[Adopted 5-21-2019 by L.L. No. 2-2019]
[Amended 10-15-2019 by L.L. No. 7-2019]
This article shall be known and referred to as "A Local Law Requiring Restaurants and Fast Food Service Establishments Provide Plastic Beverage Straws, Plastic Stirrers, Plastic Cutlery, and Condiment Packets Only Upon Request."
[Amended 10-15-2019 by L.L. No. 7-2019]
Ulster County continues to be a leader in environmental management. The Ulster County Legislature recognizes that making certain single-use plastic items available upon request will drastically reduce the plastic put into our environment, helping to preserve our community. Allowing customers to make a choice empowers each patron to choose to help eliminate plastic pollution, and is a small step towards the elimination of single-use plastic.
As used in this article, the following terms shall have the meanings indicated:
BEVERAGE STRAW
A tube for transferring a beverage from its container to the mouth of the drinker.
CONDIMENT PACKET
Any spice, sauce, or seasoning packaged in a single-serving packet that is intended to be added to food to impart a particular flavor, to enhance its flavor, or to complement a dish.
[Added 10-15-2019 by L.L. No. 7-2019]
CUTLERY
Knives, forks, and spoons used for eating food.
[Added 10-15-2019 by L.L. No. 7-2019]
DINE-IN CUSTOMER
A customer that orders and consumes prepared food on a restaurant's premises.
FAST FOOD SERVICE ESTABLISHMENT
Food service establishments located within the County of Ulster that serve food and/or beverages via a drive-through; in a packaged form for takeout/takeaway; or from stands or kiosks which provide no shelter for customers.
PREPARED FOOD
Food or beverage prepared for consumption on the restaurant's premises, using any cooking or food preparation technique.
RESTAURANT
Any vendor located or providing food within the County of Ulster which provides prepared food for public consumption on its premises.
SINGLE-USE
A product that is designed to be only used one time in its same form by the customer, food vendor or other entity.
STIRRER
An object or device used to mix something, frequently offered at establishments that serve coffee.
[Added 10-15-2019 by L.L. No. 7-2019]
TAKEOUT FOOD ORDERS
Prepared meals or other food or beverage items that a customer purchases at a restaurant and intends to eat elsewhere.
[Amended 10-15-2019 by L.L. No. 7-2019]
A. 
Restaurants and fast food service establishments shall only provide a single-use plastic beverage straw, single-use plastic cutlery, and single-use plastic to a dine-in customer upon the customer's request.
B. 
Restaurants and fast food service establishments shall only provide a single-use plastic beverage straw, single-use plastic cutlery, and single-use plastic stirrers to a customer purchasing a take-out food order upon the customer's request.
C. 
Restaurants and fast food service establishments shall provide single-use condiment packets to a dine-in customer and/or a customer purchasing a take-out food order upon the customer's request; however, the establishment may display single-use condiment packets allowing for a customer to help oneself without a request.
D. 
Nothing in this article shall prevent any establishment from providing paper or nonplastic straws or biodegradable alternatives to plastic stirrers and cutlery without a request.
[Amended 10-15-2019 by L.L. No. 7-2019]
A. 
Each restaurant and fast food service establishment that provides single-use plastic beverage straws, single-use plastic cutlery, single-use plastic stirrers, and/or single-use condiment packets shall post a sign in a location easily visible to each customer which shall state: "SINGLE-USE PLASTIC BEVERAGE STRAW, SINGLE-USE PLASTIC CUTLERY, SINGLE-USE PLASTIC STIRRERS, AND/OR SINGLE-USE CONDIMENT PACKETS AVAILABLE UPON REQUEST." Items mentioned above that are not offered by the restaurant or fast food service establishment shall not be included in signage.
B. 
Signs shall be protected from tampering, damage, removal, or concealment.
Violations of this article shall be enforced as follows:
A. 
For the first violation, the Commissioner of Health, or designee, upon determination that a violation of this article has occurred, shall issue a written warning notice to the fast food service establishment or restaurant which will specify the violation and the appropriate penalties in the event of future violations.
B. 
Thereafter, the following penalties shall apply:
(1) 
First offense. Any fast food service establishment or restaurant guilty of a first offense shall be guilty of a violation and shall be fined an amount not to exceed $25.
(2) 
Second offense. Any fast food service establishment or restaurant guilty of a second offense shall be guilty of a violation and shall be fined an amount not to exceed $50.
(3) 
Third and subsequent offense. Any fast food service establishment or restaurant guilty of a third or subsequent offense shall be guilty of a violation and shall be fined an amount not to exceed $100 for each offense.
C. 
For the purpose of this section, each physical location or establishment shall be treated individually, and offenses and fines for separate locations shall be considered individually.
This article shall be null and void on the day that federal or statewide legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this chapter, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Ulster. The County Legislature may determine via mere resolution whether or not identical or substantially similar federal or statewide legislation, or pertinent preempting state or federal regulations have been enacted for the purposes of triggering the provisions of this section.
[Amended 10-15-2019 by L.L. No. 7-2019]
If any clause, sentence, paragraph, section, subdivision, or other part of this article or its application shall be inconsistent with any federal or state statute, law, regulation or rule then the federal or state statute, law, regulation, or rule shall prevail. If any clause, sentence, paragraph, section, subdivision, or other part of this article or its application shall be adjudged by a court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder of the local law which shall remain in full force and effect except as limited by such order or judgment.
[Amended 10-15-2019 by L.L. No. 7-2019]
This article shall be effective subsequent to filing in the Office of the Secretary of State.