Unless otherwise expressly stated, whenever used in this chapter, the following terms shall have the meanings set forth below:
"Customer"
means a person obtaining prepared food from a food provider.
"Food container"
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.
"Food provider"
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.
"Food service ware"
includes plates, bowls, cups, lids, straws, stirrers, forks, spoons, knives, napkins, trays, and other items primarily designed for use in consuming food.
"Polystyrene foam"
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.
"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.
"Single-use foodware accessory"
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.
"Standard condiment"
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.
"Vendor"
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)
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)