means any business, organization, entity, group, or individual
located in the city of Laguna Beach that offers liquid, slurry, frozen,
semi-frozen, or other forms of beverages to the public for consumption.
means any building, structure or vehicle owned, leased or
operated by the city, its agents, agencies, departments and franchisees.
means any person obtaining prepared food or beverages from
a restaurant or retail food vendor.
means all single-use disposable products for serving or transporting
prepared food or beverages, including without limitation takeout foods
and/or leftovers from partially consumed meals prepared by a restaurant
or food vendor. Disposable food service ware includes containers,
bowls, plates, trays, cartons, ice chests, lids, straws, forks, spoons,
knives, and other items and utensils.
means the sale, offer for sale, or other transfer of possession
of an item for compensation, either as a separate transaction or as
part of the sale, offer for sale, or other transfer of possession
of another item for compensation.
means any restaurant or retail food vendor located or operating
within the city, including any sidewalk vendor that sells food.
refers to any plastic that cannot be feasibly recycled by
a municipal recycling program in the state of California, including
polystyrene and expanded polystyrene. ganized.
means any natural person, firm, corporation, partnership,
or other organization or group however organized.
means a tube made predominantly of plastic derived from either
petroleum or a biologically based polymer, such as corn or other plant
sources, for transferring a beverage from its container to the mouth
of the drinker. "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, etc.
means any utensil, such as a fork, spoon, spork, or knife,
made predominantly of plastic derived from either petroleum or a biologically
based polymer, such as corn or other plant sources, intended for only
one-time use, and includes compostable and biodegradable petroleum
or biologically based polymer forms of cutlery, but does not include
forms of cutlery that are made from non-plastic materials, such as
paper, sugar cane, bamboo, etc.
means a device that is used to mix beverages, intended for
only one-time use, and made predominantly of plastic derived from
either petroleum or a biologically based polymer, such as corn or
other plant sources. "Plastic stirrer" includes compostable and biodegradable
petroleum or biologically based polymer stirrers, but does not include
stirrers that are made from non-plastic materials, such as paper,
sugar cane, bamboo, etc.
means and includes blown polystyrene and expanded and extruded
forms (sometimes called Styrofoam, a Dow Chemical Co. trademarked
form of polystyrene foam insulation), which are thermoplastic petrochemical
materials utilizing a styrene monomer and processed by any number
of techniques, including, without limitation, fusion of polymer spheres
(expandable bead polystyrene), injection molding, foam molding and
extrusion-blown molding (extruded foam polystyrene). Polystyrene foam
is generally used to make cups, bowls, plates, trays, clamshell containers,
meat trays, egg cartons, and ice chests.
means food or beverages served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the
food vendor's premises or within the city. Prepared food may be eaten
either on or near the premises, also known as "takeout food."
means any food packaging including glass, cans, cardboard,
paper, or other items which can be recycled, salvaged, composted,
processed, or marketed by means other than land filling or burning,
whether as fuel or otherwise so that they can be returned to use by
society.
means any establishment located within the city that sells prepared food for consumption on, near or off its premises by customers. Restaurants for purposes of this chapter includes itinerant restaurants, pushcarts and vehicular food vendors as those terms are defined in Chapter 7.04.
means any store, shop, sales outlet or other establishment,
including a grocery store or a delicatessen, other than a restaurant,
located within the city that sells prepared food.
(Ord. 1480 § 1, 2007; Ord. 1634 § 2, 2018; Ord. 1660 § 1; 2021)
(a)
Retail
food vendors are prohibited from dispensing prepared food or beverages
to customers in disposable food service ware made from expanded polystyrene
foam or nonrecyclable plastic.
(b)
Retail
food vendors are prohibited from retail sales of expanded polystyrene
foam or nonrecyclable plastic products used as disposable food service
ware.
(c)
All
city facilities, city-managed concessions, city-sponsored events,
city-permitted events and all franchisees, contractors and vendors
doing business with the city are prohibited from using disposable
food service ware made from expanded polystyrene or non-recyclable
plastic within the city.
(d)
The
prohibitions set forth in this section shall not apply to containers,
plates or trays for raw, butchered meats, fish and/or poultry sold
from a butcher case or similar retail appliance.
(Ord. 1480 § 1, 2007; Ord. 1660 § 1; 2021)
(a)
No
restaurant, including fast food restaurants, beverage provider, or
vendor shall use, provide, distribute, or sell plastic or polystyrene
beverage straws, plastic or polystyrene stirrers, plastic or polystyrene
cutlery, plastic or polystyrene disposable food service ware, or plastic
takeout bags, including sleeves.
(b)
Nothing
in this section precludes restaurants, including fast food restaurants,
beverage providers, or vendors from using or making non-plastic alternatives,
such as those made from paper, sugar cane, or bamboo, available to
customers. Non-plastic alternative straws, stirrers, or cutlery shall
only be provided upon request by the customer.
(c)
No
person shall distribute plastic beverage straws, plastic stirrers,
plastic cutlery, or plastic bags at any city facility or any city-sponsored
event.
(Ord. 1660 § 1; 2021)
It is prohibited for any person to bring, use, or distribute
plastic or polystyrene foam disposable food ware on city beaches,
parks, and trails.
(Ord. 1660 § 1; 2021)
(a)
The
city manager or designee may exempt a food vendor or retail food vendor
from the requirements of this chapter for a one-year period, upon
a showing by the applicant that the conditions of this chapter would
cause undue hardship. An "undue hardship" may consist of:
(1)
Situations unique to the food provider where there are no reasonable
alternatives to compliance with this chapter would cause a severe
economic hardship to that food provider; or
(2)
Situations where no reasonably feasible available alternative exists
to a specific and necessary expanded polystyrene or nonrecyclable
plastic.
(b)
A
food provider granted an exemption must reapply prior to the end of
the one-year exemption period and demonstrate continued undue hardship,
if it wishes to have the exemption extended. Extensions may only be
granted for intervals not to exceed one year.
(c)
An
exemption application shall include all information necessary for
the making of a decision on the application, including, not limited
to documentation showing the factual support for the claimed exemption.
The applicant may be required to provide additional information to
permit the determination of facts regarding the exemption application.
(d)
An
exemption application may be approved in whole or in part, with or
without conditions.
(e)
The
city manager or designee may also determine to exempt from the requirements
of this chapter the procurement of supplies or services in the event
of a proclaimed emergency or when otherwise deemed necessary by the
city manager for the immediate preservation of the public health,
safety or general welfare.
(Ord. 1480 § 1, 2007; Ord. 1660 § 1; 2021)
(a)
The
city manager or designee shall have primary responsibly for enforcement
of this chapter and shall have authority to issue citations for violation
of this chapter. The city manager or designee is authorized to establish
regulations or administrative procedures and to take any and all actions
reasonable and necessary to further the purposes of this chapter or
to obtain compliance with this chapter, including, without limitation,
inspection of any vendor's premises to verify compliance in accordance
with applicable law.
(b)
Anyone
violating or failing to comply with any of the requirements of this
chapter or of any regulation or administrative procedure authorized
by it shall be guilty of an infraction.
(c)
The
city attorney may seek legal, injunctive, or any other relief to enforce
this chapter and any regulation or administrative procedure authorized
hereby.
(d)
The
remedies and penalties provided in this chapter are cumulative and
not exclusive of one another.
(e)
Administrative
Remedies.
(1)
For the first violation, the city manager or designee, upon determination
that a violation of this chapter has occurred, shall issue a written
warning notice in the form of a courtesy citation to the food provider
that will specify the violations and the appropriate penalties in
the event of future violation.
(2)
A fine not exceeding one hundred dollars for the first violation
following the issuance of a warning notice.
(3)
A fine not exceeding two hundred dollars for the second violation
following the issuance of a warning notice.
(4)
A fine not exceeding five hundred dollars for the third and any subsequent
violation that occurs following the issuance of a warning notice.
(5)
Fines are cumulative and each day that a violation occurs shall constitute
a separate violation.
(Ord. 1480 § 1, 2007; Ord. 1660 § 1; 2021)
