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10 Draft Integrated Waste Management Plan - City Council - City of ...

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2012 Davis <strong>Integrated</strong> <strong>Waste</strong> <strong>Management</strong> <strong>Plan</strong><br />

purposes or to store or <strong>of</strong>fer to sell such a container for such purposes unless the container is embossed, stamped<br />

or labeled with, or by other method indicates the message required by subsection (c) above. (Ord. 1441 § 1)<br />

32.02.030 Retail requirements.<br />

(a) Every wine cooler or spirit cooler container sold or <strong>of</strong>fered for sale by a dealer within the city shall have a<br />

refund value <strong>of</strong> not less than five cents for redemption by a consumer from the dealer.<br />

(b) It shall be unlawful for a dealer to sell or <strong>of</strong>fer to sell a wine cooler or spirit cooler container within the<br />

city unless the dealer charges a refund value <strong>of</strong> not less than five cents. (Ord. 1441 § 1)<br />

32.02.040 Distributor redemption requirements.<br />

(a) It shall be unlawful for a distributor to refuse to accept from a dealer any empty wine cooler or spirit<br />

cooler container which has been marked in the manner prescribed by Section 32.02.020(c), <strong>of</strong> the kind, size and<br />

brand sold by the distributor, or to refuse to pay to the dealer a refund value for such container <strong>of</strong> not less than<br />

five cents.<br />

(b) It shall be unlawful for a distributor to refuse to accept from a consumer any empty wine cooler or spirit<br />

cooler container which has been marked in the manner prescribed by Section 32.02.020(c) herein, <strong>of</strong> the kind,<br />

size and brand sold by the distributor when the container has been delivered by the consumer to the distributor’s<br />

place <strong>of</strong> business, or to refuse to pay to the consumer for such container a refund value <strong>of</strong> not less than five<br />

cents. (Ord. 1441 § 1)<br />

32.02.050 Retail redemption requirements.<br />

It shall be unlawful for a dealer who sells wine cooler or spirit cooler in containers to refuse to redeem a wine<br />

cooler or spirit cooler container from a consumer or refuse to pay a refund value for the container <strong>of</strong> not less<br />

than five cents to the consumer, when the request for redemption is made at the dealer’s place <strong>of</strong> business<br />

within the city and the container is embossed, stamped or labeled with, or by other method indicates a message<br />

that the container has a refund value, unless either:<br />

(a) The container is not empty; or<br />

(b) The container contained a brand or type <strong>of</strong> wine cooler or spirit cooler which the dealer is not <strong>of</strong>fering for<br />

sale at the time redemption is requested and has not <strong>of</strong>fered for sale for a period <strong>of</strong> at least ninety days. (Ord.<br />

1441 § 1)<br />

32.02.060 Inspection authority.<br />

The city manager or the manager’s designee is authorized to enter the business premises during business hours<br />

<strong>of</strong> any dealer engaged in the sale <strong>of</strong> wine cooler or spirit cooler in containers in the city for the sole purpose <strong>of</strong><br />

inspecting said premises and determining whether the dealer is in compliance with this article. (Ord. 1441 § 1)<br />

DRAFT<br />

32.02.070 Violation and fine.<br />

Any dealer or distributor found in violation <strong>of</strong> any provision <strong>of</strong> this article shall be guilty <strong>of</strong> a misdemeanor and<br />

shall be punished by a fine not exceeding three hundred dollars. For purposes <strong>of</strong> this article, each day <strong>of</strong> a<br />

continuing violation shall constitute a separate <strong>of</strong>fense. (Ord. 1441 § 1)<br />

Article 32.03 ADEQUATE AREAS FOR COLLECTING RECYCLABLE MATERIALS<br />

32.03.0<strong>10</strong> Definitions.<br />

For purposes <strong>of</strong> this article, the following terms shall be defined as follows:<br />

Development project means any <strong>of</strong> the following:<br />

(1) A project for which a building permit is required for a commercial, industrial or institutional building,<br />

public facility, or residential building having five or more living units, where solid waste is collected and<br />

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