In this subtitle, the following terms have the meanings indicated.
“Dealer” has the meaning stated in City Code <cite data-path="|7|§62-1|(b)">Article 7, § 62-1(b) {“Definitions: Dealer”}</cite>.
“Director” means the Director of the Department of Finance or the Director’s designee.
“Checkout bag” means any paper or plastic bag supplied by a dealer to a customer at the point of sale, pickup, or delivery to carry purchased items.
“Checkout bag” includes a compostable plastic bag that meets the standards described in City Code <cite data-path="|7|§62-1|(c)|(2)">Article 7, § 62-1(c)(2) {“Definitions: Plastic checkout bag”}</cite>.
“Checkout bag” does not include:a bag solely used to contain:fresh fish and fresh fish products;
fresh meat and fresh meat products;
fresh poultry and fresh poultry products;
otherwise unpackaged fruits, nuts, or vegetables;
otherwise unpackaged confectionery;
otherwise unpackaged fresh cheese;
otherwise unpackaged baked goods;
ice;
food and goods obtained at a farmers’ market;
prescription drugs obtained from a pharmacy;
newspapers; or
dry-cleaned goods; or
a “plastic checkout bag” described in City Code, <cite data-path="|7|§62-1|(c)|(1)">Article 7, § 62-1(c)(1) {“Definitions: Plastic checkout bag”}</cite>.
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Ord. 22-125
A surcharge is imposed on every checkout bag supplied by a dealer to a customer.
The amount of the surcharge is 5 cents for each bag.
Nothing in this section limits the ability of a dealer to impose a separate purchase or service fee for a checkout bag provided to a customer.
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The dealer must collect the surcharge imposed by this subtitle from the customer to whom the checkout bag is supplied.
The amount of the surcharge must be itemized on any receipt, invoice, or like document issued to the customer.
Except as specifically authorized in paragraph (2) of this subsection, the surcharge imposed by this subtitle must be remitted to the Director on or before the 25th day of the month following the month in which the transaction occurred.
To cover the administrative expense of collecting and remitting the surcharge to the Director, the dealer may retain 4 cents from each 5-cent surcharge collected under this subtitle.
Each remittance must be accompanied by a report for the month of all transactions that involved checkout bags subject to the surcharge.
The report must:be in the form and contain the information that the Director requires; and
include:the number of checkout bags supplied or provided to customers;
the aggregate amount of the surcharge required by this subtitle to be collected; and
any other information that the Director requires to assure that the proper surcharge has been remitted.
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If a person fails to remit the surcharge imposed by this subtitle when due, the person must pay the Director, in addition to the surcharge due:interest at the rate of 1% for each month or fraction of a month that the surcharge is overdue; and
a penalty of 10% of the amount of the surcharge due.
If a person fails to submit the remittance reports or fails to keep suitable records as required by <cite data-path="|28|§32-4">§ 32-4 of this subtitle</cite>, the person must pay the Director, in addition to the surcharge, a penalty of $1,000 for each month that reports are not submitted or for each month that suitable records are not kept.
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Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director must adopt rules and regulations to carry out this subtitle.
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Text Conformed 02/25/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
A person may not:
fail, neglect, or refuse to collect or remit the surcharge imposed by this subtitle;
make any incomplete, false, or fraudulent return;
fail to keep complete and accurate records;
refuse to permit the Finance Director or the Director’s authorized agent, employee, or representative to inspect and audit the operator’s records; or
fail to fully comply with any provision of this subtitle or of any rule or regulation adopted under this subtitle.
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Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 6 months or to both fine and imprisonment for each offense.
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