For purposes of this chapter, the following terms shall have
the following meanings:
"ASTM Standard Specifications"
means Standard Specifications for Compostable Plastics D6400
or Standard Specifications for Biodegradable Plastics D6868, as adopted
or subsequently amended by the American Society for Testing and Materials
(ASTM).
"Beverage provider"
means any business, organization, entity, group, or individual
located in the city of Malibu that offers liquid, slurry, frozen,
semi-frozen, or other forms of beverages to the public for consumption.
"City facility"
means any building, structure, park or vehicle owned and
operated by the city of Malibu.
"City-sponsored event"
means any event organized or sponsored by the city of Malibu
or any department of the city of Malibu.
"Compostable"
means material that can be broken down into, or otherwise
become part of usable compost in a safe and timely manner. "Compostable"
also includes a plastic-like material if the material meets the ASTM
Standard Specifications for compostability and the product is labeled
in accordance with California
Public Resources Code Section 42357
et seq., and Department of the Environment regulations for easy identification
of compostable products meeting ASTM Standard Specification for compostable
plastics.
"Customer"
means any person obtaining food or beverages from a restaurant
or retail food vendor.
"Distribute"
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.
"Egg carton"
means a carton for raw eggs sold to consumers from a refrigerator
case or similar appliance.
"Food packager"
means any person, located within the city of Malibu, who
places meat, eggs, baked products, or other food in packaging materials
for the purpose of retail sale of those products.
"Food packaging"
means all bags, sacks, wrapping, containers, bowls, plates,
trays, cartons, cups, straws and lids which are made from polystyrene
foam, on or in which any foods or beverages are placed or packaged
on a restaurant's or retail food vendor's premises.
"Food service ware"
means all containers, bowls, plates, trays, cups, lids, napkins,
and other like items that are designed for one-time use for prepared
foods, including, without limitation, service ware for takeout foods
and/or leftovers from partially consumed meals prepared by food vendors.
The term "food service ware" does not include items composed of aluminum.
"Food vendor"
means any restaurant or retail food vendor located or operating
within the city.
"Meat and fish tray"
means any tray for raw meat, fish, or poultry sold to consumers
from a refrigerator case or similar retail appliance.
"Packing material"
means material used to hold, cushion, or protect items packed
in a container for shipping, transport, or storage.
"Person"
means any natural person, firm, corporation, partnership,
or other organization or group however organized.
"Plastic beverage straw"
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.
"Plastic cutlery"
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. "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.
"Plastic stirrer"
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.
"Polystyrene foam"
means blown polystyrene and expanded and extruded foams which
are thermoplastic petrochemical materials utilizing a styrene monomer
and processed by any number of techniques including, but not limited
to, fusion polymer spheres (expanded 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, and egg cartons.
"Prepared food"
means food or beverages which are served on the food vendor's
premises and are prepared on the food vendor's premises or within
the city of Malibu by packaging, cooking, chopping, slicing, mixing,
brewing, freezing or squeezing. Prepared food does not include any
uncooked meat or eggs. Prepared food may be eaten either on or off
the premises.
"Recyclable"
means material that can be sorted, cleansed, and reconstituted
using the city's available recycling collection programs for the purpose
of using the altered form in the manufacture of a new product. Recycling
does not include burning, incinerating, converting, or otherwise thermally
destroying solid waste.
"Restaurant"
means any establishment located within the city that sells
prepared food for consumption on, near, or off its premises. The term
includes a restaurant operating from a temporary facility, cart, vehicle,
or mobile unit.
"Retail food vendor" or "vendor"
means any store, shop, sales outlet or other establishment,
including a grocery store or a delicatessen, located within the city
of Malibu, which provides prepared food.
(Ord. 412 § 1, 2016; Ord. 432 § 3, 2018)
A.
1. The
applicant demonstrates a feasibility based hardship. The person seeking
the waiver must demonstrate to the city manager's satisfaction that
no reasonably feasible alternative exists to a specific noncompliant
product.
2. The
applicant demonstrates compliance is unreasonably financially prohibitive.
The person seeking the exemption must demonstrate to the city manager's
satisfaction that with respect to each specific non-compliant product,
there is no suitable and reasonably affordable alternative product
available.
3. Strict
application of the specific requirement would create an undue hardship,
or practical difficulty, not generally applicable to other persons
in similar circumstances, and good cause is shown.
B. A person seeking a waiver under subsection
A must submit a written application on a form approved by the city manager. The city manager may require the applicant to submit additional information or documentation to make a determination regarding the waiver requested. The city manager shall review requests for waivers on a case-by-case basis, and may grant the waiver in whole or in part, with or without conditions, for a period of up to 12 months. An applicant for renewal of a waiver must apply for a new waiver period no later than 60 days prior to the expiration of the then-current period to preserve a continuous waiver status. The city manager shall review each application anew and base his or her determination on the most current information available. In no case shall a waiver be retroactive or continue past January 1, 2020.
C. Any
determination made by the city manager pursuant to this section shall
be appealable to the city council. Any appeal must be in writing,
filed with the city within five calendar days of the at-issue city
manager decision, and shall specifically set forth the grounds for
the appeal.
(Ord. 412 § 1, 2016; Ord. 432 § 5, 2018)