“Director”
means the Director of Public Works or designee.
“Disposable food service ware”
means disposable products intended for single or limited
number of uses, used in the restaurant and food service industry for
serving or transporting prepared, ready-to-consume food or beverages.
Disposable food service ware includes, but is not limited to, plates,
cups, bowls, trays, hinged or lidded containers, straws, stirrers,
lid plugs, lids and utensils. This does not include disposable packaging
for unprepared foods.
“Food or beverage provider”
means any business, organization, entity, group, or individual
providing prepared food or beverages for public consumption on or
off its premises within the City of Santa Monica.
“Marine degradable”
means products recognized as “marine degradable”
under California state law,
Public Resources Code Section 42357, or
designed to biodegrade under the marine environmental conditions of
aerobic marine waters or anaerobic marine sediments in less than one
hundred twenty days. Products predominantly made with plastics, either
petroleum or biologically based, shall not be considered marine degradable.
“Polystyrene”
means a synthetic material made from polymerizing styrene.
This type of plastic can be identified as Plastic #6.
“Prepared food”
means any food or beverage prepared on the food provider’s
premises, using any cooking or food preparation technique. This does
not include any raw uncooked meat, fish or eggs unless provided for
consumption without further food preparation. Prepared food may be
eaten either on or off the premises.
(Added by Ord. No. 2216CCS §
1, adopted 1/9/07; amended by Ord. No. 2586CCS § 1, adopted 8/28/18)
(a) Except
as otherwise provided in this Chapter, a food or beverage provider
shall dispense prepared food or beverages to customers only in marine
degradable disposable food service ware.
(b) A
food or beverage provider shall provide marine degradable disposable
straws and utensils to customers only upon request. A food or beverage
provider may ask customers whether disposable straws or disposable
utensils are needed.
(c) All
City facilities, whether owned or leased by the City, City-managed
concessions, City-sponsored events, and City-permitted events shall
use only marine degradable disposable food service ware to dispense
prepared food or beverages.
(d) Food
and beverage providers, as well as City facilities, City-managed concessions,
City-sponsored events, and City-permitted events, may retain and dispense
plastic straws as an accommodation to people with disabilities who
request them to enjoy equal access to food and beverage services within
the City.
(Added by Ord. No. 2216CCS §
1, adopted 1/9/07; amended by Ord. No. 2586CCS § 1, adopted 8/28/18)
(a) The
Director may exempt a food or beverage provider from the requirements
of this Chapter, in whole or in part, upon showing by the food or
beverage provider that complying with the requirements of this Chapter
would cause significant economic hardship to the food or beverage
provider and no reasonable alternative exists that is consistent with
the requirements of this Chapter and would mitigate such significant
economic hardship.
(b) Exemptions
shall be granted only by the Director for one-year and only upon written
application by the food and beverage provider setting forth the factual
basis for the exemption. Further exemptions may only be granted by
the City Council.
(c) Exemption
decisions shall be effective immediately and shall not be subject
to administrative appeal.
(Added by Ord. No. 2216CCS §
1, adopted 1/9/07; amended by Ord. No. 2586CCS § 1, adopted 8/28/18)
The Director is authorized to promulgate regulations to implement
the provisions of this Chapter.
(Added by Ord. No. 2216CCS §
1, adopted 1/9/07; amended by Ord. No. 2586CCS § 1, adopted 8/28/18)
(a) Any
person violating any provision of this Chapter, including any administrative
regulation authorized herein, shall be guilty of an infraction, which
shall be punishable by a fine of not more than two hundred fifty dollars
per violation.
(b) Any person violating any provision of this Chapter, including any administrative regulation authorized herein, may be subject to administrative citations pursuant to Chapter
1.09 of this Code.
(c) The
City Attorney may seek legal, injunctive, or any other relief to enforce
this Chapter, including any administrative regulation authorized herein.
(Added by Ord. No. 2216CCS §
1, adopted 1/9/07; amended by Ord. No. 2586CCS § 1, adopted 8/28/18)