[§ 2, Ord. 1159-17, eff. July 20, 2017]
The purpose of this chapter is to prohibit the use of polystyrene food service ware, as set forth herein in order to protect the health and welfare of Avalon citizens and promote environmentally sustainable practices in the City.
[§ 2, Ord. 1159-17, eff. July 20, 2017; Ord. 1168-18, eff. October 4, 2018]
Unless otherwise expressly stated, whenever used in this chapter, the following terms shall have the meanings set forth below:
CITY CONTRACTOR
Shall mean any person that enters into an agreement with the City to furnish products or services to or for the City.
CITY FACILITY
Shall mean any building, structure, property, park, open space, or vehicle owned or leased by the City, its agents, agencies, or departments.
CITY-SPONSORED EVENT
Shall mean any event, activity or meeting organized or sponsored, in whole or in part, by the City or any department of the City.
COMMERCIAL BUSINESSES
Means all businesses or establishments operating within the City, that sell perishable or nonperishable goods, including but not limited to, clothing, food, hardware, gifts and personal items, directly to customers or consumers. The definition of commercial businesses do not include "stores" as defined under California Public Resources Code § 42280(g). The following "stores" are excluded from this definition, as follows:
(1) 
A full-line, self-service retail store with gross annual sales of $2,000,000 or more that sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.
(2) 
Has at least 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with § 7200) of Division 2 of the Revenue and Taxation Code) and has a pharmacy licensed pursuant to Chapter 9 (commencing with § 4000) of Division 2 of the Business and Professions Code.
(3) 
Is a convenience food store, foodmart, or other entity that is engaged in the retail sale of a limited line of goods, generally including milk, bread, soda, and snack foods, and that holds a Type 20 or Type 21 license issued by the Department of Alcoholic Beverage Control.
(4) 
Is a convenience food store, foodmart, or other entity that is engaged in the retail sale of goods intended to be consumed off the premises, and that holds a Type 20 or Type 21 license issued by the Department of Alcoholic Beverage Control.
DISPOSABLE FOOD SERVICE WARE OR DISPOSABLES
Shall mean single-use, disposable products used for serving or transporting prepared food, including but not limited to plates, bowls, trays, wrappers or wrapping, platters, cartons, condiment containers, cups or drink ware, or any other container in or on which prepared foods are placed or packaged for consumption. This definition excludes single-use disposable straws, plastic carry-out bags, cup lids, and utensils.
FOOD PROVIDER
Shall mean any person or place that provides or sells prepared food within the City to the general public to be consumed on the premises or for take-away consumption. Food provider includes but is not limited to (1) a grocery store, supermarket, restaurant, drive-thru, cafe, coffee shop, snack shop, public food market, farmers' market, convenience store, or similar fixed place where prepared food is available for sale on the premises or for take-away consumption, and (2) any mobile store, food vendor, caterer, food truck, vending machine, or similar mobile outlet. Food provider also includes any organization, group or individual that regularly provides prepared food to its members or the general public as a part of its activities or services.
PERSON
Shall mean any person, business, corporation, or event organizer or promoter; public, non-profit or private entity, agency, or institution; partnership, association or other organization or group, however organized.
PLASTIC BEVERAGE STRAW
Means a tube made predominantly of plastic derived from either petroleum or biologically based polymer, such as corn or other plant sources, for transferring a beverage from its container to the mouth of the drinker. "Plastic beverage straw" includes compostable and biodegradable petroleum or biologically based polymer straws, but does not include straws that are made from non-plastic materials, such as papers, sugar cane, bamboo, etc.
PLASTIC STIRRER
Means a device that is used to mix beverages, intended for only one-time use, and made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources. "Plastic stirrer" includes compostable and biodegradable petroleum or a biologically based polymer stirrers, but does not include stirrers that are made from non-plastic materials, such as paper, sugar cane, bamboo, etc."
POLYSTYRENE
Shall mean a thermoplastic petrochemical material utilizing the styrene monomer, including but not limited to polystyrene foam or expanded polystyrene, processed by any number of techniques, including but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, or extrusion-blow molding (extruded foam polystyrene), and clear or solid polystyrene (oriented polystyrene). The Recycle Code for polystyrene is "6" or "PS," either alone or in combination with other letters. This definition applies to all polystyrene food service ware, regardless of whether it exhibits a Recycle Code.
POLYSTYRENE COOLERS
Means an insulated container for keeping food and drink cool made of a thermoplastic petrochemical material utilizing the styrene monomer foam or expanded polystyrene."
POLYSTYRENE CUPS
Means a small, bowl-shaped container for drinking from, typically having a handle and made of a thermoplastic petrochemical material utilizing the styrene monomer foam or expanded polystyrene.
POLYSTYRENE FOOD SERVICE WARE
Shall mean disposable food service ware that contains or utilizes polystyrene.
PREPARED FOOD
Shall mean any food or beverage that is one ready to consume without any further food preparation, alteration or repackaging; and two prepared, provided, sold or served by a food provider using any cooking, packaging or food preparation technique. Prepared food may be eaten either on or off the food provider's premises. Prepared food does not include one any raw uncooked meat, poultry, fish or eggs, unless provided for consumption without further food preparation, and two fresh produce provided for consumption without food preparation or repackaging, including fruits, vegetables, and herbs, sold by grocery stores, supermarkets, food markets, farmers' markets and other food vendors.
RECYCLE CODE
Shall mean a resin identification code placed on plastics to identify the material composition for separation of different types of plastics for recycling.
[§ 2, Ord. 1159-17, eff. July 20, 2017; Ord. 1168-18, eff. October 4, 2018]
On and after January 1, 2018:
(a) 
No food provider shall distribute or sell prepared food in any polystyrene food service ware at any location within the City.
(b) 
Food providers that distribute prepared food in disposable food service ware shall (1) distribute only disposables that exhibit a Recycle Code other than No. 6 or PS, and (2) maintain documentation about the composition of the disposable food service ware. Documentation may include information from the supplier, manufacturer, or bulk packaging for the disposables, and any other relevant information demonstrating that the disposable material is not polystyrene.
(c) 
No person shall distribute or sell prepared food in any polystyrene food service ware at City facilities that have been rented, leased or are otherwise being used with permission of the City. This subsection is limited to use of City facilities for which a person has entered into an agreement with the City to rent, lease or otherwise occupy a City facility. All facility rental agreements for any City facility shall include a provision requiring contracting parties to assume responsibility for preventing the utilization and/or distribution of polystyrene food services ware while using City facilities. The facility rental agreement shall indicate that a violating contractor's security deposit will be forfeited if the City Manager or his/her designee determines that polystyrene food services ware was used in violation of the rental agreement.
(d) 
No person shall use or distribute polystyrene food service ware at City-sponsored events, City-managed concessions and City meetings open to the public. This subsection shall apply to the function organizers, agents of the organizers, City contractors, food providers, and any other person that enters into an agreement with one or more of the function sponsors to sell or distribute prepared food or otherwise provide a service related to the function.
(e) 
The City, its departments, and its City contractors, agents and employees acting in their official capacity, shall not purchase or acquire polystyrene food services ware, or distribute it for public use.
(f) 
All food providers required by the Code to have a business license shall certify compliance with this chapter on their annual business license renewal application.
(g) 
The City encourages all businesses located within or outside the City limits to avoid using all polystyrene foam packaging.
(h) 
The sale and commercial distribution of plastic beverage straws, plastic stirrers and any polystyrene product sold or distributed for use as a disposable food service ware, including but not limited to polystyrene cups and coolers, is prohibited within the City.
(i) 
All commercial businesses, as defined by this chapter, are banned from the sale of "single-use carry-out bags" as that term is defined under state law, Public Resources Code § 42280(f)."
[§ 2, Ord. 1159-17, eff. July 20, 2017; Ord. 1168-18, eff. October 4, 2018]
(a) 
The following are exempt from the provisions of this chapter:
(1) 
Food prepared or packaged outside of the City, provided such food is not altered, packaged or repackaged within the City limits.
(2) 
Food provided by the Long Beach Unified School District under its official food service program.
(3) 
Food brought by individuals for personal consumption to City facilities, including but not limited to City parks and the beach, provided the City facility is being used for individual recreation or similar purposes and such facility use is not part of a larger organized event that is otherwise affiliated with the City of Avalon.
(b) 
Food providers that are obligated to purchase or have purchased polystyrene food service ware under a contract that was entered into by the food provider within the year prior to the operative date of this chapter are exempt from the provisions of the chapter for six months following the operative date of this chapter.
(c) 
The City Manager or his/her designee may exempt any person from the requirements of § 6-14.103 following the operative date of this chapter, as follows:
(1) 
A request for an exemption shall be filed in writing with the City Manager or his/her designee and shall include documentation of the reason for the claimed exemption and any other information necessary for the City to make its decision. The City may require the applicant to provide additional information as necessary to make the required determination.
(2) 
The City Manager or his/her designee may approve the exemption for a maximum of one year, with or without conditions, upon finding that compliance would create an undue hardship. Undue hardship shall be construed to include but not limited to situations where:
a. 
There is no reasonable alternative to polystyrene food service ware for reasons that are unique to the applicant; or
b. 
Compliance with the requirements of this chapter would deprive a person of a legally protected right. The exemption may be extended for additional terms of up to one year each, upon a showing of the continuation of the legal right.
(3) 
The City Manager's written decision on the exemption is effective within 10 days of the decision. Decisions of the City Manager may be appealed by the person applying for the exemption to the City Council. Appeals shall be filed in writing with the City Clerk within 10 days of the decision and shall be accompanied by a fee set by resolution of the City Council. Notice of hearing shall be given to the applicant at least 10 days prior to the hearing. The City Council shall make its decision within 60 days of receiving the appeal.
[§ 2, Ord. 1159-17, eff. July 20, 2017]
(a) 
Any person convicted of a violation of this chapter is guilty of an infraction, which is punishable pursuant to the penalty provisions set forth as follows:
(1) 
First Offense: a written warning notice will be given with 30 days to comply;
(2) 
Second Offense: within a six-month period shall be subject to a fine not exceeding $100;
(3) 
Third Offense: within a one-year period from the second offense shall be subject to a fine not exceeding $200;
(4) 
Subsequent Offenses: occurring within one year from the second offense or ongoing offenses shall be subject to a fine(s) not exceeding $500 for each additional violation within one year of any prior violation.
(b) 
The penalties provided herein are in addition to all other remedies authorized by law and the enumeration of certain penalties shall not preclude the application of other remedies or penalties not herein enumerated.