[Adopted 4-7-2020 by Ord. No. 2993-20]
As used in this section, the following terms shall have the
meanings indicated:
Any liquid, including any juice, smoothie, slurry, frozen,
semi-frozen, 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 small bag or pouch that contains single-use quantities
of foods such as ketchup, mustard, sugar or soy sauce and is commonly
opened by making a small rip or tear in the packet and squeezing or
pouring out the contents.
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 non-plastic materials, such as paper, sugar cane, bamboo,
grass, metal, 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,
but does not include stirrers made of nonplastic materials such as
wood, bamboo, paper, etc.
Any person located within the Township who 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.
Any item used with food and beverages, such as cups, lids,
beverage sleeves, containers, closures, trays, plates, forks, knives,
spoons, chopsticks, stirrers, other utensils, wrapping materials,
condiment packages, and portion cups and all similar articles that
are intended by the retail establishment to be used once for eating
or drinking or that are generally recognized by the public as items
to be discarded after one use. Straws are intentionally omitted from
inclusion within this definition.
A.
A food provider shall be prohibited from offering single-use food
and beverage accessories, except upon customer's 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.
A food provider shall be permitted to establish a utensil and condiment
self-service area for customers to self-select utensils and condiment
packets, except that no self-service area may contain disposable plastic
straws or disposable plastic stirrers.
C.
A food provider shall be prohibited from asking a delivery customer
if they want single-use food and beverage accessories and shall be
prohibited from providing any to a delivery customer except upon customer's
request.
The restrictions set forth herein 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 or
single-use food and beverage accessories.
D.
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
serviceware prior to the passage of this section and that the supply
will not be exhausted prior to the effective date of this section.
The Director of Community Development shall make a determination concerning
the exemption upon submission to the Director of Community Development
or his/her designee of proof of purchase showing the date of purchase
of polystyrene foam disposable food serviceware and the quantity 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
shall be brought to the Township Committee.
Nothing in this section precludes a food provider from using,
providing, distributing or selling nonplastic alternatives to plastic
beverage straws, stirrers or single-use food and beverage accessories,
such as those made from paper, sugar cane, glass, grass, metal, bamboo,
etc.
A.
The Division of Health and the Division of Code Enforcement have
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.
A food provider who 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:
