The title of this chapter shall be "Restrictions on the Provision
of Plastic Beverage Straws, Stirrers, and Cutlery."
(Ord. 5856, 2018)
The following words and phrases, whenever used in this chapter,
shall have the meanings defined in this section unless the context
clearly requires otherwise:
Any liquid, including any slurry, frozen, semi-frozen, or
other forms of liquids, intended for drinking.
Any business, organization, entity, group, or individual
located within the City that offers beverages to the public for consumption.
Any event organized or sponsored by the City or any department
of the City.
Any person located within the City that is a retailer of
prepared food or beverages for public consumption including, but not
limited to, any delicatessen, restaurant, shop, caterer, mobile food
vendor, or store or supermarket that provides retail to-go or eat-in
food or beverage service.
An individual, business, event promoter, trust, firm, joint
stock company, corporation, nonprofit, including a government corporation,
partnership, or association.
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.
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. "Plastic cutlery" 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.
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 a biologically based polymer stirrers, but does not include
stirrers that are made from non-plastic materials, such as paper,
sugar cane, bamboo, etc.
(Ord. 5856, 2018)
A.
It
is unlawful for any food provider or beverage provider to use plastic
beverage straws or stirrers, or to provide, distribute, or sell plastic
beverage straws or stirrers to any person.
B.
Nothing
in this section precludes a food provider or beverage provider from
using, providing, distributing, or selling non-plastic alternatives
to plastic beverage straws, such as those made from paper, sugar cane,
or bamboo, available to customers. Non-plastic alternative straws
shall be provided only upon request.
C.
It
is unlawful for any person, food provider or beverage provider to
distribute plastic beverage straws or stirrers at any City facility
or any City-sponsored event.
(Ord. 5856, 2018)
It is unlawful for any beverage provider or food provider to
provide plastic cutlery to any person being served a beverage or prepared
food for consumption on the premises of the beverage provider or food
provider or to be taken away from the premises of the beverage provider
or food provider unless either: (1) the beverage provider or food
provider first asks that person whether they want to receive the plastic
cutlery and the person responds that he or she does; or (2) the customer
affirmatively requests the plastic cutlery from the beverage provider
or food provider.
(Ord. 5856, 2018)
A.
Food
providers and beverage providers are exempt from the provisions of
this chapter under the following circumstances:
1.
During
a locally declared emergency, the City, emergency response agencies
operating within the City, users of City facilities, and food providers
and beverage providers shall be exempt from the provisions of this
chapter.
2.
The
provision of plastic beverage straws, stirrers or cutlery when the
plastic beverage straws, stirrers or cutlery are provided as a part
of product that was packaged outside the City and sold within the
City.
3.
The
food provider or beverage provider provides or distributes a plastic
beverage straw to a person in order to assure full compliance with
the Americans with Disabilities Act (42 USC Section 12102).
B.
The
Sustainability and Resilience Department has primary responsibility
for enforcement of this chapter.
C.
Pursuant
to California Public Resources Code Section 42272, the Sustainability
and Resilience Department is designated as the agency for enforcement
of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division
30 of the California Public Resources Code.
(Ord. 5856, 2018; Ord. 6095, 2022)
The penalties for violation of this chapter shall be as follows:
A.
For
the first violation, a written warning notice will be issued to the
beverage provider or food provider in order to confirm their understanding
of the ordinance and the potential penalties in the event of future
violations.
B.
The second and each successive violation shall be punishable by civil administrative fines pursuant to Chapter 1.25 of this code. This chapter shall not be criminally enforceable.
C.
Violations
of this chapter shall be deemed to create a public nuisance. The City
Attorney may seek legal, injunctive, or other equitable relief to
enforce this chapter. Each and every piece of plastic cutlery, plastic
beverage straws, or plastic stirrers provided in violation of this
chapter shall constitute a separate violation of this chapter and
a continuing nuisance.
(Ord. 5856, 2018)
