The city council finds and declares that:
A.
As set
forth in California Public Resources Code Section 42355, the State
Legislature recognized that littered plastic products have caused
and continue to cause significant environmental harm and have burdened
local governments with significant environmental cleanup costs.
B.
Disposable
foodware accessories include, but are not limited to, foodware accessories
like utensils, condiment packets/containers, disposable plastic drinking
straws and all other single-use straws, stirrers, splash sticks, cocktail
sticks, napkins, wet-wipes, cup lids, cup sleeves, and beverage trays
designed for single-use prepared foods and beverages. These foodware
accessories are in ubiquitous use in modern society. Research indicates
that in 2016, 561 billion disposable foodware accessories were used
in the United States; these items became a total of 4.9 million tons
of waste, which represented an estimated 1.9% of the overall municipal
solid waste stream.
C.
Despite
continued efforts to reduce the use of single use plastics, increase
recycling, reduce litter waste, and encourage re-use, the use of disposable
foodware accessories contributes to the 8 million tons of plastic
pollution that enter the ocean annually, while also contributing to
the litter in our communities. The International Waste Association
reports that the use and disposable foodware accessories has skyrocketed
by an estimated two hundred fifty to three hundred (250–300)
percent since the beginning of the COVID-19 pandemic in March 2020.
D.
Due
to the significant impact disposable foodware accessories have on
the environment, the city is enacting regulations to reduce their
use except under limited circumstances necessary for health and safety.
(Ord. 5973 § 2, 2021)
means the city of Glendale.
means relishes, spices, sauces, confections, or a seasoning
that requires no additional preparation and that is used on a prepared
food or beverage, including, but not limited to, ketchup, mustard,
mayonnaise, barbecue sauce, dressings, sauerkraut, salsa, soy sauce,
wasabi, ginger, hot sauce, grated cheese, syrup, jam, jelly, butter,
salt, sugar, sugar substitutes, cream, creamer, pepper, or chili pepper.
“Condiment” does not include an ingredient or component
that is an integral part of the menu item, but that a food or beverage
facility packages separately when preparing the item for a take-out
customer or delivery customer.
mean any packaged condiment, including, but not limited to,
condiments in packets, cups, or other containers for condiments that
are sealed or re-sealable and intended for single-use.
means a person, the person’s agent, or the person’s
caregiver.
means a customer who purchases a prepared food or beverage
from a food or beverage facility or third-party food delivery service
and has the prepared food or beverage delivered to them by a food
or beverage facility or third-party food delivery service.
means a customer who purchases prepared food or beverages
at a food or beverage facility and consumes it on the premises of
the food or beverage facility.
means designed to be used once and then discarded, and not
designed for sanitizing and repeated use.
means any type of disposable item that accompanies a prepared
food or beverage served in disposable plates, containers, or cups.
A disposable item includes, but is not limited to, utensils, condiment
packets, disposable plastic drinking straws and all other disposable
straws, stirrers, splash sticks, cocktail sticks, toothpicks, napkins,
wet-wipes, cup lids, cup sleeves, and beverage trays.
means a thin, hollow tube for sucking a liquid or semi-liquid
substance that constitutes prepared food or beverages, which is designed
for a single-use and made from fossil fuel based polymers, including,
but not limited to, high-density polyethylene, low-density polyethylene,
polyethylene terephthalate, polystyrene, polypropylene, polyvinyl
chloride, polycarbonate that can be molded or blown into shape while
soft and then set into a rigid or slightly elastic form, and any straw
made from or labeled “bioplastic/compostable/poly-lactic acid
(PLA).”
means a customer who purchases prepared food or beverages
at a food or beverage facility and is provided the prepared food and/or
beverages without leaving their vehicle.
means a facility located in the city that sells or otherwise
provides prepared food or beverages for consumption on or off its
premises, and includes, but is not limited to, a shop, sales outlet,
restaurant, bar, pub, coffee shop, coffee stand, juice and/or smoothie
bar, cafeteria, caterer, convenience store, liquor store, grocery
store, supermarket, delicatessen, farmers market, theater, mobile
food truck, roadside stand, kiosks, carts, or a vendor or any organization,
group, or individual that regularly provides prepared food or beverages
as part of its service.
means a food or beverage facility with more than 26 employees.
If the food or beverage facility is part of a statewide or national
food or beverage vendor, the employee count shall include all employees
of that chain.
means an order placed by a take-out customer or delivery
customer through an online ordering platform through which the customer
can place an order for pick-up or delivery of a prepared food or beverage.
means the digital technology provided on a website or mobile
application through which a customer makes an online order from a
food or beverage facility. A platform includes one operated directly
by the food or beverage facility or third-party food delivery service,
including a telephone order, for pick-up or delivery within the city.
means any person in control of, or having the responsibility
for, the operation of a food or beverage facility and/or third-party
food delivery service, including any owner of the food or beverage
facility and/or third-party food delivery service.
means a natural person, joint venture, joint stock company,
partnership, association, club, company, corporation, business trust,
or organization, or the manager, lessee, agent, servant, office, or
employee of any of them.
means foods or beverages which are prepared by cooking, chopping,
slicing, mixing, freezing, squeezing, brewing, boiling, steeping,
pouring, or other processing and that require no further preparation
by the customer before consumption.
does not include raw uncooked whole fruits or vegetables
which are not chopped, squeezed, or mixed, or raw uncooked meat products.
means any reasonable affirmation of the customer’s
intent to procure disposable foodware accessories and is not limited
to a verbal request.
means any food or beverage facility located in the city that
is part of a chain of franchised or corporate-owned food or beverage
facilities located in the city and in more than one other jurisdiction
outside of the city.
means a customer who purchases prepared food or beverages
from a food or beverage facility or third-party food delivery service
and consumes it off the premises of the food or beverage facility.
means any website, mobile application, or other internet
service that offers or arranges for the sale of prepared food or beverages
prepared by, and the delivery or pick-up of prepared food or beverages
from no fewer than 20 food or beverage facilities that are each owned
and operated by different persons.
means a fork, spoon, spork, knife, chopstick, or other implement
used to serve a person, or to eat food.
(Ord. 5973 § 2, 2021)
A.
Commencing
120 days after the effective date of these regulations:
1.
No
food and beverage facility shall provide self-serve disposable foodware
accessories dispensers, or provide, or offer disposable foodware accessories
to a dine in or a take-out customer, except upon customer request.
2.
No
food and beverage facility shall provide disposable foodware accessories
to a drive through, take-out, or delivery customer, except upon customer
request, but may ask a drive-through customer or delivery customer
if the customer wants any disposal foodware accessories
3.
Food
and beverage facilities may choose whether to provide specific disposable
foodware accessories to a drive-through, take-out, or delivery customer
for health and safety purposes such as to prevent spills, for safe
transport or delivery of a prepared food or beverage. The specific
disposable foodware accessories a food and beverage facility uses
for health and safety purposes may include cup lids, cup sleeves,
and beverage trays, and these items may be provided even without a
customer request. Drive-through, take-out, or delivery customers are
not required to request a cup sleeve if the customer orders no more
than one hot beverage, or a beverage tray if the customer orders more
than one beverage.
4.
Opt-in
for Disposable Foodware Accessories for Online Food Ordering Platforms.
a.
Prepared food facilities that use online food ordering platforms
are required to provide options on the online ordering platform that
enable customers to choose which disposable foodware accessories to
include with each online order.
b.
Prepared food facilities that use online food ordering platforms
must provide an option or method for posting a customized lists of
disposable foodware accessories single use deliver offered on their
platform.
c.
Include on online food ordering platforms an “opt-in”
function for a customer placing an online order to request available
disposable foodware accessories as part of the customers online order,
and not provide disposable foodware accessories where “opt-in”
function is not selected; and
d.
For delivery orders, prepared food facilities may choose to include
specific disposable foodware accessories, such as cup lids, spill
plugs, and trays, in order to prevent spills and deliver food and
beverages safely.
5.
Opt-in
for Disposable Foodware Accessories for Take-Out Directly From a Food
Service Establishment.
a.
Prepared food facilities shall provide disposable foodware accessories
only upon customer request, except that items, such as plastic straws,
shall be provided to meet the needs of persons with disabilities and
must be kept behind the counter.
b.
Prepared food facilities offering standard condiments and spices
are encouraged to use dispensers or bulk containers rather than pre-packaged
individual serving packets.
6.
Nothing
in this chapter shall prohibit a food or beverage facility or third-party
food delivery service from providing a disposable plastic drinking
straw or other disposable straw that is included as part of a product
that is pre-packaged by a manufacturer.
B.
Commencing
120 days after the effective date of these regulations, large food
or beverage facility shall:
1.
Display
readily visible, legible, multi-language written notices that inform
customers about the city’s disposable foodware accessories regulations
and the environmental impact of disposable foodware accessories. The
notices must be written with a minimum of 16 point font size;
2.
Not
provide self-serve/self-service disposable foodware accessories dispensers,
or provide or offer disposable foodware accessories to a dine-in customer
or take-out customer, except upon customer request;
3.
Not
provide any disposable foodware accessories to a drive-through customer,
take-out customer, or delivery customer without a customer request,
but may ask a drive-through customer or delivery customer if the customer
wants any disposal foodware accessories; and
4.
Choose
whether to provide specific disposable foodware accessories to a drive-through,
take-out, or delivery customer for health and safety purposes such
as to prevent spills or for safe transport or delivery of a prepared
food or beverage, such items may include cup lids, cup sleeves, and
beverage trays, even without a customer request. A customer request
shall not be necessary for a drive-through customer, take-out customer,
or delivery customer to receive a cup sleeve if the customer orders
no more than one hot beverage, or a beverage tray if the customer
orders more than one beverage.
C.
Commencing
120 days after the effective date of these regulations, a large food
or beverage facility with an online ordering platform or using a third-party
food delivery service with an online ordering platform, and a third-party
food delivery service with an online ordering platform shall:
1.
Identify
the available disposable foodware accessories from the food or beverage
facility that customers may request in an online order;
2.
Include
on any online ordering platform an “opt-in” option for
a customer placing an online order to request disposable foodware
accessories from a list of available disposable foodware accessories
as part of the customer’s online order;
3.
Not
provide disposable foodware accessories to any customer who does not
“opt-in” to request disposable foodware accessories as
part of any online order; and
4.
Choose
whether to provide specific disposable foodware accessories for health
and safety purposes to a customer who places an online order in order
to, for example and not by way of strict limitation, to prevent spills
or for safe delivery of a prepared food or beverage. Disposable foodware
accessories necessary to safely serve prepared food or beverages may
include cup lids, cup sleeves, and beverage trays, and these may be
provided without customer request. A drive-through customer, take-out
customer, or delivery customer may receive a cup sleeve if the customer
orders no more than one hot beverage, or a beverage tray if the customer
orders more than one beverage.
D.
Commencing
150 days after the effective date of these regulations all food or
beverage facilities shall comply with the requirements of this chapter.
(Ord. 5973 § 2, 2021)
The following food or beverage facilities shall be exempt from
the regulation of disposable foodware accessories: health care facilities,
as defined in Section 1250 of the California Health and Safety Code,
and residential care facilities for the elderly, as defined in Section
1569.2 of the California Health and Safety Code.
(Ord. 5973 § 2, 2021)
A public outreach campaign and education program will be implemented
during the 90 day period following the effective date of this chapter
regulating use of disposable foodware accessories (the “education
program”). The city manager may extend the education program
for an additional 90 day period up to 180 days. During the education
program period the city may promulgate rules and establish guidelines
for implementing and enforcing this chapter. Any such rules or guidelines
shall become effective following the completion of the education program.
The city’s sustainability officer, or his or her designee, shall
post any such rules or guidelines in an easily accessible physical
location at city hall, shall also post them on the city’s website
and provide copies to any person upon request.
(Ord. 5973 § 2, 2021)
A.
Administrative fines, penalties and costs may be imposed as follows, subject to Chapter 1.24 of the Glendale Municipal Code (Administrative Enforcement Remedies), which includes, among other applicable provisions and procedures, GMC Section 1.24.050 (Service of notice), GMC Section 1.24.060 (Authority to inspect), GMC Section 1.24.190 (Administrative citations), GMC Section 1.24.220 (Administrative citation fines; assessment and amounts), GMC Section 1.24.330 (Administrative costs, and GMC Section 1.24.350 (Administrative civil penalties enforcement order).
B.
Enforcement
shall be suspended during the education program period up to 180 days
from the effective date of the ordinance codified in this chapter.
C.
Written notice of a violation of this chapter shall be served on the operator of the food or beverage facility or third-party food delivery service by either first class mail, or by personal service as specified in GMC Section 1.24.050 (Service of notice).
D.
A food
or beverage facility and third-party food delivery service shall be
subject to the following:
1.
A
written notice for a first and second violation.
2.
An
administrative fine of $25 for the third violation and for each subsequent
violation. The administrative fine of $25 shall be imposed for each
day the food or beverage facility or third-party food delivery service
is in violation, but shall not exceed $300 per calendar year.
3.
An administrative fine shall be due and payable to the city within 30 calendar days from the date the written notice of violation is served. Failure to timely pay a fine will result in the assessment of penalties and related costs, assessed daily at a rate of 7% per annum of the outstanding amount of the fine and late fees, if any, which interest shall be calculated from the 30 days after the first billing, or from the date the order becomes final, whichever is later. The city may collect any unpaid fine, including the late fees pursuant to GMC Section 1.24.100 (Collection of unpaid fines, penalties and related costs), which unpaid fines or penalties and their related costs arising from administrative citations, administrative civil penalties actions or other administrative enforcement actions as provided by this code shall be a debt to the city and subject to all remedies for debt collection allowed by law.
(Ord. 5973 § 2, 2021)
