The following words and phrases, whenever used in this chapter,
shall be construed as defined in this section:
"Chlorofluorocarbons" ("CFCs")
means the family of chemical substances containing carbon,
fluorine and chlorine and having no hydrogen atoms and no double bonds.
"Customer"
means anyone purchasing food or beverages from a restaurant
or retail food vendor.
"Food packaging"
means all bags, sacks, wrapping, boxes, containers, bowls,
plates, trays, cartons, cups, straws or lids which are not intended
for reuse, on or in which any foods or beverages are placed or packaged
on a restaurant's or retail food vendor's premises.
"Prepared food"
means beverages and foods which are prepared on the vendor's
premises by cooking, chopping, slicing, mixing, freezing, squeezing
or otherwise, and which require no further preparation to be consumed.
Prepared food does not include any raw uncooked meat product or fruits
or vegetables which are not chopped, squeezed, mixed or otherwise
processed in some fashion.
"Restaurant"
means any establishment located within the city of Sunnyvale,
selling prepared food to be eaten on or about its premises by customers,
including but not limited to the following: coffee shop, short-order
cafe, luncheonette, tavern, bar, sandwich stand, soda fountain, school
lunch room, cafeteria or delicatessen. "Restaurant" also includes
sidewalk and other outdoor facilities.
"Retail food vendor"
means any store, shop, sales outlet, caterer, lunch truck,
pushcart vendor or other business including a grocery store or a delicatessen,
other than a restaurant, located within the city of Sunnyvale, which
provides or sells takeout food.
"Supplier"
means anyone supplying food packaging to a restaurant or
retail food vendor within the city of Sunnyvale.
"Takeout food"
means prepared foods or beverages requiring no further preparation
to be consumed and which may be purchased in order to be consumed
off the retail food vendor's premises.
(Ord. 2330-90 § 1)
No retail food vendor or restaurant located or doing business in the city of Sunnyvale shall purchase, obtain, keep, sell, distribute or provide to customers or otherwise use in its business, any CFC-processed food packaging, except as provided in Section
8.18.050.
(Ord. 2330-90 § 1)
Food packaging required to be paid for or shipped prior to September
1, 1990, is exempt from the provisions of this chapter.
(Ord. 2330-90 § 1)
The city of Sunnyvale shall not purchase any CFC-processed food
packaging, nor shall any city-sponsored event utilize such packaging.
(Ord. 2330-90 § 1)
(a) Anyone violating or failing to comply with any of the requirements of this chapter shall be guilty of an infraction, upon conviction shall be punishable as set forth in Chapter
1.04 of this code.
(b) The
city attorney may seek legal, injunctive or other equitable relief
to enforce this chapter.
(c) The
remedies and penalties provided in this section are cumulative and
not exclusive.
(Ord. 2330-90 § 1; Ord. 2422-92 § 5)