The following terms, as used in this article, shall have the
meanings indicated:
BEVERAGE PROVIDER
Any person, business, entity or event where ready-to-consume
drinks are sold, provided, given or consumed.
CONSUMER
The individual consuming, ordering, buying or receiving the
beverage.
PLASTIC STRAWS
Polypropylene drinking straws or straws made from other plastics,
including bioplastic materials, that are provided individually for
use with beverages being served by a beverage provider to a consumer,
not including pre-packaged beverages that have a straw attached as
part of the packaging for the beverage.
REQUEST
Without prompting from the business, entity, server, staff
or owners of the establishment providing beverages, the consumer specifically
asks for a plastic straw.
No beverage provider shall distribute a plastic straw to a consumer,
unless the consumer specifically requests one.
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.