[11-18-2019 by Ord. No.
19-3205]
As used in this section, the following terms shall have the
meanings indicated:
BEVERAGE
Any liquid, including any juice, smoothie, slurry, frozen,
semifrozen, or other forms of liquids, intended for drinking.
BEVERAGE PROVIDER
Any business, organization, entity, group, or individual
located within the City that offers beverages to the public for consumption.
DISPOSABLE PLASTIC (BEVERAGE) STRAW
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.
DISPOSABLE PLASTIC STIRRER
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.
FOOD PROVIDER
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.
PERSON
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.
The restrictions set forth in Subsection
13-1.2 shall not apply to:
a. Prepackaged drinks sold or distributed by a food provider.
b. Use by any individual(s) with a disability or other impairment requiring
the use of a plastic straw.
c. Nonplastic alternatives to plastic beverage straws or stirrers.
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.
[11-18-2019 by Ord. No.
19-3206]
As used in this section, the following terms shall have the
meanings indicated:
DISPOSABLE FOOD SERVICE WARE
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.
FOOD PROVIDER
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.
PERSON
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.
POLYSTYRENE FOAM
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.
PREPARED 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, "prepared food" includes food which
may be eaten on or off the premises, including take-out food.
RAW 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.
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]
As used in this section, the following terms shall have the
meanings indicated:
COMPLIANT REUSABLE BAG
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.
PERSON
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.
POST-CONSUMER RECYCLED MATERIAL
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.
PRODUCE BAG or PRODUCT BAG
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.
RECYCLABLE
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.
RETAIL ESTABLISHMENT
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.
SINGLE-USE PLASTIC CHECK-OUT BAG
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:
a.
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;
b.
Laundry or dry-cleaning bags;
d.
Bags used to contain or wrap frozen foods, meat, or fish, whether
packaged or not;
e.
Bags used to contain or wrap flowers, potted plants, or other
items where dampness may be an issue;
f.
Bags used to contain unwrapped prepared foods or bakery goods;
g.
Bags used to contain or wrap chemicals or paints; or
h.
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. This prohibition does not apply to product bags, produce bags, recyclable
paper check-out bags or compliant reusable bags.
b. 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. 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 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.
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.