For the purposes of this Chapter, the following terms shall have the following meanings:
"City facilities"
mean any buildings, structures, or vehicles owned or operated by the City of Dana Point, its agents, agencies, departments, and franchisees.
"Customer"
means any person obtaining prepared food from a restaurant or retail food vendor.
"Disposable food service ware"
means all containers, trays, cartons, cups, and other items that are designed for one time use and on, or in, which any restaurant or retail food vendors directly places or packages prepared foods or which are used to consume foods. This includes, but is not limited to, service ware for takeout foods and/or leftovers from partially consumed meals prepared at restaurants or retail food vendors such as plates, cups, bowls, lids, trays, and hinged or lidded containers. This does not include single-use disposable straws or utensils.
"Expanded polystyrene (EPS)"
means polystyrene that has been expanded or "blown" using a gaseous blowing agent into a solid foam. EPS is sometimes called "Styrofoam," a Dow Chemical Co. trademarked form of polystyrene foam insulation.
"Food vendor"
means any establishment located or operating within the City of Dana Point which provides prepared and ready-to-consume food or beverages for public consumption, including, but not limited to, any store, supermarket, delicatessen, restaurant, retail food vendor, sales outlet, shop, cafeteria, catering truck or vehicle, sidewalk or other outdoor vendor, or caterer.
"Polystyrene"
means and includes expanded polystyrene, which is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusionblow molding (extruded foam polystyrene).
"Prepared food"
means food or beverages which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared on the food vendor's premises, including sidewalk vending receptacles as defined in Section 5.03.020(s) of this Code, with the intent of consumption on or off the premises as the balance of an unfinished meal or as "takeout food." For the purposes of this Chapter, "prepared food" does not include raw, butchered, ground, chopped, or sliced meats, fish, and/or poultry sold from a butcher case or similar retail appliance for subsequent preparation.
"Restaurant"
means any establishment located within the City of Dana Point that sells prepared food for consumption on, near, or off its premises by customers. "Restaurant," for the purposes of this Chapter, includes mobile food preparation units as defined in Section 6.30.010 of the Dana Point Municipal Code.
"Retail food vendor"
means any store, shop, sales outlet, or other establishment, including a grocery store or a delicatessen, other than a restaurant, located within the City of Dana Point that provides prepared food.
(Added by Ord. 12-03, 2/21/12; amended by Ord. 19-03, 6/4/19)
(a) 
Except as provided by Section 6.46.030 of this Chapter, food vendors are prohibited from providing prepared food in disposable food service ware made of EPS.
(b) 
Except as provided by Section 6.46.030 of this Chapter, 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 of EPS within the City of Dana Point.
(Added by Ord. 12-03, 2/21/12)
(a) 
EPS coolers and ice chests that are intended for reuse are exempt from the provisions of this Chapter.
(b) 
Upon receipt of a written application, the City Manager, or designee, may exempt a retail food vendor or restaurant from the requirements of this Chapter for a period of up to one additional year after the operative date of the ordinance codified in this Chapter, upon sufficient showing by the applicant that the provisions of this Chapter would cause undue hardship.
(1) 
The phrase undue hardship includes:
(A) 
Situations where there are no reasonably feasible available alternatives to EPS food service ware for reasons which are unique to the retail food vendor or restaurant; or
(B) 
Situations where compliance with the requirements of this Chapter would deprive a person of a legally protected right.
(2) 
The written application shall include all information necessary for the making of a decision on the application, including, but 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.
(3) 
An exemption application may be approved in whole or in part, with or without conditions.
(4) 
A retail food vendor or restaurant granted an exemption must reapply in writing prior to the end of the one year exemption period and demonstrate continued undue hardship if it wishes to have the exemption extended.
(c) 
The City Manager and/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.
(Added by Ord. 12-03, 2/21/12; amended by Ord. 19-03, 6/4/19)
(a) 
Whenever the City Manager or designee finds that any provision of this Chapter has been violated, the City Manager shall give notice of such violation by means of a written warning. In any such warning, the City Manager shall:
(1) 
Set forth the specific violation or violations found; and
(2) 
Establish a specific and reasonable period of time for the correction of the violation or violations; and
(3) 
State that failure to comply with any notice issued in accordance with the provisions of this Subsection shall be punishable by a fine in an amount consistent with Subsection (b) of this Section.
(b) 
Following the issuance of a written warning, an offense under this Chapter shall be punishable by a fine of not more than $100 for the first conviction, and a fine of not more than $250 for the second and any subsequent conviction.
(c) 
Each and every day that a violation occurs shall constitute a separate violation of this Chapter.
(d) 
The City Attorney may seek legal, injunctive, or other equitable relief to enforce this Chapter.
(Added by Ord. 12-03, 2/21/12)