Unless otherwise expressly stated, whenever used in this chapter,
the following terms shall have the meanings set forth below:
means a person obtaining prepared food from a food provider.
means a container that is used, or is intended to be used,
to hold prepared food. "Food container" includes, but
is not limited to, a cup, bowl, plate, tray, carton, or clamshell
container that is intended for single use.
means any vendor, business, organization, entity, group or
individual operating in the city of Sunnyvale that offers food or
beverages to the public for consumption on or off premises, regardless
of whether there is a charge for the food. "Food provider"
includes, but is not limited to, restaurants, retail food establishments,
caterers, cafeterias, stores, shops, sales outlets, grocery stores,
delicatessens, itinerant restaurants, pushcarts, and vehicular food
vendors. "Food provider" also includes cafeterias in private
schools and places of employment whether or not such establishments
are open to the general public.
includes plates, bowls, cups, lids, straws, stirrers, forks,
spoons, knives, napkins, trays, and other items primarily designed
for use in consuming food.
means a container made of blown polystyrene, and expanded
and extruded foams (sometimes called Styrofoam™) which are thermoplastic
petrochemical materials utilizing a styrene monomer and processed
by any number of techniques, including, but not limited to, fusion
of monomer spheres (expanded bead polystyrene), injection molding,
foam molding, and extrusion-blown molding (extruded foam polystyrene),
which is used, or is intended to be used, to hold prepared food.
means any food, including beverages, that is served, packaged,
cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise
prepared for consumption, including, but not limited to, ready-to-eat
and takeout food.
has the meaning defined in Section 42270 of the Public Resources
Code, to include forks, knives, spoons, sporks, chopsticks, standard
condiment cups and packets, straws, stirrers, splash sticks, and cocktail
sticks.
means relishes, spices, sauces, confections, or seasonings
that require no additional preparation and that are usually used on
a food item after preparation, including ketchup, mustard, mayonnaise,
soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
means any store or business which sells or offers goods or
merchandise, located or operating within the city of Sunnyvale.
(Ord. 3005-13 § 2; Ord. 3193-22 § 2)
(a)
On
or after April 22, 2014, a food provider shall not dispense prepared
food to a customer in a polystyrene foam food container.
(b)
On
or after April 22, 2015, polystyrene foam food containers and polystyrene
foam food service ware shall not be sold or provided by any vendor
in the city of Sunnyvale.
(Ord. 3005-13 § 2)
It is unlawful for any food provider to violate California Public
Resources Section 42270 through 42273 concerning single-use foodware
accessories and standard condiment cups and packets.
(Ord. 3193-22 § 3)
The following are exempt from the provisions of this chapter:
(a)
Raw
eggs and raw, butchered meat, fish, or poultry that is sold from a
butcher case or a similar retail appliance.
(b)
A
food provider may dispense prepared food to a customer using polystyrene
foam containers if that food provider demonstrates, in writing, to
the satisfaction of the director of environmental services that compliance
with the provisions of this chapter will impose a unique problem,
not generally applicable to other persons in similar circumstances,
that will result in an undue economic hardship. The director of environmental
services shall put the decision to grant or deny an exemption in writing
and may exempt the food vendor pursuant to this subdivision until
April 22, 2015, or not more than one year from the date of the demonstration,
whichever date is sooner. The director's decision shall be final.
(Ord. 3005-13 § 2)
(a)
The
director of environmental services has primary responsibility for
enforcement of this chapter. The director of environmental services
is authorized to promulgate regulations and to take any and all other
actions reasonable and necessary to enforce this chapter, including,
but not limited to, investigating violations, issuing fines and entering
the premises of any store during business hours.
(b)
If
the director of environmental services determines that a violation
of this chapter has occurred, he or she will issue a written warning
notice to the operator of the vendor or food provider that a violation
has occurred and the potential penalties that will apply for future
violations.
(c)
Any
vendor or food provider that violates or fails to comply with any
of the requirements of this chapter after a written warning notice
has been issued for that violation shall be guilty of an infraction.
(d)
If
a vendor or food provider has subsequent violations of this chapter
that are similar in kind to the violation addressed in a written warning
notice, the following penalties will be imposed through issuance of
an administrative citation and shall be payable by the operator:
(1)
A fine not exceeding one hundred dollars for the first violation
after the written warning notice is given;
(2)
A fine not exceeding two hundred dollars for the second violation
after the written warning notice is given; or
(3)
A fine not exceeding five hundred dollars for the third and any subsequent
violations after the written warning notice is given.
(e)
A
fine shall be imposed for each day a violation occurs or is allowed
to continue.
(f)
All
fines collected pursuant to this chapter shall be deposited in the
Wastewater Management Fund of the department of environmental services
to assist the department with its costs of implementing and enforcing
the requirements of this chapter.
(g)
Any
vendor or food provider who receives a written warning notice or fine
may request an administrative review of the accuracy of the determination
or the propriety of any fine issued, by filing a written notice of
appeal with the director of environmental services no later than thirty
days after receipt of a written warning notice or fine, as applicable.
The notice of appeal must include all facts supporting the appeal
and any statements and evidence, including copies of all written documentation
and a list of any witnesses, that the appellant wishes to be considered
in connection with the appeal. The appeal will be heard by a hearing
officer designated by the director of environmental services. The
hearing officer will conduct a hearing concerning the appeal within
forty-five days from the date that the notice of appeal is filed,
or on a later date if agreed upon by the appellant and the city, and
will give the appellant ten days prior written notice of the date
of the hearing. The hearing officer may sustain, rescind, or modify
the written warning notice or fine, as applicable, by written decision.
The hearing officer will have the power to waive any portion of the
fine in a manner consistent with the decision. The decision of the
hearing officer is final and effective on the date of service of the
written decision, is not subject to further administrative review,
and constitutes the final administrative decision.
(Ord. 3005-13 § 2; Ord. 3193-22 § 4)
