[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 9-4-2019 by L.L. No. 9-2019[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law was originally adopted as Ch.
170 but was renumbered to maintain the organization of the Code.
This chapter shall be known as the "Bag Waste Reduction Law
of the Town of Mamaroneck."
A.Â
The State of New York amended Article 27 of the Environmental Conservation
Law by adding a new Title 28 (Bag Waste Reduction) which will become
effective on March 1, 2020. The purpose of this chapter is to incorporate
the new state law into the laws of the Town of Mamaroneck.
B.Â
The Town Board determines that a shift to reusable bags in most retail
transactions will benefit the overall health, safety and welfare of
the Town and the environment. The Town Board also finds that a fee
for using nonreusable bags is essential if there is to be a transition
to reusable bags because such a fee will encourage consumers to use
reusable bags rather than bags for which a fee is charged. Furthermore,
the Town Board agrees with the Supreme Court of the State of Colorado
which in Colo. Union of Taxpayers Found. v City of Aspen, 418 P.3d
506 (Colo. 2018) held that the imposition of a fee for using single-use
bags is not a tax; but a fee designed to promote health, safety and
welfare.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section:
A bag used solely to contain or wrap uncooked meat, fish or
poultry;
A bag used by a customer solely to package bulk items such as
fruits, vegetables, grains or candy;
A bag used solely to contain food sliced or prepared to order;
A bag used solely to contain a newspaper for delivery to a subscriber;
Bags sold in bulk to a consumer at the point of sale;
Trash bags;
Food storage bags;
Garment bags;
Bags prepackaged for sale to a customer;
Plastic carryout bags provided by a restaurant, tavern or similar
food service establishment, as defined in the state sanitary code,
to carry out or deliver food; or
Bags provided by a pharmacy to carry prescription drugs.
A paper bag, other than an exempt bag, that is provided to
a customer by a person required to collect tax to be used by the customer
to carry tangible personal property, regardless of whether such person
required to collect tax sells any tangible personal property or service
to the customer, and regardless of whether any tangible personal property
or service sold is exempt from tax under Article 28 of the Tax Law.
Any vendor of tangible personal property subject to the tax
imposed by Subdivision (a) of § 1105 of the Tax Law.
Any plastic bag, other than an exempt bag, that is provided
to a customer by a person required to collect tax to be used by the
customer to carry tangible personal property, regardless of whether
such person required to collect tax sells any tangible personal property
or service to the customer, and regardless of whether any tangible
personal property or service sold is exempt from tax under Article
28 of the Tax Law.
A.Â
Commencing on December 1, 2019, no person required to collect tax shall distribute any plastic carryout bags to its customers unless such bags are exempt bags as defined in § 60-3 of the Mamaroneck Town Code.
B.Â
Commencing on December 1, 2019, no person required to collect tax
shall prevent any person from using a bag of any kind that they have
brought for purposes of carrying goods.
A.Â
Commencing on December 1, 2019, a person required to collect tax
may provide a customer with a paper carryout bag only if it collects
from the customer a paper carryout bag reduction fee of $0.05 for
each paper carryout bag it provides to the customer. The paper carryout
reduction fee and the number of paper carryout bags provided must
be separately stated on the sales slip, invoice, receipt, or other
statement of the price rendered to the customer. The persons collecting
paper carryout bag reduction fees shall be allowed to retain the sums
collected.
B.Â
The paper carryout bag reduction fee shall not be collected from
any customer using the supplemental nutritional assistance program,
special supplemental nutrition program for women, infants and children,
or any successor programs used as full or partial payment for the
items purchased.
If the County of Westchester imposes a paper carryout bag reduction
fee through the adoption of a local law, ordinance or resolution,
the paper carryout reduction fee imposed by this chapter shall remain
in full force and effect until the day before the first anniversary
of the effective date of County of Westchester's local law, ordinance
or resolution imposing a paper carryout bag reduction fee.
A person required to collect tax who violates any provision of this chapter shall receive a warning notice for the first such violation but shall be liable to the Town of Mamaroneck for a civil penalty of $250 for the first violation after receiving a warning and a civil penalty of $500 for any subsequent violation. A person required to collect tax may request a hearing before the Town Board to contest the imposition of a civil penalty pursuant to § 60-7 of the Mamaroneck Town Code.
