[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 6-5-2024 by Ord. No. B-672. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 79, Boardinghouses, adopted 1-7-1959, as amended, was repealed 2-15-2023 by Ord. No. B-537.
As used in this chapter, the following terms shall have the meanings indicated:
BEVERAGE SPLASH STICK
A device primarily intended to be used to keep heat and liquid from escaping a lidded cup.
BEVERAGE STIRRER
A device primarily intended for stirring beverages.
CONDIMENT PACK
An individual single-use container, sealed by the manufacturer or restaurant, containing a condiment.
PLASTIC
Any synthetic or semi-synthetic material made from polymers or from renewable or biological sources, including but not limited to vegetable fats and oils, polysaccharides, sugar, or proteins.
RESTAURANT or FOOD SERVICE PROVIDER
Any eating or beverage establishment within the City of Hoboken which offers for sale food or beverages to the public, guests, members, or patrons, whether consumption occurs on or off the premises or is provided from a food van, pushcart, stand or vehicle.
SINGLE-USE FOOD SERVICE ITEMS
Is interchangeable with "to go" packaging and "food packaging material" and includes, but is not limited to: utensils, napkins, condiment packs, straws, beverage splash sticks, beverage stirrers and other items designed for one-time use (includes single-use plastic and nonplastic items).
A. 
Restaurants shall only provide single-use food service items to customers when explicitly requested by the customer.
B. 
Restaurants shall provide options to allow a customer to request single-use food service items upon submission of an order. Such options shall be available for all methods of ordering, including but not limited to phone, internet, or mobile phone application orders. The default selected options shall be that no single-use food service items are requested.
C. 
No inquiry into the reason for the request shall be made by a restaurant, third-party food delivery service, or any of its employees in carrying out the request authorized by Subsection A of this section.
D. 
These restrictions shall not apply to self-service stations within any food provider's premises or within any food or grocery establishment.
A. 
Any restaurant violating any provision of this chapter or any rule or regulation adopted pursuant to this title is subject to penalties pursuant to N.J.S.A. 40:49-5, including but not limited to a fine not to exceed $2,000, pursuant to the schedule set forth in Subsection C below.
B. 
The Director of the Department of Climate and Innovation, or his/her designee, has the responsibility for enforcement of this chapter and may promulgate reasonable rules and regulations in order to enforce the provisions thereof, including, but not limited to, investigating violations and issuing fines.
C. 
A restaurant that violates or fails to comply with any of the requirements of this section shall be issued an initial written warning and shall have 30 days to correct the violation. After an initial written warning notice has been issued, the food provider shall be subject to the following penalties:
(1) 
A fine of $100 for the first violation;
(2) 
A fine of $200 for the second violation; or
(3) 
A fine of $500 for the third and any subsequent violations.
(4) 
A fine shall be imposed for each day a violation occurs or is allowed to continue.
A. 
This chapter shall come into effect on September 1, 2024.
B. 
No summonses shall be issued by the City of Hoboken, nor shall any penalties be enforced by the Municipal Court, for violations of this chapter, except for any such violation(s) occurring on or after November 1, 2024.