California Court of Appeal

Judgment in favor of defendants on plaintiffs' challenge to defendant's ordinance, which prohibited retail stores from providing plastic carryout bags and required stores to charge customers 10 cents for each paper carryout bag provided, is affirmed, where the paper carryout bag charge is not a tax for purposes of article XIII C of the California Constitution because the charge is payable to and retained by the retail store and is not remitted to the county.

Appellate Information

• Decided 02/21/2013
• Published 02/21/2013

Judges

• CROSKEY

Court

• California Court of Appeal

Counsel