[11-18-2019 by Ord. No.
19-3205[1]]
[1]
Editor's Note: This ordinance provided that it shall take
effect 5-1-2020.
As used in this section, the following terms shall have the
meanings indicated:
Any liquid, including any juice, smoothie, slurry, frozen,
semifrozen, or other forms of liquids, intended for drinking.
Any business, organization, entity, group, or individual
located within the City that offers beverages to the public for consumption.
A tube made predominantly of plastic derived from either
petroleum or a biologically based polymer, such as corn or other plant
sources, for the purpose of imbibing liquids or transferring a beverage
from its container to the mouth of the drinker by suction. "Disposable
plastic (beverage) straw" includes compostable and biodegradable petroleum
or biologically based polymer straws but does not include straws that
are made from nonplastic materials, such as paper, sugar cane, bamboo,
grass, etc.
A device that is used to mix beverages, intended for only
one-time use, and predominantly made of plastic derived from petroleum
or biologically based polymer such as corn or other plant sources.
Any person located within the City that is a retailer of
prepared food or beverages for public consumption, including, but
not limited to, any store, supermarket, delicatessen, restaurant,
shop, caterer, bar, pub, coffee shop, coffee stand, juice bar, convenience
store, liquor store, mobile food vendor or cart, or any organization,
group, or individual that regularly provides prepared food or beverages
as part of its services.
Any individual, business, firm, event promoter, trust, joint
stock company, corporation (both for-profit and nonprofit) including
a governmental entity, partnership, or association or other organization
or group, however organized.
a.Â
A food provider shall be prohibited from having self-serve/self-service
disposable plastic beverage straw dispensers and stirrer dispensers
and from providing or offering a disposable plastic beverage straw
to a dine-in customer or take-out customer, except upon customer request.
A request is not limited to a verbal request; it may be any reasonable
affirmation of the customer's intent to procure a disposable
plastic beverage straw or disposable plastic stirrer.
b.Â
A food provider shall be permitted to ask a delivery customer if
he or she wants a disposable plastic beverage straw but shall be prohibited
from providing a disposable plastic beverage straw or stirrer to a
delivery customer except upon customer request.
The restrictions set forth in Subsection 13-1.2 shall not apply to:
Nothing in this section precludes a food provider from using,
providing, distributing or selling nonplastic alternatives to plastic
beverage straws, such as those made from paper, sugar cane, glass,
grass, metal, or bamboo.
a.Â
The Regional Health Department has the responsibility for enforcement
of this section and shall have the authority to promulgate rules as
necessary and appropriate for the implementation of this section consistent
with the intent and purposes of this section.
b.Â
A food provider that violates or fails to comply with any of the
requirements of this section shall be issued an initial written warning
and shall have 30 days to correct the violation. After an initial
written warning notice has been issued, the food provider shall be
subject to the following penalties:
c.Â
A fine shall be imposed for each day a violation occurs or is allowed
to continue.
d.Â
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this section, or of any rule
or regulation adopted pursuant thereto, may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
this state.
[11-18-2019 by Ord. No.
19-3206[1]]
[1]
Editor's Note: This ordinance provided that it shall take
effect 5-1-2020.
As used in this section, the following terms shall have the
meanings indicated:
All containers, bowls, plates, trays, cartons, cups, lids
and other items designed for one-time use and on or in which any restaurant
or retail food vendor directly places or packages prepared foods for
consumption. This includes, but is not limited to, service ware for
take-out food or drinks and/or leftovers from partially consumed meals
prepared by food providers.
Any person located within the City that is a retailer of
prepared food or beverages for public consumption, including, but
not limited to, any store, supermarket, delicatessen, restaurant,
shop, caterer, bar, pub, coffee shop, coffee stand, juice bar, convenience
store, liquor store, mobile food vendor or cart, or any organization,
group, or individual that regularly provides prepared food or beverages
as part of its services.
Any individual, business, firm, event promoter, trust, joint
stock company, corporation (both for-profit and nonprofit) including
a governmental entity, partnership, or association or other organization
or group, however organized.
Includes blown polystyrene and expanded and extruded foams
(sometimes called "Styrofoam®," a Dow
Chemical Co. trademarked form of polystyrene foam) which 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 polystyrene), injection molding,
foam molding, and extrusion blown molding.
Food or beverages which are served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed, or otherwise prepared on
the food vendor's premises or within the City of Summit. For
the purposes of this section, "prepared food" includes food which
may be eaten on or off the premises, including take-out food.
Food or beverages which are served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed, or otherwise prepared on
the food vendor's premises or within the City of Summit. For
the purposes of this section, "raw food" includes meat, fish, poultry,
eggs, and vegetables on trays made in whole or in part from polystyrene
foam either as separate items or as part of the sale to consumers
from a refrigerator case or similar retail appliance.
a.Â
Food providers are prohibited from providing prepared food and/or
raw food in disposable food service ware that contains polystyrene
foam.
b.Â
No person may sell, offer for sale, or otherwise distribute within
the City of Summit any disposable food service ware that contains
polystyrene foam.
c.Â
All City facilities, City-managed concessions, City-sponsored events,
and City-permitted events are prohibited from using polystyrene foam
disposable food service ware. This prohibition shall apply to the
event organizers, agents of the event organizers, event food vendors,
and any other party, including nonprofit organizations, who enters
into an agreement to provide food with one or more of the co-sponsors
of the event.
d.Â
City departments are prohibited from purchasing polystyrene foam
disposable service ware.
b.Â
Any food provider or person may apply for a hardship exemption to
delay the enforcement of this section by demonstrating that the food
provider has purchased a supply of polystyrene foam disposable food
service ware prior to the passage of this section and that the supply
will not be exhausted prior to the effective date of this section.
The Capital Projects and Community Services Committee shall make a
determination concerning the exemption upon submission to the Director
of Community Services or his/her designee of proof of purchase showing
the date of purchase of polystyrene foam disposable food service wares
and the quantity of bags purchased, as well as information concerning
the period of time needed to deplete the supply. All applications
for an exemption must be submitted within 60 days of the effective
date of this section. Any appeal of a determination by the Capital
Projects and Community Services Committee shall be brought to the
Common Council.
a.Â
The Regional Health Department has the responsibility for enforcement
of this section for all food providers.
b.Â
Any food provider or person subject to this section that violates
or fails to comply with any of the requirements of this section after
an initial written warning notice has been issued shall be subject
to the following penalties:
c.Â
A fine shall be imposed for each day a violation occurs or is allowed
to continue.
d.Â
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this section, or of any rule
or regulation adopted pursuant thereto, may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
this state.
The Regional Health Department shall have the authority to promulgate
rules as necessary and appropriate for the implementation of this
section, subject to its jurisdiction and consistent with the intent
and purposes of this section.
[11-18-2019 by Ord. No.
19-3204[1]]
[1]
Editor's Note: This ordinance provided that it shall take
effect 5-1-2020.
As used in this section, the following terms shall have the
meanings indicated:
A bag made of cloth or other washable material or material
capable of being disinfected with stitched handles that is specifically
designed and manufactured for multiple reuses.
Any individual, business, firm, event promoter, trust, joint
stock company, corporation (both for-profit and nonprofit) including
a governmental entity, partnership, or association or other organization
or group, however organized.
A bag constructed of a material that would otherwise be destined
for solid waste disposal, having completed its intended end use and
product life cycle. Post-consumer recycled material does not include
materials and by-products generated from, and commonly reused within,
an original manufacturing and fabrication process.
A very thin bag without handles used exclusively to carry
produce, meats, or other food items to the point of sale inside a
retail establishment or, for reasons of public health and safety,
to prevent such food items from coming into direct contact with other
purchased items.
Capable of being sorted, cleansed, and reconstituted using
available recycling collection programs for the purpose of reusing
the altered, incinerated, converted, or otherwise thermally destroyed
solid waste generated therefrom, recycled in a manner that is environmentally
effective, economically feasible, and safe for employees as deemed
feasible by the municipality.
A paper bag that is 100% recyclable overall and contains
a minimum of 40% post-consumer recycled material.
Any commercial enterprise, whether or not operated for profit,
that sells perishable or nonperishable goods and products for use
and/or consumption, including, but not limited to, a business establishment
that generates a sales or use tax; a drugstore, pharmacy, supermarket,
grocery store, convenience food store, food mart, liquor store, or
other commercial entity (including vendors at street fairs and establishments
operating from a temporary facility, cart, vehicle, or mobile unit);
a public establishment (e.g., a restaurant, take-out food establishment,
or any other business that prepares and sells prepared food to be
eaten on or off its premises); and a business establishment that sells
clothing, hardware, jewelry, tobacco, toys, books, or cosmetics, or
any other nonperishable goods directly to any person and is located
within or doing business within the geographical limits of the City
of Summit.
A bag made predominantly of plastic derived from either petroleum
or a biologically based source, such as corn or other plant sources,
provided by a retail establishment to a customer at the point of sale,
but shall not include:
Produce or product bags, whether plastic or not, in which loose
or bulk items, such as fruit, vegetables, nuts, grains, candies, or
small hardware items, are placed by a consumer to deliver such items
to the point of sale or check-out area of a retail establishment;
Laundry or dry-cleaning bags;
Newspaper bags;
Bags used to contain or wrap frozen foods, meat, or fish, whether
packaged or not;
Bags used to contain or wrap flowers, potted plants, or other
items where dampness may be an issue;
Bags used to contain unwrapped prepared foods or bakery goods;
Bags used to contain or wrap chemicals or paints; or
Bags sold in packages containing multiple bags intended for
use as food storage bags, garbage bags, yard waste bags, contractor
bags, or pet waste bags.
No retail establishment shall provide to any person a single-use
plastic check-out bag for the purpose of carrying goods away from
the point of sale, regardless of where payment for the transaction
physically occurs, including take-out deliveries from retail establishments,
with the following exceptions:
a.Â
This prohibition does not apply to product bags, produce bags, recyclable
paper check-out bags or compliant reusable bags.
b.Â
This prohibition does not apply to items required to be sold or delivered
in plastic bags in compliance with state and federal and state food
safety laws.
c.Â
This prohibition does not apply to tax-exempt 501(c)(3) establishments
that accept donations of items for sale, provided that those establishments
reuse bags from donations and do not purchase new plastic bags.
a.Â
All retail establishments shall make recyclable paper check-out bags
available to a person at no charge.
b.Â
A retail establishment may, at its discretion, provide a person with
compliant reusable bags, as defined herein, for a fee or at no charge.
c.Â
Nothing in this Section prohibits customers from using bags of any
type that they choose to bring to retail establishments themselves
or from declining the use of any bag.
a.Â
A retail establishment may choose, at its discretion, to provide
a credit to customers that choose to bring their own bags.
b.Â
Each retail establishment is strongly encouraged to educate its employees
to promote the use of compliant reusable bags and to post signs encouraging
customers to use compliant reusable bags rather than recyclable paper
check-out bags.
c.Â
Each retail establishment is strongly encouraged to educate on plastic
bag and plastic film recycling and offer a take-back program.
A retail establishment may apply for a hardship exemption to
delay the enforcement of this section by demonstrating that the retail
establishment has purchased a supply of single-use plastic check-out
bags prior to the passage of this section and that the supply will
not be exhausted prior to the effective date of this section. The
Capital Projects and Community Services Committee shall make a determination
concerning the exemption upon submission to the Director of the Department
of Community Services or his designee of proof of purchase showing
the date of purchase of plastic check-out bags and the quantity of
bags purchased, as well as information concerning the period of time
needed to deplete the supply. All applications for an exemption must
be submitted within 60 days of the effective date of this section.
Any appeal of a determination by the Capital Projects and Community
Services Committee shall be brought to the Common Council.
a.Â
The Regional Health Department has the responsibility for enforcement
of this section for all retail establishments serving or selling food
and/or beverages. The Summit Department of Community Services has
the responsibility for enforcement of this section for all other retail
establishments.
b.Â
Any retail establishment that violates or fails to comply with any
of the requirements of this section shall be issued an initial written
warning notice and shall have 30 days to correct the violation. After
an initial written warning notice has been issued, the retail establishment
shall be subject to the following penalties:
c.Â
A fine shall be imposed for each day a violation occurs or is allowed
to continue.
d.Â
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this section, or of any rule
or regulation adopted pursuant thereto, may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
this state.
The Department of Community Services and Regional Health Department
shall have the authority to promulgate rules as necessary and appropriate
for the implementation of this section, subject to their respective
jurisdiction and consistent with the intent and purposes of this section.
