[§ 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:
Shall mean any person that enters into an agreement with
the City to furnish products or services to or for the City.
Shall mean any building, structure, property, park, open
space, or vehicle owned or leased by the City, its agents, agencies,
or departments.
Shall mean any event, activity or meeting organized or sponsored,
in whole or in part, by the City or any department of the City.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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."
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.
Means an insulated container for keeping food and drink cool
made of a thermoplastic petrochemical material utilizing the styrene
monomer foam or expanded polystyrene."
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.
Shall mean disposable food service ware that contains or
utilizes polystyrene.
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.
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.
