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Schmeer v. County of Los Angeles

ELR Citation: 43 ELR 20049
Nos. B240592, (Cal. App. Ct. 2d Dist., 02/21/2013)

A district court upheld a county ordinance prohibiting retail stores from providing plastic carryout bags and requiring them to charge customers 10 cents for each paper carryout bag provided. The paper carryout bag charge is not a tax under the California Constitution because the charge is payable and retained by the retail store and is not remitted to the county.