Sec. 7-7-10. Definitions.
The following words and phrases as used in this Article shall have the following meaning:
Advanced Recovery Fee (ARF) means the Town fee of $.10 imposed and required to be paid by each consumer making a purchase from a Town Grocer for each Permitted Paper Bag used during the purchase.
Business means any commercial enterprise or establishment, including sole proprietorships, joint ventures, partnerships, corporations or any other legal entity whether for profit or not for profit and includes all employees of the business and any independent contractors associated with the business.
Disposable Plastic Bag means a bag made from either non-compostable plastic or compostable plastic provided by a Business to a customer at the point of sale for the purpose of transporting goods. The term “Disposable Plastic Bag” shall not include:
(a) Bags used by consumers inside stores to:
1. Package bulk items, such as fruit, vegetables, nuts, grains, candy, or small hardware items;
2. Contain or wrap frozen foods, meat, or fish, whether prepackaged or not;
3. Contain or wrap flowers, potted plants, or other items where dampness may be a problem; and,
4. Contain unwrapped prepared foods or bakery goods;
(b) Bags provided by pharmacists to contain prescription drugs or bags provided by a medical marijuana center to provide the product to the patient;
(c) Newspaper bags, door-hanger bags, laundry-dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags;
(d) Reusable Carryout Bags;
(e) Non-Permitted Paper Bags and Permitted Paper Bags, as defined in this Article 7; or
(f) Bags provided to the consumer for the purpose of transporting a partially consumed bottle of vinous liquor (wine) pursuant to the provisions of C.R.S. § 44-3-423.
Grocer means a retail establishment or Business within Town limits that is a full-line, self-service market with a retail market area in excess of 2000 square feet and which sells a line of staple foodstuffs, meats, produce, household supplies, or dairy products or other perishable items.
Non-Permitted Paper Bags means a paper bag provided by a Business to a customer at the point of sale for the purpose of transporting goods, which does not meet the standards of a “Permitted Paper Bag” as defined in this Article 7.
Permitted Paper Bags means a paper bag provided by a Grocer to a customer at the point of sale for the purpose of transporting goods, which is subject to the Town’s Advanced Recovery Fee (ARF), and that meets all of the following requirements:
(a) The bag is manufactured from a minimum of forty percent (40%) recycled content;
(b) The bag contains no old growth fiber; and
(c) The bag is one hundred percent (100%) recyclable.
Reusable Carryout Bag means a bag that is specifically intended for multiple reuse and is made of cloth, fiber, or other machine washable fabric that is at least 2.25 millimeters thick.
Town Waste Reduction and Reusable Carryout Bag Program means a Town program to fund a public education campaign to educate residents, businesses, and tourists about the impact of trash on the regional environmental health and of the implementation of the ARF, to fund the use of Reusable Carryout Bags and to fund other Town and community cleanup events and other activities that reduce trash in the environment.
Waste Reduction and Reusable Carryout Bag Line Item means a line item created in the annual budget by the Town of Telluride from the Town proceeds of the ARF to fund the Town Waste Reduction and Reusable Carryout Bag Program to fund a public education campaign to educate residents, businesses, and tourists about the impact of trash on the regional environmental health and of the implementation of the ARF, to fund the use of Reusable Carryout Bags and to fund other Town and community cleanup events and other activities that reduce trash in the environment. (Ord. 1340, 2010)