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For the purpose of this chapter, the following terms are defined as follows:

“Garment bag” means a large bag that incorporates a hanger on which garments may be hung to prevent wrinkling during travel or storage.

“Local provision” means a charter provision, ordinance, resolution or other provision adopted by a city, county or other local government, as defined in ORS 174.116.

“Recycled paper checkout bag” means a paper bag that contains at least 40 percent post-consumer recycled fiber.

“Restaurant” means an establishment where the primary business is the preparation of food or drink:

1. For consumption by the public;

2. In a form or quantity that is consumable then and there, whether or not it is consumed within the confines of the place where prepared; or

3. In consumable form for consumption outside the place where prepared.

“Retail establishment” means a store that sells or offers for sale goods at retail and that is not a restaurant.

“Reusable fabric checkout bag” means a bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth or other machine-washable fabric.

“Reusable plastic checkout bag” means a bag with handles that is specifically designed and manufactured for multiple reuse and is made of durable plastic that is at least four mils thick.

“Single-use checkout bag” means a bag made of paper, plastic or any other material that is provided by a retail establishment to a customer at the time of checkout, and that is not a recycled paper checkout bag, a reusable fabric checkout bag or a reusable plastic checkout bag.

“Single-use checkout bag” does not mean:

1. A bag that is provided by a retail establishment to a customer at a time other than the time of checkout, including but not limited to bags provided to:

a. Package bulk items such as fruit, vegetables, nuts, grains, greeting cards or small hardware items, including nails, bolts or screws;

b. Contain or wrap frozen food, meat, fish, flowers, a potted plant or another item for the purpose of addressing dampness or sanitation;

c. Contain unwrapped prepared food or a bakery good; or

d. Contain a prescription drug;

2. A newspaper bag, door hanger bag, garment bag, laundry bag or dry cleaning bag; or

3. A bag sold in a package containing multiple bags for uses such as food storage, garbage containment or pet waste collection. (Ord. 5083 §1 (Exh. A (part)), 2019).