HomeMy WebLinkAboutCC Ordinance No. 26-2280 amending City Code Chapter 9.17 Single-Use Carryout BagsORDINANCE NO. 26-2280
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE TO AMEND SECTIONS 9.17.100, 9.17.110, 9.17.130, AND
9.17.140 TO REGULATE SINGLE-USE CARRYOUT BAGS
The City Council of the City of Cupertino finds that:
1.WHEREAS, on October 1, 2013, the City of Cupertino adopted an ordinance to regulate
the provisions of retail establishments providing single-use carryout bags, currently
codified as Chapter 9.17 of the City Code; and
2.WHEREAS, this ordinance amendment continues to regulate the distribution and sale of
single-use carryout bags by retail establishments in Cupertino; and
3.WHEREAS, the State adopted SB 1053 in September 2024, which commencing January 1,
2026, would revise and recast provisions to prohibit the distribution of single-use plastic
carryout bags by retail establishments
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of
this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause
or phrase of this ordinance is held invalid, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, the City Council declares that it would have adopted
the remaining provisions of this ordinance irrespective of such portion, and further
declares its express intent that the remaining portions of this ordinance should remain
in effect after the invalid portion has been eliminated. To the extent the provisions of
this Ordinance are substantially the same as previous provisions of the Cupertino
1
Ordinance No. 26-2280
Page 2
Municipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because
it has no potential for resulting in physical change in the environment. In the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
to have no possibility that the action approved may have a significant effect on the
environment. CEQA applies only to actions which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance, the proposed action to regulate
the use of single-use carryout bags by a retail establishment would have no or only a de
minimis effect on the environment because reducing the use of disposable plastic single-
use carryout bags would not have the potential for causing a significant effect on the
environment. The foregoing determination is made by the City Council in its
independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on April 21,
2026 and ENACTED at a regular meeting of the Cupertino City Council on May 5, 2026
by the following vote:
Ordinance No. 26-2280
Page3City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance. INTRODUCED at a regular meeting of the Cupertino City Council on April 21, 2026; and ENACTED at a regular meeting of the Cupertino City Council this 5th day of May, 2026, by the following vote: Members of the City Council A YES: Moore, Chao, Frnen, Mohan, Wang NOES: None ABSENT: None ABSTAIN: None SIGNED: Kitty Moore, Mayor City of Cupertino ATTEST: Lauren Sapudar, City Clerk APPROVED AS TO FORM: Floy Andrews, Interim City Attorney 01337.005 I 2097658.2 Date Date 05/13/2026 Date 5/15/20265/15/2026
Attachment A –AN ORDINANCE OF THE CITY OF CUPERTINO TO REGULATE
THE PROVISION OF SINGLE-USE CARRYOUT BAGS
CHAPTER 9.17: REGULATION OF SINGLE-USE CARRYOUT BAGS
9.17.100 Findings and Purpose.
The City Council finds and determines that:
(a) The use of single-use carryout bags by consumers at retail establishments
is detrimental to the environment, public health and welfare.
(b) The manufacture and distribution of single-use carryout bags requires
utilization of natural resources and results in the generation of greenhouse gas
emissions.
(c) Single-use carryout bags contribute to environmental problems, including litter
in storm drains, creeks, the bay and the ocean.
(d) Single-use carryout bags provided by retail establishments impose unseen costs
on consumers, local governments, the state and taxpayers and constitute a
public nuisance.
(e) The City of Cupertino seeks to reduce the proliferation of plastic pollution by
eliminating the existing provision of law that allows plastic film carryout bags
to be distributed as reusable bags.
In compliance with Public Resources Code Section 442279 et seq. the City Council finds
and declares that the distribution of single-use plastic carryout bags should be banned.
(Ord. 13-2102, § 1 (part), 2013)
9.17.110 Definitions.
A. "Customer" means any person obtaining goods from a retail establishment.
B. “Compostable” means eligible to be labeled with the terms “compostable” or “home
Attachment A – Page 1
Carryout Bags- Page 2
compostable” pursuant to Public Resources Code Section 42357. Compostable bags
must meet the requirements pursuant to California Public Resource Code Section
42281.2.
C. "Garment bag" means a travel bag made of pliable, durable material with or
without a handle, designed to hang straight or fold double and used to carry
suits, dresses, coats, or the like without crushing or wrinkling the same.
D. "Garment cover" means a protective textile cover with or without a handle,
made of plastic, paper, or other material and used as a protective covering for
clothing, draperies, or similar textiles after the professional cleaning,
alteration, or repair of such items.
E. "Nonprofit charitable reuser" means a charitable organization, as defined in
Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating
unit or division of the charitable organization, that reuses and recycles
donated goods or materials and receives more than fifty percent of its
revenues from the handling and sale of those donated goods or materials.
F. "Person" means any natural person, firm, corporation, partnership, or other
organization or group, however organized.
G. “Point of sale” means a place where purchased goods may be transferred
to a customer, including but not limited to, a checkout counter, self-
checkout kiosk, in-store pickup, curbside delivery, and home delivery.
H. “Postconsumer recycled material” means a material that would otherwise
be destined for solid waste disposal, having completed its intended end
use and product life cycle. Postconsumer recycled material does not
include materials and byproducts generated from, and commonly reused
within, an original manufacturing and fabrication process.
I. “Pre-checkout Bag” means a recycled paper or compostable bag without handles
provided to a customer before the customer reaches the point of sale, that is
designed to protect a purchased item from damaging or contaminating other
purchased items in a carryout bag, or to contain an unwrapped food item,
Carryout Bags- Page 3
including but not limited to, loose produce, meat or fish, nuts, grains, candy, and
bakery goods.
J. "Prepared food" means foods or beverages which are prepared on the premises by
cooking, chopping, slicing, mixing, freezing, or squeezing, and which require
no further preparation to be consumed. "Prepared food" does not include any
raw, uncooked meat product or fruits or vegetables which are chopped,
squeezed, or mixed.
K. "Public eating establishment" means a restaurant, take-out food establishment,
or any other business that receives ninety percent or more of its revenue from
the sale of prepared food to be eaten on or off its premises.
L. "Recycled paper bag" means a paper carryout bag provided by a store to a
customer at the point of sale that meets all of the requirements for
postconsumer recycled material content, recyclability, and labeling pursuant to
Public Resources Code 42280 (e).
M. "Public eating establishment" means a restaurant, take-out food establishment, or
any other business that receives ninety percent or more of its revenue from the
sale of prepared food to be eaten on or off its premises.
N. "Retail establishment" means any commercial establishment that sells perishable
or nonperishable goods including, but not limited to, clothing, food, and
personal items directly to the customer; and is located within or doing business
within the City of Cupertino. "Retail establishment" does not include public
eating establishments or nonprofit charitable reusers.
O. "Reusable bag" means either a bag made of cloth or other machine washable
material that has handles and is specifically designed and manufactured for
multiple reuse.
P. "Single-use carryout bag" means a bag other than a reusable bag provided at the
check stand, cash register, point of sale or other point of departure, including
departments within a store, for the purpose of transporting food or merchandise
Carryout Bags- Page 4
out of the establishment. "Single-use carryout bags" do not include bags without
handles provided to the customer: (1) to transport prepared food, produce, bulk
food or meat from a department within a store to the point of sale; (2) to hold
prescription medication dispensed from a pharmacy; or (3) to segregate food or
merchandise that could damage or contaminate other food or merchandise when
placed together in a recycled paper bag.
(Ord. 13-2102, § 1 (part), 2013)
9.17.120 Implementation Date.
This Chapter shall be implemented as of October 1, 2013 (Ord.13-2102, § 1 (part), 2013)
9.17.130 Single-Use Carryout Bags.
A. No person or retail establishment shall provide a single-use carryout Bag to a
customer, at the check stand, cash register, point of sale or other point of
departure for the purpose of transporting food or merchandise out of the
establishment except as provided in this section or in section 9.17.140.
B. A retail establishment may only make recycled paper available to customers if
the retailer charges a minimum of ten cents.
C. Notwithstanding this section, no retail establishment may make available for
sale a recycled paper unless the amount of the sale of such bag is separately
itemized on the sale receipt.
D. A retail establishment may provide one or more recycled paper at no cost to any
of the following individuals: a customer participating in the California Special
Supplement Food Program for Women, Infants, and Children pursuant to
Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division
106 of the Health and Safety Code; a customer participating in the
Supplemental Food Program pursuant to Chapter 10 (commencing with Section
Carryout Bags- Page 5
15500) of Part 3 of Division 9 of the California Welfare and Institutions Code;
and a customer participating in Calfresh pursuant to Chapter 10 (commencing
with Section 18900) of Part 6 of Division 9 of the California Welfare and
Institutions Code.
E. A store shall not require a customer to use, purchase, or accept a recycled paper
bag as a condition of sale of any product.
(Ord. 22-2239, § 1 (part), 2022; Ord. 14-2122, § 1, 2014; Ord. 13-2102, § 1 (part), 2013)
9.17.140 Exemptions.
1. A public eating establishment may not provide single-use plastic carryout bags
but may provide recycled paper or reusable bag to transport prepared food at no
charge.
2. A recycled paper bag with or without handles may be provided by a nonprofit
charitable reuser at no charge.
3. A pre-checkout bag may be provided to transport prepared food, produce,
bulk food, or meat from a department within a store to the point of sale.
4. A pre-checkout bag may be provided to hold prescription medication
dispensed from a pharmacy.
5. A pre-checkout bag may be used to segregate food or merchandise that could
damage or contaminate other food or merchandise when placed together in a
reusable or recycled paper carryout bag.
6. A garment bag or garment cover may be used to protect and transport
clothing or other textiles.
(Ord. 22-2239, § 1 (part), 2022; Ord. 13-2102, § 1 (part), 2013)
9.17.150 Administrative Citation and Fine.
(a) Grounds for an administrative citation. An administrative citation may be issued
Carryout Bags- Page 6
upon findings made by the City Manager, or his or her designee, when any
person or retail establishment has provided a single-use carryout bag to a
customer or violated any other provision of this Chapter.
(b) Administrative citation fine amounts. Upon findings made under
subsection (a), the retail establishment shall be subject to an administrative
citation pursuant to Chapter 1.10 of this Code. Fines for the administrative
citation are as follows:
(1) First citation: One hundred dollars ($100.00)
(2) Second citation for the same violation within the same twelve month period:
Two hundred dollars ($200.00)
(3) Third or any subsequent citation for the same violation within the same
twelve month period: Five hundred dollars ($500.00)
(4) Each day that any person or retail establishment violates the provisions of
this Chapter a new and separate violation occurs.
(c) Administrative citation appeals and disposition shall be processed in accordance
with Chapter 1.10 of this Code.
(Ord. 13-2102, § 1 (part), 2013)
9.17.160 Severability.
If any section, subsection, subdivision, sentence, clause, or phrase of this Chapter is for
any reason held to be unconstitutional or otherwise void or invalid, by any court of
competent jurisdiction the validity of the remaining portion of this Chapter shall not
be affected thereby.
(Ord. 13-2102, § 1 (part), 2013)
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, LAUREN SAPUDAR , City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby
certify the attached to be a true and correct copy of Ordinance
No. 26-2280 which was enacted on May 5, 2026, and that it
has been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my han d and
seal this 15th day of May 2026.
____________________________________________
LAUREN SAPUDAR, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California