SR-510-003-01 (2)
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DE.e 8 1987
CA:RMM:jld093b/hpc
city Council Meeting 12-8-87
Santa Monica, California
STAFF REPORT
TO:
Mayor and City Council
FROM:
City Attorney
Ordinance Adding sections 5250 through 5256
to the Santa Monica Municipal Code Establishing
A redemption Value for Wine Cooler and Spirit
Cooler Containers
SUBJECT:
At its meeting on November 24, 1987, the City Council
introduced for first reading an ordinance adding sections 5250
through 5256 to the Santa Monica Municipal Code establishing a
redemption value for wine cooler and spirit cooler containers.
The ordinance is now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, city Attorney
Joseph Lawrence, Assistant City Attorney
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BEFORE "D; STR~BU'I:! CHECK CONTENT OF ALL .FO~ITY CJ.ERK' S ACTION
DTSTRIBUTION OF RESOLUTION' ORDINANCE 1# J'-/.f7 P
Council Meeting Date /.;;5-/,1/2_7 Introduced: /o"C/;J.J'7
Agenda Item' b .-8 Adopte'd: /~4IcY 7
AIJ-mYS PUBLISH AIX>P1:w ORD~*
Was it amended? IY 0 *Cross out Attorney's approval
VOTE: Affirmative: 7-'- ()
Negative:
Abstain~
Absent:
PROOF VOTE~ WITH ANOTHEk PERSON ~EFORE
DISIKI!UTluN: -DRrbINA1 ~o be signea,
"
ANYTHING
5ealed -and ~iled in Vault.
NEWSPAPER PUBLICATION (Date: )
Department orlginating staff report ( * )
*C~ty Attorney ~s not want cop1es of his ordinances-or resoluuons.
Management Ser~!~e~ Lynne Bar,rette .urdinances only
Agency mentioned in document or staff report
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(certified?)
Subject file (agenda packet)
1
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Counter file
Ot he r 5 -= (Review for ~Ul-cnts who need to :kncM) .
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Airport
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Parking Auth.
Personnel
Planning
Police (en-
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Purchasing
Recr/Parks
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General Servo
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Transportation
Library
Treasurer
Manager
SEND FOU~'COPIES OF ALL ORDINAN~~
CODFD SYSTEMS, Atth Peter Maclearie ..
1:'.0 "ijlin~ :,"'tr~et ...
AV~'r ~~w,Jersey_OZ711
SEND FOUR COPIES OF 4fT. OBntNANrHS 10:
DebI~ ~yr1ck .
SANTA MONICA MUNICIPAL COURT
" 725 MAIN STREE't Room 118
SANTA MON!CA, CA 90401
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*Check COde Sections befor~ sen(l
TOTAL COPIES
13
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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. pefinitions. 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 Manaqer. The City Manager
of the city of Santa Monica, or said
manager's designated representative.
(e)
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.
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(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)
Empty.
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(0)
herein.
( 4 ) I s not broken, crushed,
or dismembered.
(g)
Distributor.
Any person who
engages in the sale of wine coolers or
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.
spirit
coolers
in
a
container
or
-I,.
containers to a dealer in the city.
"Distributor" 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.
flPlace 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 ~ithin 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
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.
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
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
($.05) for redemption by a dealer from the
distributor.
(b) It shall be unlawful for a
distributor to knowingly sell or offer to
sell a wine cooler or spirit cooler
container to a dealer for sale by the
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dealer within the City and for a dealer to
purchase such a container
for
such
purposes from a distributor unless the
distributor charges and the dealer agrees
to pay a refund value of five cents
($.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
($.05).
(d) It shall be unlawful for a
distributor to knowingly sell or offer to
sell a wine cooler or spirit cooler
container to a dealer for sale by the
dealer within the city and for a dealer to
purchase such a container
for such
purposes or to store or offer to sell such
a container for such purposes unless the
container is embossed, stamped, or labeled
wi th, or by other method indicates, the
message required by subparagraph (c)
above.
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SECTION 5252. Retail Requirements.
(a) Every wine cooler or spirit
cooler container sold or offered for sale
by a dealer within the City shall have a
refund value of five cents ($.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 ($.05).
SECTION
5253.
Pistributor
Redemption Requirements.
It shall be
unlawful for a distribution to refuse to
accept from a dealer any empty wine cooler
or spirit cooler container which has been
marked in the manner prescribed by section
5251(C) above of the kind, size, and brand
sold by the distributor, or to refuse to
pay to the dealer a refund value for such
container of five cents ($.05).
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SECTION 5254.
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 1 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:
Retail Redemption
(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
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centers established pursuant
California Beverage Container
and Litter Reduction Act.
to the
Recycling
SECTION 5255. Inspection Authority.
The ci ty Manager or the City 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 ci ty 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.
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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:
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ROBERT M.-MYERS V
City Attorney
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ecember, 1987.
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v
Mayor
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: Councilmembers: Finkel, Jennings, A. Katz, H.
Ka t z , Reed, Zane, Mayor Conn
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
~/?;~
city Clerk