Please see the information below regarding the Reusable Bag Ordinance that clarifies the Ordinance requirements as they relate to Alameda County wineries and vineyards.
A winery is considered a 'retail store' when:
- Winemakers sell their wine and/or merchandise (clothing, stemware, houseware, packaged food such as jam, honey, bread, olive oil, etc.) for offsite consumption (License Codes 20, 21 or 85).
Under the bag law, these 'retail stores':
- Must charge minimum 10 cents for a compliant paper or reusable plastic bag and itemize charge on customer receipt. Applies when a winery sells bottles of wine and/or merchandise.
A winery may also contain an 'eating establishment' when:
- The winery has an on-site eating establishment such as a café, restaurant or food truck.
Under the bag law, these 'eating establishments':
- Charge nothing for compliant paper bag, and must charge minimum 10 cents for reusable plastic bag and itemize the charge on the receipt, which is not subject to sales tax. Applies when the winery’s eating establishment has a separate register and patrons need a bag for on-site prepared “food to go” or leftover food items.
Simplest solution for wineries with eating establishments:
- Choose compliant paper bags to avoid charging customers for bags.
- A protective paper sleeve may be put on any glass bottle to prevent damage when placed in a larger bag with other bottles or merchandise.
- Wineries may also distribute wines to customers in boxes (no charge to customer).
- Customers can always bring their own bag or choose not to take a bag for any type of purchase.