Quote from: FanFicGuru on May 14, 2015, 02:01:32 PM
I don't think it applies to occasional sellers like the swap meet. Most plastic bags that are brought to swap meet are being recycled by the sellers, and so I don't believe they are subject to the same fee. It's mainly imposed on larger chains as a means of reducing the amount of new plastic bags going out into the environment.
Just checked directly with the city of San Jose and got a response from the Watershed Protection Division. Their reply:
The City's Bring Your Own Bag Ordinance does apply to flea markets, swap meets, farmers' markets, conventions, etc. The only exceptions are public eating establishments (90% revenue from sale of prepared food) and non-profit charitable reusers.
The ordinance bans single-use plastic bags and requires recycled paper bags be sold for a minimum charge of 10 cents (there are additional labeling requirements for paper bags). Reusable bags (with handles) from:
1. Cloth or other machine washable fabric; OR
2. Durable plastic at least 2.25 mil thick, specifically designed and manufactured for multiple reuse are allowed by the ordinance and there is no required minimum charge (the minimum charge only applies to paper bags).
Protective bags (paper or plastic) that do not have handles and are used for the following purposes:
(1) to transport produce, prepared food, bulk food or meat from a produce, deli, bulk food or meat 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 Reusable Bag or Recycled Paper Bag
are also allowed by the ordinance.
If any staff needs to see the email in its entirety, please PM me and I can forward it to you.
Not trying to make things more difficult for staff or sellers - believe me, I wound up bringing in a ton of plastic bags to be recycled that I was intending to give out at swap meet back in 2012. Nowhere in my initial email did I mention Fanime; I kept it vague and generic.
I'm not actually expecting San Jose's Weights and Measures to come in and check for this at swap meet. Claiming ignorance won't always work in getting you out of paying a fine, and I think staff should be aware of all pertinent city laws and ordinances, not just noise restrictions or maximum occupancies.