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4. Newspaper bags, door -hanger bags, laundry -dry cleaning bags, bags used to protect fine art paper or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags; or 5. Bags made out of paper. (b) Pass -through charge. Pass -through charge means a charge to be collected by retailers from their customers when providing carryout bags and retained by retailers to offset the cost of bags and other costs related to the pass -through charge. (c) Retail establishment. A retail establishment means any person, corporation, partnership, business venture, public sports or entertainment facilities, government agency, street vendor or vendor at public events or festivals or organizations that sell or provide merchandise, goods, or materials including, without limitation, clothing, food, beverages, household goods, or personal items of any kind directly to a customer. Not - for -profit organizations, food banks and other food assistance programs are not considered to be retail establishment for the purposes of this section. Section 24-41. Pass -through charge (a) Retail establishments shall collect a pass -through charge of not less than five cents for each carryout bag provided to customers. It shall be a violation of this section for any retail establishment to pay or otherwise reimburse a customer for any portion of the pass -through charge. All retail establishment shall indicate on the customer's transaction receipt the number of carryout bags provided and the total amount of the pass -through charge. (b) No retail establishment shall collect a pass through charge for items purchased by any person using Supplemental Nutrition Assistance Program (SNAP) or Women, Infants, and Children (WIC) Program funds as full or partial payment. (c) No retail establishment shall charge a pass through fee or prevent a customer from using a bag of any kind that the customer brought for the purposes of carrying goods from such business establishment. Section 24-42. Signage Retail establishment must post signage clearly indicating the per bag charge for carryout bags. Section 24-43. Enforcement and Penalties (a) The city clerk shall be authorized to assist with the enforcement of the provisions of this article. Violations of this article may be enforced as administrative offenses pursuant to Chapter 12 of the Duluth City Code. This article may also be enforced by injunction, abatement, mandamus, or any other appropriate civil, administrative or criminal remedy in any court of com petent jurisdiction. (b) A fine may be imposed upon any retail establishment that has provided a carryout bag to a customer in violation of this Article, as follows: 1. A fine not exceeding one hundred dollars ($100.00) for a first violation; 2. A fine not exceeding two hundred dollars ($200.00) for a second violation within one