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HomeMy WebLinkAbout1988-11-22; City Council; 9750; Repeal of Wine & Cooler Recycling Program. \0 -:t I C/l z . "C 1-1 0 '\:I QJ u ::, '\:I 0 1-1 +.I c:: .... .-1 •r-1 u c:: 0 ::, 0 w u f5 00 00 a: -a.. N a.. N -4: -.-1 .-1 z 0 § -c _, c3 z ::, 0 (.) C:·-V OF CARLSBAD -AGENN\ BILL Al:UL C\/)~o l"\Uff ' I-' Repeal of Ordinance No. NS-1 Wine & Cooler Recycling Program DEPT. HD. -1 Ii CITY AnvVQS CITYMGR~ MTG. 11-22-88 DEPT. R/AG RECOMMENDED ACTION: Introduce ordinance No.O~-~~ repealing chapter 6.18 of Title 6 of the Carlsbad Municipal code, disestablistling a wine cooler and spirit cooler recycling Program. ITEM EXPLANATION: At the City Council meeting on December 22, 1987, Resolution No. 9321 supporting Assembly Bill 612 {Sher) was adopted. Assembly Bill 612 broadens the scope of the California Beverage container Recycling and Litter Reduction Act to include 11 Wine Coolers," as defined within the bill. on February 2, 1988 the council further demonstrated the City's support for the comprehensive bill by adopting Ordinance No. NS-1 establishing a local wine and spirit cooler container redemption and recycling program. This program becomes effective January 1, 1989 . On June 13, 1988 Assembly Bill 612 was chaptered, primarily due to the strong support of many cities like Carlsbad. The state law was amended during the legislative process, however, to become affective January 1, 1990 instead of January 1, 1989 as originally intended. on this effective date no city, county or other public agency may enforce or implement any existing or new ordinance, resolution, regulation, or rule establishing recycling -related refund or redemption values, deposits, or similar fees relating to these containers in the state unless expressly authorized by Section 14529 of the Public Resources Code. During the interim between the effective dates of Ordinance NS-1 (January 1, 1989) and Assembly Bill 612 (January 1, 1990) excessive burdens will be placed on distributors, dealers and local enforcement personnel alike who will attempt to adjust operating procedures and practices to accommodate this ordinance which will not be uniformly applied throughout the county or state in 1989. Examples of such burdens are: labeling, disposal and storage of the containers. Ordinance NS-1 has fulfilled its original intent to encourage the passage of AB 612 and now represents a potential burden to several segments of the community during the year 1989. Therefore, staff is recommending the repeal of Ordinance NS-1. Page 2 of AB q ')SO EXHIBITS: 1. Ordinance No. NS,J./w, disestablishing a local wine cooler and spirit cooler recycling program. 2. Ordinance No. NS-1 establishing a local wine cooler and spirit cooler recycling program. 3. Assembly Bill 612, amending the California Beverage Container Recycling and Litter REduction Act to include wine and spirit coolers in its definition of "beverage". ORD !NANCE NO. _____ Ns __ -..;.;4 6"'---- 0RD I NANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING CHAPTER 6.18 OF TITLE 6 OF THE CARLSBAD MUNICIPAL CODE DISESTABLISHING A REDEMPTION FOR WINE COOLER AND SPIRIT COOLER CQNTAINERS The City Council of the City of Carlsbad, California does ordains follows: WHEREAS, the CITY COUNCIL finds that the California Beverage Container Recycling and Litter Reduction Act (herein after "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 Assembly Bill 612, chaptered on June 13, 1988, amends the Act to include wine and spirit coolers in its definition of "beverage" effective January 1, 1990; and WHEREAS, the CITY COUNCll further finds that the inclusion of wine cooler and spirit cooler containers in the Act now enables the Califor,1ia recycling program mandated by the Act to be fully successful; and WHEREAS, the CITY COUNCIL further finds that the Act prohibits a city from implementing or enforcing any ordinance or regulation establishing a redemption value for wine cooler and spirit cooler containers; and WHEREAS, the CITY COUNCll further finds that the interim between the effective dates of Ordinance NS~l (January 1, 1989) and Assembly Bill 612 (January 1, 1990) will place excessive burdens on distributors, dealers aild local enforcement personnel, NOW THEREFORE, BE IT ORDAINED AS FOLLOWS SECTION I: That Title 6, chapter 6.18 of the Carlsbad Municipal code entitled "Spirit and Wine Cooler Redemption" is hereby repealed. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 22nd day of November, 1988, and thereafter l l I ' i f ) I 0 < ~i!l! 8~z~ 1~~g . u 3 I&, • lE ► w • ;1;1 >~ ~ 5 <5 l PASSED AND ADOPTED at a regula~ ~e~ting of the City 2 Council of the City of Carlsbad on the 6th day of December 3 1988, by the following vote, to wit: 4 5 AYES: NOES: Council Members Lewis, Pettine and Larson None 6 ABSENT: Council Member Kulchin ABSTAIN: Council Member Mamaux 7 APPROVED AS TO FORM ,._AND LEGALITY 8 9 10 ll .. ft ... ,.. . 13 AT'l'ES'.C: 14 {1£:ti~ /~ (? ~ 15 ALETHA L. RAU'l'ENKRANZ, Citf Clerk 16 17 18 19 20 21 22 23 24 25 26 27 28 8 • ( i 1 I 1 0 < ID m ~ !!;~ • 0 W < 8 LI.:::) z z O ffi a: o~>fl iii -~ -0 ::E _, ~ . _, ~ ... ► w • zw~o w z < U :s .-ID ~ I= ~ >< ~ ► CJ !:: 0 l 2 3 4: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2Z 23 24 25 26 27 28 ORDINANCE NO. _N_S-_l'---- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAL."'CFORNIA, AMENDING TITLE 6 OF THE CARI.SBAD MUNICIPAL CODE BY ADDING CHAPl'ER 6.18 ESTABLISHING A REDEMPl'ION VAIJJE FOR WINE COOLER AND SPIRIT COOLER CONT,._A __ I=NE=RS-=..a•----- The city Council of the City of Carlsbad, Califor.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 fines 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 and solid waste collection and disposal programs of th~ 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" co1,tainer 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 aI"d 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 cooler 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 13 14 15 16 17 18 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 19 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; 25 and 26 WHEREAS, the City Council further finds that in other 27 states and localities a deposit has been shown to function as an 28 2 l 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 sp.lrit cooler containers, as well as the similarities between 8 the channels of trade and ... ommerce for such "beverages" and wine 9 cooler and spirit cooler, that the establishment of a de~osit for 10 wine cooler and spirit cooler containers would likely achieve 11 similar results; and 12 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: 21 22 23 24 25 26 27 28 6.18.010 6.18.020 6.18.030 6.18.040 6.18.050 6.18.060 6.18.070 6.1a.oso 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. Conditior of continuity. Amendment or repeal by Council. Effective date. ~.18.010 Definitions. For the purposr of this ordinance, the following terms shall be defined as follows: 3 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 receptacles. (e) "Dealer" shall mean any person who engag£!S 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 mat'erials 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. "Distributor" includes any parson 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 vendlng machine) by any dealer in which wine cooler or spirit cooler in a container or containers is transferred to a consumer for a monetary considerat:i.on 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. 4 1 2 :3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) "Vending Machine: shall mean any mechanical device which, upon insertion of coins, sells or dispenses wine 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 requirements. (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 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 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 dealer within the city shall clearly indicate by embossing orb~ a stamp or label or other method, securely affixed to the container by the distributor, that the container has a refund value. (d) It shall be unlawful for a distributor to knowingly sell or offer to sell~ 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 requirements. (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 th~n five cents. 6.18.040 Distributor ~edemption requirements. (a) It shall be unlawful for a distributor to refuse to accept from a dealer any empty wirie 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 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 5 l 2 3 4 5 6 7 8 9 10 ll 12 19 20 21 22 23 24 25 26 27 28 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 indicatea 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 avthorized 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 itfringe 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 regulation of, wine cooler and spirit cooler containers sold to consumers in this state, this chapter shall, by its own terms, cease to be of any force or effect on the date such statute or regulation becomes 6 l 2 3 4 effective. 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 containers 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 Councilv 7 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 ll 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 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 26th 1988, and thereafter; 7 day of January r, ! -. ,I l PASSED AND ADOPTED at a regular meeting of the City 2 Council of the city of Carlsbad on the 2nd day of February 3 4 5 6 7 8 10 ll 12 1988, by the following vote, to wit: AYES: NOES: Council Members Lewis, Kulchin, Pettine and Larson None ABSENT: None ABSTAIN: Council Member Mamaux APPROVED AS TO FORM AND LEGALITY C IS, Mayor l.3 ATTEST: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ''"'£\n~z, City Clerk City Clerk 8 I. 1, I I ! ,! I ~ 1987-1~88 REGhuAR SESSION \ Ch. 170 I SECTION 1. Section 10061.5 is added to the :\ei.,th and Safety Code, to read: 10061.5. The county board of supervisors may, by' r~olution, require the local regis· trar to send a copy of each certificate of death to the physician and surgeon whose sts\tement appears on the certificate pursuant to Section 10225. BEVERAGE CONTAINERS-WINE COOLERS-PREEMPTION CHAPTER 170 A.B. No. 612 AN ACT to amend Section■ 14507.5, 14529, 14561, and 14574 or, to amend, repeal, and add Section 14504 or, and to add Section 14528.5 to, the Public Resources Code, relatln1 to bevera1e containen, and maklnr an appropriation therefor. [Approved June 18, 1988] [Filed June 13, 1988] LEGISLATIVE COUNSEL'S DIGEST AB 612, Sher. Beverage containers: wine coolers: local preemption. (1) Under existing law, the California Beverage Container Recycling and Litter Reduc- tion Act, among other things, establishes a redemption value of at least le for '¼Very beverage container which is not a refillable beverage container sold in the state by a distribut:or on and after September· 1, 1987, and provides for increases, under specified circumstances, of these values t:o at least 2e on and after December 31, 1989, or after December 31, 1992, Se. These values and other fees are deposited in the California Beverage Container Recycling Fund, which is continuously appropriated to the l)epart- ment of Conservation. The act defines "beverage," for the purposes of the act, as meaning beer and other malt beverages, _carbonated mineral and soda waters, and similar carbonated soft drinks. A violation of the act is an infraction. This bill would exclude from the definition of "i;everage" any wine, or wine from which alcohol has been removed in whole or in part, whether or not sparkling or carbonated. The bill would specify that, for purposes of the act, soft drink does not include 100% fruit juice to which carbonation is added. The bill would additionally include wine and distilled spirit coolers, as defined, within the definition of beverage as of January 1, 1990, thereby imposing a state-mandated local program by creating a new crime. The bill would make a statement of legislative intent concerning the reason for the delayed operative date. The bill would make conforming changes to provisions concerning the labeling of beverage containers and the payment of redemption values to the department. The bill would als-, make an appropriation, because specified fees and the redemption values imposed on these beverage containers would be deposited in the California Beverage Container Recycling Fund. (2)·Exiating. law makea a statement that ·the llCt·occupies the whole field of regulation of ·ape.::Jfied refunds relating to beverage containers, as provided in the act, and prohibits th~ enforcement or implementation of ordin1U1ce11, resolutions, rules, or regulations of a city, county, or other public agency establishing refund or redemption values, deposits, or fees relating to beverage containers. This bill would additionally include in this statement and prohibition containers of wine and distilled spirits prodµcts. (3) Existing law defines "community conservation corps" as meaning a nonprofit benefit corporation which meets specified requirements, including consisting of not less than 60 corpsmembers and engaging in recycling and litter abatement projects. The bill would decrease to not lesa than 50 the numbers of corpsmembera required to form a community conservation corps. AddltlNa In text "' Indicated "' 1111111111-delellona "' .... • • • 607 p i ! J Ch. 170 ,.,..., STATUTE~ OF 1988 (4) 1'!11: ~ill W(?Uld make a. statement of legislati~e intent that the exclusio~ of wine from the definition of beverage 1s declaratory of existing l:i.w nnd th~t t.'1e J.,egislature never intended the act to apply to nonalcoholic wine. (5) '!'he Caliiornia Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish proce- dures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Appropriation: yes. TM ~ople of the State of California do enact as follows: SECTION 1. Section 14604 of the Public Resources Code is amended to read: 14504. !!} "Beverage" means beer and other malt beverages, carbonated mineral and soda waters, and similar carbonated soft drinks in liquid form which are intended for human consumption. ot include wine i e fro which alcohol has been removed in w er or not spar nate . c " oft drink" does not include 100 pe • • • which carbonation is added. is section shall remain in effect o 1990 and as of that date is re asn ess a ater enacte statute, w ore anuary 11 19 e etes or ex n that date. SEC. 2. Section 14604 is added to the Public Resources Code, to read: 14604. (a) "Beverage" means beer and other malt beverages, wine and distilled spirit coolers, carbonated mineral and soda waters, and similar carbonated soft drinks in liquid fonn which are intended for human consumption. (b) "Beverage" does not include wine, or wine from which alcohol has been removed in whole or in part, whether or not sparkling or carbonated. (c) "Soft drink" does not include 100 percent fruit !uice to which carbonation is added. (d) This section shall become operative on January 1, 1990. SEC. 8. Section 14507.6 of the Public Resources Code is amended to read: 14507.5. "Community Conservation Corps" means a nonprofit public benefit corpora• tion formed or operating pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, or an agency operat.ed by a city, or city and county, which is certified by the California Conservation Corps as meeting all of the following criteria: (a) The corps consists of not iess than 50 corpsmembers organized in the form of supervised work crews and selects young inen and women for participation on the basis of the criteria specified in Section 14802. (b) The corps' program is based upon a highly disciplined work experience, includes an educational component, and is designed to develop corpsmembers' character and civic consciousness through rigorous work on public projects. (c) The corps compensates co.-psmembers at not less than the federal minimum wage, and provides corpsmembers assistance in obtaining permanent employment following their participation in the corps program. (d) The corps engag:!s in recycling and litter abatement projects u well as projects which accomplish the conservationist and other purposes described in subdivisions (a) to (h), inclusive, of Section 14800, and which assist agencies of local government and other nonprofit community organizations in developing, rehabilitating, and restoring parkland&, recreational facilities, and other community resources. SEC. 4. Section 14528.5 is added to the Public Resources Code, to read: 608 Addltltnl In text IN lndlcltld !Ir lllldeltlnr, dMtfeM bf lltll'llb • • • 1 .-., 1987-1988 REGU ! SESSION Ch. 170 14528.5. "Wine and distilled spirit cooler'' means a beverage containing wine or distilled ~pirita t-0 whkh is addi!d concP.l\trat.ed or unconcentrat.ed juice or flavoriniz material and containing not more than 7 percent alcohol by volume. - Thjg section shall become operative on January 1, 1990. SEC. 5. Section 14529 of the Public Resources Code is amended to read: 14629. This division is a matter of statewide interest and concern and is applicable unifonnly throughout the state. Accordingly, this division occupies the whole field of regulation of recycling-related refund or redemption values, deposits, and similar fees relating to beverage containers, as provided in this division, and to containers of wine and distilled spirits products. No city, county, or other public agency may enforce or implement any existing or new ordinance, resolution, regulation, or rule establishing recycling-related refund or redemption values, deposits, or similar fees relating to these containers in the state unless expressly authorized by this division. If a federal !awls enacted which establishes recycling-related refund or redemption values, deposits, and similar fees, relating to beverage containers, other than a federal law only affecting federal lands, or if a state law is enacted by initiative, which establishes recycling-related refund or rediamption values, deposita, and similar fees relating to beverage containers, this division shall become inoperative. This section does not prohibit the implementation or enfor~ement of any ordinance or regulation go\'erning curbside or dropoff recycling programs operated by, or pursuant to a contract with, a city, county, or other public agency, including actions relating tc, fees, or establishing fees, for these programs. SEC. 6. Section 14661 of the Public Resources Code is amended to read: 14661. (a) On and after August 1, 1987, a manufacturer of beer and other malt beverages shall clearly indicate on every beverage container sold or offerad for sale by that beverage manufacturer in this state the message "CA Redemption Value" or "California Redemption Value,'· by either printing or emoossing the beverage container or by securely afflXing a clear and prominent stamp, label, or other device to the beverage container. (b) On and after September 1, 1987, a manufacturer of carbonated mineral and soda waters, and similar carbonated soft drinks in liquid form shall clearly indicate on every beverage container sold or offered for sale.by that beverage manufacturer in this state the message "CA Redemption Value" or "California Redemption Value" in the manner prescribed in subdivision (a), c On and after Janu 1 1990 a manufacturer of wine and distilled s irit cooler beverages s a c ear y m 1cate on every container ereo so or o e or s e It at beverage manufacturer in this state the message "CA Redemton Value" or "Cal ornia Redemption Value," by either printing or embossing the verar container or by securely afflXing a clear and prominent stamp, label, or other device to the beverage container. • @ Any refillable beverage container sold or offered for sale is exempt from subdivi- sions (a), (b) and (c). However, any beverage manufacturer or container manufacturer may place upon, or affix to, a refillable beverage container, any message which they deem appropriate relating to tl,e refund value of the container. 00 On and after October 1, 1987, no person shall offer to sell, or sell to a consumer a beverage container sub 'ect to subdivision a or which has not been labeled pursuant to this section, except or a re e verage container which is exempt from labeling, ' On and after Janu 1 1990 no rson shall offer to sell or sell to a consumer a bevera e container su ect to su V1S1on c w 1c u not n a ursuant to section, except or a re 1 a e verage cont.liner w 111 exempt rom mg. {I} The department may require that any beverage container intended for sale in this state be printed, embossed, stamped, labeled, or otherwise marked with a universal product code or similar machine-readable indicia. (h} A beverage manufacturer of beer and other malt beverages may print, emboss, or laoel a beverage container in the manner specified in subdivision (a) before August 1, 1987, and a dbtributor may distribute the beverage container to dealers and consumers MdltloM III tnt .,. llldlcaled 11r ...... ..._ 11r ...,.. • • • 609 I _,;,.:., Ch. 170 S1'A'h,.ES OF 1988 before August 1.1987. Notwithstanding any other provision of law, the department shall require the beverage manufacturer and distributor to pay t'1e department the redemption values and processing fees required by Sections 14574 ,11,nd 14575 for any of these beverage containers sold or transferred to a dealer or consumer before September 1, 1987. ill A beverage manufacturer of carbonated mineral and soda waters, and similar carbonated soft drinks in liquid form, may print, emboss, or label a beverage container in the manner specified in subdivision (a) before September 1, 1987, and a distributor may distribute the beverage container to dealers and consumers before September 1, 1987. Notwithstanding any other provision of law, the department shall require ,i.e beverage manufacturer and distributor to pay the department the redemption values .. nd process- ing fees required by Sections 14574 and 14575 for any of these beverage containers sold or transferred to a dealer or consumer before Septembel' 1, 1987. ill Any container labeled with the "CA Redemption Value" or "California Redemption Value'' message shall have the minimum redemption value established pursuant to Section 14560, which shall be paid by the distributor to the department pursuant to Section 1457 4. SEC. 7. Section 14574 of the Public P.esources Code is amended to read: 14574. (a) A distributor of beer and other malt beverages shall p11.y to the department the redemption value of every beverage container, other than a refillable beverage container, sold or transferred to a dealer, less 1 percent for the distributor's administra- tive costs. The payment shall be made not later than October 15, 1987, for labeled beverage containers sold or transfemd on or before September 15, 1987; not later than November 15, 1987, for labeled beverage containers sold or transferred after September 15, 1987, but on or before September 30, 1987; not later than December 1, 1987, for labeled beverage containers sold or transferred between Octob.?r 1, 1987, and October 81, 1987; not later than January 1, 1988, for labeled beverage containers sold or transferred between November 1, 1987, and November 30, 1987; and similarly not later than the first day of the second following month for each succ!!ssive month. (b) A distributor of carbonated mineral and soda waters and similar carbonated soft drinks in liquid form shall pay to the department the redemption value of every beverage container, other than a refillable beverage container, sold or transferred to a dealer, less 1 percent for the distributor's administrative costs, within 40 days of any sale, or in the form and manner which the department may prescribe. No redemption value applies to, or shall be paid for, any refillable bevenge container. c A distributor of wine and distilled s irit coolers shall a to the de artment the re emption va ue c every verage container, o er an a re 1 a e verage container, sold or transferred to a dealer on and after January 11 19901 less 1 percent for the distributor's administrative costs, within 40 days of any sale, or in the form and manner which the defiartment may prescribe. No redemption va!ue applies to, or sha!l be paid for, any relit able beverage contll.iner. @ Notwithstanding subdivisions (b) odd (c), and upon approval of the department, a distributor of carbonated mineral and s a waters and similar carbonated soft drinks in liquid form or a distributor of wine and distilled s irit coolers may make paymenta in accordance wi su V1S1on a . e epartment s a prescn the terms and conditions for payments pursuant to subdivision (a). SEC. 8. Since manufacturers of wine and distilled spirit coolers were not originally subject to Division 12.1 (commencing with Section 14500) of the Public Resources Code and therefore require additional time to comply with its provisions, it is the intent of the Legislature to delay the operative date of Sections 2 and 4 of this act to January 1, 1990, SEC. 9. The amendments made by the addition of subdivision (b) to Section 14504 of the Public Resources Code are declaratory of existing law. Although it is not disputed that the California Beverage Container Recycling and Litter Reduction Act does not apply to wine generally, its application to nonalcoholic wine is unclear. The purpose of this 610 MdlllNI la 'ilrt III llllllclW 11J IHNlerll!II; .itlloM bf llttrllkl • • • -1987-1988 REGUL' ' SESSION ,-. I Ch. 171 legislation is to make clear that the Legislature never intended the California Beverage Container Recycling and Litter Reduction Act to apply to nonalcoholic wine. SEC. 10. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. MOBILEHOME PARKS-CLOSURE-IMPACT REPORT CHAPTER 171 A.B. No. 3085 AN ACT to amend Section 798.56 of the Civil Code, and to amend Section 65863.7 of the Government Code, relatinr to mobllehome parka. [Approved June 13, 1988] [Filed June 13, 1988] LEGISLATIVE COUNSEL'S DIGEST AB 3085, Cortese. Mobilehome parks: closure. Existing law specixies the reasons for which a mobilehome park tenancy may be terminated by the management and the notice required for those terminations. Existing law also requires a ~rson converting a mobilehome park to another use, except as specified, or closing a mobilehome park, or ceasing the use of the land as a mobilehome park to file a. report on the impact of the conversion, closure, or cessation of use upon the displaced residents with the local legislative body or its delegated advisory agency for review. The legislative body or advisory agency may require as a condition of the change that the p,eraon take steps to mitigate the adverse impact. on displaced residents. The person making the change is also required to provide copies of the report to a resident of each mobilehome in the park. This bill would make the provisions relating to the impact report applicable when there is a chaure, cessation, or change of use of a mobilehome park as the result of a decision by e. local governmental entity or planning agency not to renew a conditional use permit or zoning variance under which the mobilehome park has operated or as a result of any other zoning or planning decision, action, or inaction. The bill would also require that the local governmental entity prepare and distribute the impact report and mitigate the adverse impact of that decision. The bill would also require that the report be given to residents at the same time ,otice is given to advise tenants of a management request for the issuance o; permits 1or a change of use of the mobilehome park. Thia bill would incorporate additional changes in Section 798.56 of the Civil Code, proposed by AB 3720, to be operative only if AB 3720 and this bill are both chaptered and become effectiv4! January 1, 1989, and this bill is chaptered last. The ~ople of the Stau of California do enact a, follow,: SECTION 1. Section 798.56 of the Civil Code is amended to read: 798.56. A tenancy shall be terminated by the management only for one or more of the following reasons: (a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relati11g to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency. Addlti..a 1ft Int III lndlcatld 11r undlttiM; dtlltiNII bJ utna • • • 611 '