Sec. 52-77. Definitions.
Montgomery County, Md., Code § 52-77 (2026)
Sec. 52-77. Definitions.LinkCopy Citation
In this Article, the following terms have the following meanings:
Department means the Department of Finance.
Director means the Director of the Department of Finance.
Food assistance program means any federal, state, or local program that provides monetary benefit to low-income individuals and families used at a store to purchase food. Food assistance program include Supplemental Nutrition Assistance Program (SNAP) or Women, Infants, and Children Program (WIC).
Paper carryout bag means a paper bag provided by a retail establishment to a customer at the point of sale, pickup, or delivery. Paper carryout bag does not include:
(1)
a paper bag provided by a pharmacist that contains a prescription drug;
(2)
a bag used to take live fish, insects, mollusks, or crustaceans away from a retail establishment;
(3)
a paper bag that a restaurant gives a customer to take prepared or leftover food or drink from a restaurant;
(4)
a paper bag containing prepared food provided at the drive-through window of a restaurant;
(5)
a paper bag provided at a mobile food truck that contains prepared food;
(6)
a paper bag provided for food delivery that is collected by a third party delivery service to carry the purchased item;
(7)
any paper bag intended for garbage, pet waste, or yard waste;
(8)
a bag used to package bulk items, including fruit, vegetables, nuts, grains, candy, ice, or small hardware items;
(9)
a bag that contains hanging garments or dry-cleaned clothes, including suits, jackets, or dresses;
(10)
a bag or paper bag sleeve used to contain or wrap a perishable item, including meat or fish, or unwrapped prepared foods or bakery goods;
(11)
a bag used to package items for the purpose of charitable food distribution; or
(12)
a bag provided at the point of sale at seasonal event, such as:
(A)
an occasional farmer’s market;
(B)
a full-time retail operation located on a farm;
(C)
a street fair; or
(D)
a yard sale.
Point of sale has the same meaning as stated under Chapter 48-66.
Restaurant means any lunchroom, café, or other establishment located in a permanent building for the accommodation of the public, equipped with a kitchen containing facilities and utensils for preparing and serving meals to the public, and outfitted with or without a public dining area. A restaurant does not include any area of a supermarket, department store, or other retail establishment beyond the kitchen and public dining area.
Retail establishment means any person engaged in the retail sale of goods. Retail establishment includes any supermarket, convenience store, shop, service station, mobile food truck, or restaurant, and any other sales outlet where a customer can buy goods.