[Added 3-21-2024 by Ord. No. 24-09]
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 City 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 Borough 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.
A. 
A food provider shall be prohibited from offering single-use food and beverage accessories, except upon 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 asking a delivery customer if they want single-use food and beverage accessories and shall be prohibited from providing any to a delivery customer except upon customer's request.
The restrictions set forth herein shall not apply to:
A. 
Prepackaged drinks sold or distributed by a food provider.
B. 
Use by any individual(s) with a disability or other impairment requiring the use of a plastic straw.
C. 
Non-plastic alternatives to plastic beverage straws or stirrers or single-use food and beverage accessories.
Nothing in this article precludes a food provider from using, providing, distributing or selling non-plastic alternatives to plastic beverage straws, stirrers or single-use food and beverage accessories, such as those made from paper, sugar cane, glass, grass, metal, bamboo, etc.
A. 
The Borough Administrator or designee will have the responsibility for enforcement of this article, shall have the authority to promulgate rules as necessary and appropriate for the implementation of this article consistent with the intent and purposes of this article, and to designate one or more Borough employees to enforce this article as needed.
B. 
A food provider who violates or fails to comply with any of the requirements of this article 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 $25 for the first violation;
(2) 
A fine of $50 for the second violation; or
(3) 
A fine of $100 for the third and any subsequent violations.