[HISTORY: Adopted by the Town Board of the Town of Southampton 12-18-2014 by L.L. No.
30-2014; amended in its entirety 2-12-2019 by L.L. No. 4-2019.
Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
indicated meanings:
Any business, organization, entity, group, or individual
that offers liquid, slurry, frozen, semifrozen, or other forms of
beverages to the public for consumption.
A carryout bag that is provided to a customer at the point
of sale. The term "checkout bag" does not include plastic produce
bags or plastic bags measuring 28 inches by 36 inches or larger in
size.
Blown polystyrene and expanded and extruded foams that are
thermoplastic petrochemical materials utilizing a styrene monomer
and processed by any number of techniques, including, but not limited
to, fusion of polymer spheres (expandable bead foam), injection molding,
foam molding, and extrusion-blown molding (extruded foam polystyrene).
Such term shall not include rigid polystyrene.
A premises or part of a premises where food is provided directly
to the consumer, whether such food is provided free of charge or sold,
and whether consumption occurs on or off the premises or is provided
from a pushcart, stand or vehicle. Food service establishment shall
include, but not be limited to, full-service restaurants, fast food
restaurants, cafes, bakeries, delicatessens, take-out food stores,
coffee shops, grocery stores, vending trucks or carts and cafeterias.
Every person, firm or corporation that:
Any facility that:
A flexible container made of very thin plastic material with
a single opening that is used to transport produce, meats or other
items selected by the customers to the point of sale.
A device that is used to mix beverages, intended for only
one-time use, and made predominantly of plastic derived from a petroleum
polymer or a biologically based polymer, such as corn or other plant
sources.
A disposable tube made predominantly of plastic derived from
either petroleum or a biologically based polymer, such as corn or
other plant sources, used to transfer a beverage from a container
to the mouth of the person drinking the beverage. "Plastic straw"
does not include a straw made from nonplastic materials, including,
but not limited to, paper, pasta, sugar cane, wood, or bamboo.
A void-filling packaging product made of expanded polystyrene
that is used as a packaging fill, commonly known as packing peanuts.
A paper bag that should have the following characteristics:
The transfer to a customer of goods in exchange for payment
occurring in retail stores, sidewalk sales, farmer's markets,
flea markets and restaurants. The term "retail sales" does not include
sales of goods at yard sales, tag sales, other sales by residents
at their home and sales by nonprofit organizations.
A bag with handles that is specifically designed and manufactured
for multiple reuse and is:
Cups, containers, lids, closures, trays, plates, knives,
spoons, stoppers, paddles, straws, place mates, napkins, doilies,
wrapping materials, toothpicks and all similar articles that are intended
by the manufacturer to be used once for eating or drinking or that
are generally recognized by the public as items to be discarded after
one use.
A retail or wholesale establishment other than a food service
establishment.
A.Â
No food service establishment, mobile food commissary, or store shall
possess, sell, or offer for use single service articles that consist
of expanded polystyrene, including, but not limited to, providing
food in single service articles or containers that consist of expanded
polystyrene. This subsection shall not apply to:
(1)Â
Expanded polystyrene containers used for prepackaged food that have
been filled and sealed prior to receipt by the food service establishment,
mobile food commissary, or store; or
(2)Â
Expanded polystyrene containers used to store raw meat, pork, fish,
seafood or poultry sold from a butcher case or similar retail appliance.
B.Â
No manufacturer or store shall use or offer for sale polystyrene
loose fill packaging or coolers made of expanded polystyrene in the
Town.
A.Â
All food service establishments and beverage providers in the Town
of Southampton shall provide straws and stirrers only upon request,
except that stirrers may be provided to customers at self-service
beverage stations.
[Amended 5-7-2019 by L.L. No. 14-2019]
B.Â
All straws and stirrers provided shall be made of nonplastic materials.
C.Â
In accordance with the Americans with Disabilities Act, food service
establishments and beverage providers may possess up to 20 plastic
straws for use only by persons who specifically require them.
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $1,000 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
