As used in this chapter, the following terms and phrases shall
have the following meanings:
shall mean anyone purchasing food or beverages from a restaurant
or retail food vendor.
shall mean any person, located within the City of West Hollywood,
who places meat, eggs, baked products, or other food in packaging
materials for the purpose of retail sale of those products.
shall mean all bags, sacks, wrapping, containers, bowls,
plates, trays, cartons, cups, straws and 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.
shall mean a recognized tax exempt organization which provides
food as a part of its services.
shall mean any natural person, firm, corporation, partnership,
or other organization or group however organized.
shall mean and include polystyrene foam 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 extrusion-blow molding (extruded foam polystyrene).
The term "polystyrene" also includes clear polystyrene known as "oriented
polystyrene."
shall mean any food packaging which contains polystyrene
foam or oriented polystyrene.
shall mean food or beverages which are served on the vendor's
premises without preparation or are prepared on the vendor's premises
by cooking, chopping, slicing, mixing, brewing, freezing, or squeezing.
Prepared food may be eaten either on or off the vendor's premises.
shall mean any establishment located within the City of West
Hollywood selling prepared food to be eaten on or about its premises
by customers. "Restaurant" includes a sidewalk food vendor.
shall mean all sales outlets, stores, shops, vehicles, or
other places of business located within the City of West Hollywood
which operate primarily to sell or convey foods or beverages directly
to the ultimate consumer, which foods or beverages are predominantly
contained, wrapped, or held in or on packaging. Retail food vendor
shall include, but is not limited to: any place where food is prepared,
mixed, cooked, baked, smoked, preserved, bottled, packaged, handled,
stored, manufactured, and sold or offered for sale, including, but
not limited to, any fixed or mobile restaurant; drive-in; coffee shop;
cafeteria; short-order café; delicatessen; luncheonette; grill;
sandwich shop; soda fountain; bed-and-breakfast inn; tavern; bar;
cocktail lounge; night club; roadside stand; take-out prepared food
place; industrial feeding establishment; catering kitchens; mobile
food preparation unit; commissary; grocery store; public food market;
produce stand; food stand; lunch wagon; hotels; or similar place in
which food or drink is prepared for sale or for service on the premises
or elsewhere; and any other establishment or operation where food
is processed, prepared, stored, served, or provided for the public
for charge.
shall mean any store, shop, sales outlet, or other establishment
which sells food packaging.
(Prior code § 5800; Ord. 90-261 § 2, 1990)
No restaurant, retail vendor, food packager, retail food vendor,
or non-profit food provider shall provide prepared food to its customers
in any food packaging which utilizes polystyrene; or purchase, obtain,
keep, distribute, sell for home or personal use, or give, serve, or
otherwise provide to customers any food packaging which utilizes polystyrene.
(Prior code § 5801; Ord. 90-261 § 2, 1990)
a.
Food
items which are packaged outside the boundaries of the City of West
Hollywood are exempt from the provisions of this chapter.
b.
The
City Council, or its appointee, may exempt a retail food vendor, food
packager or non-profit food provider 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. The phrase
"undue hardship" shall be construed to include, but not be limited
to:
1.
Situations
where there are no acceptable alternatives to polystyrene food packaging
for reasons which are unique to the retail food vendor, food packager,
or non-profit food provider;
2.
Situations
where compliance with the requirements of this chapter would deprive
a person of a legally protected right.
c.
Coolers
and ice-chests made of polystyrene which are intended for reuse are
exempt from the provisions of this chapter.
d.
Food
packaging required to be purchased under a contract entered into one
year prior to the effective date of this chapter is exempt from the
provisions of this chapter. This exemption will apply up to one year
from the effective date of this chapter.
(Prior code § 5802; Ord. 90-261 § 2, 1990)
a.
The
City Manager or designee shall have primary responsibility for enforcement
of this chapter. The City Manager or designee is authorized to promulgate
regulations and to take any and all other actions reasonable and necessary
to enforce this chapter, including, but not limited to, inspecting
any vendor's premises to verify compliance.
b.
Anyone
violating or failing to comply with any of the requirements of this
chapter shall be guilty of an infraction.
c.
The
City Attorney may seek legal, injunctive, or other equitable relief
to enforce this chapter.
d.
The
remedies and penalties provided in this section are cumulative and
not exclusive of one another.
(Prior code § 5803; Ord. 90-261 § 2, 1990)
Violations of this chapter shall be punishable as follows:
1.
For
the first violation, the City Manager or designee, upon a determination
that a violation of this chapter has occurred, shall issue a written
warning notice to the vendor or food packager which will specify the
violation and the appropriate penalties in the event of future violations.
2.
Thereafter,
the following schedule shall apply:
A.
A
fine not exceeding $100 for the first violation after the warning
notice is given in a one-year period;
B.
A
fine not exceeding $200 for a second violation after the warning notice
is given in a one-year period.
C.
A
fine not exceeding $500 for the third violation after the warning
notice is given in a one-year period. Any violation of this chapter
shall constitute sufficient grounds for the revocation, suspension,
denial or non-renewal of a business license issued by the city, held
by the violator for the location at which the violation occurs.
(Prior code § 5804; Ord. 90-261 § 2, 1990)
