The intent of this article is to adopt regulations relating
to and limiting the use of single-use plastic bags, plastic utensils,
polystyrene foam containers and plastic straws/coffee stirrers, to
further incentivize the use of reusable bags at businesses, and ultimately,
to protect the environment, wildlife and the public health, welfare
and safety.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular number, and words used in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
All Long Branch facilities shall be prohibited from using
single-use plastic bags, polystyrene foam food containers plastic
straws/stirrers. All Long Branch facilities shall include City of
Long Branch municipal departments, Long Branch concessions, City of
Long Branch sponsored events, and Long Branch permitted events including
event organizers, agents of the event, event food vendors and any
other party, including nonprofit organizations who enter into an agreement
with one or more of the cosponsors of the event to distribute prepared
food or merchandise at the event or otherwise provide an event-related
service.
Any live or previously live and now frozen substance used
to attract and catch fish for the purpose thereof.
Any retail establishment that engages in the retail sale
of goods and products. This definition includes but is not limited
to pharmacies, supermarkets, grocery stores, convenience stores, clothing
stores, surf shops, liquor stores, food marts, bars and food service
establishments that provide carry-out plastic bags to consumers in
which to place items purchased at such an establishment.
Any establishment or food truck which serves made-to-order
food or beverages for dine-in, take-out or delivery.
Things and items that are prepared and made to be sold, including,
but not limited to, clothing, groceries, prepared food, foodstuffs,
meat, dairy, merchandise, books, jewelry, alcohol, tobacco products,
toys and beverages and any all other things and items sold at retail
by businesses and stores.
Any bag without handles that is used exclusively to segregate
produce, meat, other food items and merchandise to the point of sale
inside a store or to prevent such items from coming into direct contact
with other purchased items, where such contact could damage or contaminate
other food or merchandise when placed together in a reusable or recycled
bag or a bag used to hold prescription medication dispensed from a
pharmacy.
A paper carry-out bag provided by a business or street vendor
to a customer at the point of sale that meets all of the following
requirements:
Except as provided in Subsection B below of this definition, the paper carry-out bag shall contain a minimum of 50% recycled, with at least 40% postconsumer content, materials.
An eight-pound or smaller recycled paper bag shall contain a
minimum of 20% postconsumer recycled material.
Printed on the paper carry-out bag is the minimum percentage
of postconsumer content.
The sale of goods and product for use and/or consumption.
A durable carry-out bag with stitched handles for reinforcement
made from any natural or synthetic material other than plastic film,
including but not necessarily limited to woven or nonwoven plastic
or cloth that is at least 10 mils thick and that is specifically designed
and manufactured for multiple reuse and that is machine washable or
is made from material that can be cleaned or disinfected regularly.
A bag, sheet or receptacle produced or manufactured from
material more commonly known as plastic or polyethylene provided at
the check-out stand, cash register, point of sale or other point of
departure for the purpose of transporting goods or products out of
the establishment. The term "single-use plastic carry-out bag" does
not include reusable bags, produce bags, garbage bags or garment bags.
Any person or business peddling, vending, selling or displaying
for sale on a seasonal or one-time basis any merchandise or food that
is presented from a mobile setting including a vehicle, cart, tent,
table or stand. This includes all businesses at farmers' markets,
street festivals and other events requiring group or special event
permits as described in the Code of the City of Long Branch.
A.
No store,
business or street vendor in the City of Long Branch shall provide
any single-use plastic carry-out bags to a customer at the point of
sale unless otherwise permitted in this chapter.
B.
All stores,
businesses and street vendors shall provide or make available to a
customer only recyclable paper carry-out bags or reusable bags for
the purpose of carrying away goods or other materials from the point
of sale, subject to the terms of this chapter. Nothing in this chapter
shall prohibit customers from using bags of any type that they bring
to the store themselves or from carrying away goods that are not placed
in a bag, in lieu of using bags provided by the store.
C.
Each store,
business and street vendor is strongly encouraged to educate its staff
to promote reusable bags and to post signs encouraging customers to
use reusable bags.
A.
A single-use
carry-out bag does not include any of the following:
(1)
A bag
(produce bag or product bag) to hold prescription medication dispensed
from a pharmacy;
(2)
A non-handled
bag (produce bag or product bag) used to protect a purchased item
from damaging or contaminating other purchased items when placed in
a recycled paper bag or a reusable bag;
(3)
A bag
(produce bag or product bag) provided to contain an unwrapped food
item;
(4)
A non-handled
bag that is designed to be placed over articles of clothing on a hanger;
(5)
Bags
used for holding and transporting ice;
(6)
Small
clear plastic bags of less than four inches in depth that are commonly
provided to customers by hardware stores to hold screws and bolts
and other small items;
(7)
Newspaper
bags; and
(8)
Bags
used for the purpose of containing fish or fishing bait.
