[Adopted 4-20-2018 by L.L. No. 8-2018]
As used in this article, the following terms shall have the meanings indicated:
EXPANDED POLYSTYRENE
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, but shall include polystyrene coolers.
FOOD SERVICE ESTABLISHMENT
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 establishments shall include, but not be limited to, full-service restaurants, fast-food restaurants, coffee shops, bakeries, delicatessens, take-out food stores, food commissaries, vending trucks and grocery stores.
POLYSTYRENE LOOSE FILL PACKAGING
A void-filling packaging product made of expanded polystyrene that is used as a packaging fill, commonly known as "packing peanuts."
SINGLE SERVICE ARTICLES
Cups, containers, lids, closures, trays, plates, knives, spoons, stoppers, paddles, straws, place mats, 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.
STORE
A retail or wholesale establishment other than a food service establishment.
A. 
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 that consist of expanded polystyrene. This subsection shall not apply to i) expanded polystyrene containers used for prepackaged food that have been filled and sealed prior to receipt by the food service establishment or store or ii) expanded polystyrene containers used to store raw meat, pork, fish, seafood or poultry sold from a butcher case or similar retail appliance.
B. 
No manufacturer or store shall sell or offer for sale polystyrene loose fill packaging or polystyrene coolers in the Village of East Hampton.
The restriction set forth in § 231-6 shall become operative three months following the date of enactment of the local law adding this article to this chapter, so as to allow retail establishments a period of time within which to dispose of their existing inventory of polystyrene items and convert to alternative packaging materials.
Any person committing an offense against any provision of this article 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 article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.