[Added 6-25-2024 by G.O. No. 2024-16]
As used in this article, the following terms shall have the meanings indicated:
BEVERAGE
Any liquid, including any juice, smoothie, slurry, frozen, semi-frozen, or other forms of liquids, intended for drinking.
BEVERAGE PROVIDER
Any business, organization, entity, group, or individual located within the Town that offers beverages to the public for consumption.
CONDIMENT PACKET
A small bag or pouch that contains single-use quantities of foods such as ketchup, mustard, sugar or soy sauce and is commonly opened by making a small rip or tear in the packet and squeezing or pouring out the contents.
DISPOSABLE PLASTIC (BEVERAGE) STRAW
A tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, for the purpose of imbibing liquids or transferring a beverage from its container to the mouth of the drinker by suction. "Disposable 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, grass, metal, etc.
DISPOSABLE PLASTIC STIRRER
A device that is used to mix beverages, intended for only one-time use, and predominantly made of plastic derived from petroleum or biologically based polymer such as corn or other plant sources, but does not include stirrers made of non-plastic materials such as wood, bamboo, paper, etc.
FOOD PROVIDER
Any person located within the Town who is a retailer of prepared food or beverages for public consumption, including, but not limited to, any store, supermarket, delicatessen, restaurant, shop, caterer, bar, pub, coffee shop, coffee stand, juice bar, convenience store, liquor store, mobile food vendor or cart, or any organization, group, or individual that regularly provides prepared food or beverages as part of its services.
PERSON
Any individual, business, firm, event promoter, trust, joint stock company, corporation (both for-profit and nonprofit) including a governmental entity, partnership, or association or other organization or group, however organized.
SINGLE-USE FOOD AND BEVERAGE ACCESSORIES
Any item used with food and beverages, such as cups, lids, beverage sleeves, containers, closures, trays, plates, forks, knives, spoons, chopsticks, stirrers, other utensils, wrapping materials, condiment packages, and portion cups and all similar articles that are intended by the retail establishment to be used once for eating or drinking or that are generally recognized by the public as items to be discarded after one use. Straws are intentionally omitted from inclusion within this definition.
[Added6-25-2024 by G.O. No. 2024-16]
(a) 
A food provider shall be prohibited from offering single-use food and beverage accessories, except upon a customer's request. A request is not limited to a verbal request; it may be any reasonable affirmation of the customer's intent to procure single-use food and beverage accessories.
(b) 
A food provider shall be permitted to establish a utensil and condiment self-service area for customers to self-select utensils and condiment packets, except that no self-service area may contain disposable plastic straws or disposable plastic stirrers.
(c) 
A food provider shall be prohibited from providing any single-use food and beverage accessories to a delivery customer, except upon a customer's request.
[Added 6-25-2024 by G.O. No. 2024-16]
These restrictions do not apply to:
(a) 
Prepackaged drinks and foods sold or distributed by a food provider.
(b) 
Non-plastic alternatives to plastic beverage straws, stirrers, or accessories.
(c) 
Section 24-55(e) of Article VII, "Sidewalk Cafes; Parklets," of Chapter 24, "Streets and Sidewalks," as related to "service items."
[Added 6-25-2024 by G.O. No. 2024-16]
Food providers can apply for a hardship exemption to delay enforcement of this article against them by showing proof of purchase of non-reusable food and beverage accessories before the article's passage and demonstrating the time needed to deplete this supply. Said hardship exemption application must be submitted, if at all, within 60 days of this article's effective date. Appeals shall be addressed to the Clerk, Town of Westfield.
[Added 6-25-2024 by G.O. No. 2024-16]
Food providers may use, provide, distribute, or sell non-plastic alternatives to plastic beverage straws, stirrers, or accessories, such as those made from paper, sugar cane, glass, grass, metal, bamboo, etc.
[Added 6-25-2024 by G.O. No. 2024-16]
(a) 
The Property Maintenance Code Enforcement Officer shall have primary responsibility for the enforcement of this article. The Code Enforcement Officer is authorized to take any and all other actions reasonable and necessary to enforce this article, including, but not limited to, investigating violations, issuing fines and entering the premises of any business establishment during business hours.
(b) 
If the Property Maintenance Code Enforcement Officer determines that a violation of this article has occurred, he/she may, but shall not be required to, issue a written warning notice to the owner or operator of the business establishment that a violation has occurred and the potential penalties that will apply for future violations.
(c) 
Any business establishment that violates or fails to comply with any provisions of this article shall be subject to a civil penalty that shall not exceed $250 for a first violation; $500 for a second violation; and $1,500 for each additional violation. Each day a violation continues will constitute a separate offense.
(d) 
Violations of this article are hereby declared to be a public nuisance, which may be abated by the Town by restraining order, preliminary and permanent injunction, or other means provided for by law, and the Town may take action to recover the costs of the nuisance abatement.