A. “Affected retail establishment” means any retail establishment, excluding restaurants, located within the geographical limits of the City of Oakland that has gross annual sales of one million dollars ($1,000,000) or more.
B. “City sponsored event” means any event organized or sponsored by a City of Oakland Department or Agency.
C. “Compostable bag” means a carry out bag that is certified and labeled as meeting the current ASTM-Standard Specification for compostability by a recognized verification entity such as the Biodegradable Product Institute and which can be easily differentiated, through color coding and other markings, from non-compostable plastic carry-out bags.
D. “Customer” means any person purchasing food or other materials from an affected retail establishment.
E. “Operator” means a person in control of having daily responsibility for, the daily operation of an affected retail establishment, which may include, but is not limited to, the owner of the affected retail establishment
F. “Plastic carryout bag” means a non-compost-able plastic bag provided by a store to a customer at the point of sale. These bags are often referred to as “T-shirt” bags.
G. “Recyclable paper bag” means a paper carry-out bag provided by an affected retail establishment to a customer at the point of sale for purposes of transporting groceries or other goods and meets all of the following requirements: (1) contains no old growth fiber, (2) is one hundred percent (100%) recyclable, and (3) contains a minimum of forty percent (40%) post-consumer recycled content.
H. “Reusable bag” means a bag that is specifically designed and manufactured for multiple reuse and is (1) made of cloth or other machine washable fabric, or (2) made of other durable material suitable for re-use. (Ord. 12818 § 2, 2007)

A. Affected retail establishments are prohibited from providing plastic carryout bags to their customers at the point of sale. Reusable bags, recyclable paper bags, and compostable plastic bags are allowed alternatives.
B. Affected retail establishments are strongly encouraged to provide incentives for the use of reusable bags through the use of education and credits, rebates, or tokens for individuals who bring reusable bags.
C. Nothing in this section shall be read to preclude affected retail establishments from making reusable, compostable, or recyclable paper bags available for sale or free to customers. (Ord. 12818 § 3, 2007)

A. The City Administrator or his/her designee will have primary responsibility for enforcement of this chapter. The City Administrator or his/her designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, entering the premises of any affected retail establishment to verify compliance.
B. An affected retail establishment that is operated in violation of any of the requirements of this chapter is deemed a public nuisance and any person who causes or permits such violations shall be subject to the civil penalties authorized in Chapter 1.08 of this code.
C. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter. (Ord. 12818 § 4, 2007)

A. If the City Administrator or his/her designee determines that a violation of this chapter occurred, he/she will issue a written warning notice to the operator of an affected retail establishment that a violation has occurred.
B. If the affected retail establishment has subsequent violations of this Chapter, the following penalties will apply:
1. A fine, payable by the owner of the affected retail establishment or the corporation itself, not exceeding one hundred dollars ($100.00) for the first violation after the warning notice is given.
2. A fine not exceeding two hundred dollars ($200.00) for the second violation after the warning notice is given.
3. A fine not exceeding five hundred dollars ($500.00) for the third and any future violations after the warning notice is given.
C. Affected retail establishments may request an administrative hearing to adjudicate any penalties issued under this chapter by filing a written request with the City Administrator, or his or her designee. The City Administrator, or his or her designee, will promulgate standards and procedures for requesting and conducting an administrative hearing under this chapter. Any determination from the administrative hearing on penalties issued under this chapter will be final and conclusive. (Ord. 12818 § 5, 2007)

A. Retail establishments in the City of Oakland with gross annual sales of less than one million dollars are exempted from the provisions of this chapter. All retail establishments in the City of Oakland are encouraged to comply with the provisions of this chapter.
B. This chapter applies only to non-compostable carryout plastic bags provided at the point of sale, otherwise known as “t-shirt” bags. The provisions of this ordinance do not apply to single-use plastic bags exclusively used to transport produce such as apples, oranges, grapes, carrots and other similar fruits or vegetables to the point-of-sale counter of the affected retail establishment. (Ord. 12818 § 6, 2007)

Nothing in this chapter shall be interpreted or applied so as to create any requirement, power or duty in conflict with any federal or state law. (Ord. 12818 § 7, 2007)