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O1428 e e CA:RMM:jld085/hpc city council Meeting 12-8-87 santa Monica, California ORDINANCE NUMBER 1428 (CCS) (city council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 2A TO ARTICLE V OF THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH A REDEMPTION VALUE FOR WINE COOLER AND SPIRIT COOLER CONTAINERS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2A is added to Article V of the Santa Monica Municipal Code to read as follows: SECTION 5250. Definitions. For the purpose of this Chapter, the following words and phrases shall have the following meanings: (a) City. All that territory within the corporate limits of the City of Santa Monica, State of California. (b) city Manager. The City Manager of the City of Santa Monica, or said managerts designated representative. (c) Consumer. Every person who, for his or her use or consumption, purchases wine coolers or spirit coolers in a container from a dealer in the city for off-premises consumption. - 1 - e e (d) container. Any sealed device, however denominated, made of glass, metal, plastic, or other material or any combination of materials, which directly holds or contains wine coolers or spirit coolers. "container" does not include cups or other similar open or loosely sealed receptacles. (e) Dealer. Any person who engages in the sale to a consumer of wine coolers or spirit coolers in a container or containers in the city for off-premises consumption. (f) Emotv. 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 5251(c) herein. ( 4 ) I s not broken, crushed, or dismembered. (g) Distributor. Any person who engages in the sale of wine coolers or - 2 - e e spirit coolers in a container or containers to a dealer in the city. nDistributorll includes any person who imports or otherwise transports wine coolers or spirit coolers in containers from outside the city for sale to a dealer in the city. (h) Place of Business. The location at which a dealer sells, or offers for sale, wine coolers or spirit coolers 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 coolers or spirit coolers in containers to any dealer, if said location is within the state of California. ( i) Sale (or Sold or Sell). Any commercial transaction by any dealer in which wine coolers or spirit coolers in a container or containers are 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 coolers or spirit coolers in a container or containers to a dealer for a monetary - 3 - e e consideration for the purpose of sale by the dealer for off-premise consumption. (j) Spirit Cooler. 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 (8%) alcohol by volume. (k) Wine Cooler. A liquid intended for human consumption containing wine to which is added concentrated or unconcentrated juice or flavoring materials and containing not more than seven percent (7%) alcohol by volume. SECTION 5251. Distribution Reauirements. (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 ($.05) for redemption by a dealer from the distributor. (b) It shall be unlawful for a distributor to knowingly sell or offer to sell a wine cooler or spirit cooler container to a dealer for sale by the - 4 - e e dealer within the City and for a dealer to purchase such a container for such purposes from a distributor unless the distributor charges and the dealer agrees to pay a refund value of five cents ($.05) . (c) Every wine cooler or spirit cooler container sold or offered for sale by a dealer 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 container has a refund value of five cents ($.05) . (d) It shall be unlawful for a distributor to knowingly sell or offer to sell a wine cooler or spirit cooler container to a dealer for sale by the dealer within the city and for a dealer to purchase such a container for such purposes or to store or offer to sell such a container for such purposes unless the container is embossed, stamped, or labeled with, or by other method indicates, the message required by subparagraph (c) above. - 5 - e e SECTION 5252. Retail Requirements. (a) Every wine cooler or spirit cooler container sold or offered for sale by a dealer wi thin the city shall have a refund value of five cents ($.05) 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 wi thin the city unless the dealer charges a refund value of five cents ($.05). SECTION 5253. Distributor RedemDtion Reauirements. It shall be unlawful for a distribution to refuse to accept from a dealer any empty wine cooler or spirit cooler container which has been marked in the manner prescribed by Section 525l(c) above of the kind, size, and brand sold by the distributor, or to refuse to pay to the dealer a refund value for such container of five cents ($.05). - 6 - e e SECTION 5254 . Retail Redemption Requirements. (a) 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 five cents ($ . 05) 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: (1) The container is not empty. (2) 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. (b) A dealer shall be considered in compliance with this Section if it accepts wine and spirit cooler containers for redemption at redemption facilities and - 7 - e e centers established pursuant to the California Beverage Container Recycling and Litter Reduction Act. SECTION 5255. Insoection Authority. The City Manager or the ci ty Manager I s designated representative is authorized to enter the business premises during business hours of any dealer engaged in the sale of wine coolers or spirit coolers in containers in the city for the sole purpose of inspecting said premises and determining whether the dealer is in compliance with this Section. SECTION 5256. violation and Fine. Any dealer or distributor found in violation of any provision of this Section shall be guilty of a misdemeanor. For purpose of this section, each day of a continuing violation shall constitute a separate offense. SECTION 2. Any provision of the santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. - 8 - e e SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the city Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective January 1, 1989. APPROVED AS TO FORM: ~-* "'--. ROBERT M. - MYERS city Attorney ~ V - 9 - . . e e ecember, 1987. ~ the foregoing ordinance No. 1428(CCS) was duly and regularly introduced at a meeting of the City council on the 1st day of December 1987; that the said Ordinance was thereafter duly adopted at a meeting of the City council on the 8th day of December 1987 by the following council vote: Ayes: Counci1members: Finkel, Jennings, A. Katz, H. Katz, Reed, Zane, Mayor Conn Noes: Councilmembers: None Abstain: Councilmembers: None Absent: councilmembers: None .;>...... -.... - ... "- -:.., ,-' - -. ~- ATTEST: '-' ~ /J t..rJ~ - /'i - ~ ~ =- <. ~ / /J.A{j../'~ - .. ---"- -- .. , r City dl6rk~":_ - .- - --