vending machine) by any
dealer in which wine cooler or spirit cooler in a cont~iner or
containers is transferred to a consumer for a monetary
consideration for the purpose of off-premise consumption, or any
commercial transaction by which a distributor transfers wine
cooler or spirit cooler in a container or containers to a dealer
for a monetary consideration for the purpose of sale by the dealer
for off-•premise consumption.
(k) "Spirit Cooler" shall mean a liquid intended for
human consumption containing distilled spirits to which is added
concentrated or unconcentrated juice or flavoring material and
containing not more than eight percent alcohol by volume.
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(1) "Vending Machine: shall mean any mechanical device
which, upon insertion of coins, sells or dispenses winP cooler or
spirit cooler in containers.
(m) "Wine Cooler" shall mean a liquid intended for
human consumption containing wine to which is added concentrated
or unconcentrated juice or flavoring material and containing not
more than seven percent alcohol by volume.
6.18.020 Distribution reqµirements.
(a) Every wine cooler or spirit cooler container sold
or offered for sale by a distributor to a dealer for sale by the
dealer within the city shall have a refund value of not less than
five cents for redemption by a dealer from the distributor.
(b) It shall be unlawful for a distributor to knowingly
sell or 9ffer to sell a wine cooler or spirit cooler container to
a dealer for sale by the dealer within the City and for a dealer
to purchase such a container for such purposes from a distributor
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 sold
or offered for sale by a deal.er 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 the
con~ainer has a refund value.
(d) It shall be unlawful for a distributor to
knowingly sell or offer to sell a wine cooler or spirit cooler
container to a dealer for sale by the dealer within the city and
for a dealer to purchase such a container for such purposes or to
store or offer to sell such container for such purposes unless the
container is embossed, stamped or labeled with, or by other method
indicates the message required by subsection (c) above.
6.18.030 Retail reqµirements.
(a) Every wine cooler or spirit cooler container sold
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 offer
to sell a wine cooler or spirit cooler container within the City
unless the dealer charges a refund value of not less than five
cents.
6.18.040 Distributor redemption reqµirements.
(a) It shall be unlawful for a distributor to refuse to
accept from a dealer any empty wine cooler or spirit cooler
container which has been marked in the manner pre.scribed 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 for
such container of not less than five cents.
(b) It shall be unlawful for a distributor to refuse
to accept from a consumer 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 when the container has been delivered by the consumer
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to the distributor's place of business, or to refuse to pay the
consumer for such container a refund value of not less than five
cents.
6.18.050 Retail redemption requirements. It shall be
unlawful for a dealer who sells wine cooler or spirit cooler in
containers to refuse to redeem a wine cooler or spirit cooler
container from a consumer or refuse to pay a refund value for the
container of not less than five cents to the consumer, when the
request for redemption is made at the dealer's place of business
within the City and the container is embossed stamped or labeled
with, or by other method indicates a message that the container
has a refund value, unless either:
(a) The container is not empty; or
(b) The container contained a brand or type of wine
cooler or spirit cooler which the dealer is not offering for sale
at the time redemption is requested and has not offered for sale
for a period of at least ninety (90) days.
6.18.060 Inspection Authority. The City Manager or the
manager's designated representative is authorized to enter the
business premises during business hours of any dealer engaged in
the sale of wine cooler or spirit cooler in containers in the City
for the sole purpose of inspecting said premises and determining
whether the dealer is in compliance with this ordinance.
6.18.070 Violation and fine. Any dealer or distributor
found in violation of any provision of this ordinance shall be
guilty of a misdemeanor and shall be punished by a fine not
exceeding three hundred dollars. For purposes of this ordinance,
each day of a continuing violation shall constitute a separate
offense.
6.18.080 Severability provision. The provisions of
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 person
or circumstances, such illegality, invalidity, or
unconstitutionality or inapplicability shall not affect or impair
any of the remaining provisions, sentences, clauses, sections or
parts of this ordinance or their application to persons and
circumstances, further, this ordinance is not intended to infringe
upon, or conflict with, any powers reserved to the state under
Article XX, Section 22 of the constitution of the State of
California.
6.18.090 Condition of continuity. The provisions of
this section herein notwithstanding, if the State of California
enacts a statute which establishes a refund value for, or amends
the "California Beverage Container Recycling and Litter Reduction
Act" to include, or otherwise occupies the field of regulaticn of,
wine cooler and spirit cooler containers sold to consumers in this
state, this chapter shall, by its own t6rms, cease to be of any
force or effect on the date such statute or regulation becomes
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effective4 Should the State of California so act with respect
only to wine cooler containers, or with respect only to spirit
cooler containers, this chapter shall, by its own terms, cease to
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 in
effect with respect to the category of contaim1rs not so covered.
5 6.18.100 Amendment or repeal by Council. The
provisions of this ordinance may from time to time be amended and
6 at any time repealed by ordinances duly enacted by the City
council.
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6.18.110 Effective date. This ordinance shall become
8 operative and be enforceable on January 1, 1989.
9 EFFECTIVE DATE: This ordinance shall be effective
10 thirty days after its adoption, and the City Clerk shall certify
11 to the adoption of this ordinance and cause it to be published at
12 least once in the Carlsbad Journal within fifteen days after its
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adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad city council on the 26th
1988, and thereafter;
7
day of Janua,:y
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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
VI y Attorney
• kt~
C IS, Mayor
ATTEST:
A ,1'«-'=~z, city Clerk
City Clerk
8
NOTICE OF PUBLIC HEARING
WINE AND SPIRIT COOLER RECYCLING PROGRAM
NOTICE IS HEREBY GIVEN that the City Council of the City of
Carlsbad will hold a public hearing on Tuesday, January 12, 1988,
at 6:00 P.M., in the City council Chambers, 1200 Elm Avenue,
Carlsbad, to consider an ordinance establishing a wine and spirit
cooler recycling program.
If you have any questions regarding this matter, please call the
Research/Analysis Group at 434-2847.
If you challenge the wine and spirit cooler recycling program in
court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City of
Carlsbad City Clerk's Office at or prior to the public hearing.
APPLICANT: City of Carlsbad Carlsbad City Council
PUBLISH: December 30, 1987
(Form A)
TO: CITY CLERK'S OFFICE
JAMES C. HAGAMAN
FROM: Research/Analysis Group Manager
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice ___ _
'the Wine Cooler and Spirit Cooler Recycling Program
for a public hearing before the City Council.
Please notice the item for the Council meeting of
January 12, 1988
Thank you.
-------
Date
:-Carlsbad Journal
Decreed A Legal Newspaper by the Superior Court of Son Diego County
Moil all correspondence regarding public notice advertising to
North Coast Publishers, Inc. corporate offices, P.O. Box 878, Encinitas, CA 92024
(619) 753-6543
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighreen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Can ,,ad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San Diego, State of C:ilifornia, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of payi:,g •
subscribers, and which newspaper has been established, printed and published at regular intervals in 'j
the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next
N202·2M•7 86
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preceding the date of publication of the notice
hereinafter referred to; and that the notice of
which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
December 30 87 19 ....
19 ....
19 ....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ....
................................. 19 ....
I certify under penalty of perjury that the foregoing is true and
correct. Executed at Carlsbad, County of San Diego, State of
California on Tbe 30th
day of Dece7;[(JtJcl 0
Clerk of the Printer