Unless otherwise expressly stated, whenever used in this Chapter, the following terms shall have the meanings set forth below:
(A) “Affordable alternative”
means a compostable or recyclable product that costs up to twenty percent (20%) more than the purchase cost of the noncompostable or nonrecyclable alternative(s).
(B) “Biodegradable Products Institute” or “BPI”
is a North America’s leading certifier of compostable products and packaging. Products bearing this certification have been scientifically verified by third-party testing to biodegrade when diverted for the recovery of compostable materials.
(C) “Compostable”
means all the materials in the product or package will break down or otherwise become part of usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner. Compostable disposable food service ware must meet BPI-certified compostable standards for compostability and any compostable product containing a bioplastic or plastic-like material must be clearly labeled as compostable in accordance with California Public Resources Code Section 42357 et seq. and all State and Federal labeling laws pertaining to the identification of compostable products.
(D) “Dine-in services”
means prepared food provided to a customer for consumption on the provider’s premises.
(E) “Dine-out services”
means prepared food provided to a customer for consumption not on the provider’s premises.
(F) “Disposable”
means designed or intended for a single use or few uses, or not intended for reuse, recycling or composting.
(G) “Food provider”
means any vendor located or providing food within the City which provides prepared food on or off its premises and includes without limitation any store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, food/catering truck or vehicle, including vendors located outside of the City when delivering prepared food into the City.
(H) “Food service ware”
means products used in the restaurant and food service industry for consuming, packaging, serving, and transporting ready-to-consume food and beverages, including, but not limited to, utensils, straws, beverage stirrers, plates, bowls, cups, cup lids, trays, boxes, clamshells, packaging, and containers.
(I) “Plastic”
means a material derived from a petroleum-based polymer. It does not include BPIcertified products that are made from vegetable-based polymers and are compostable, such as corn or other plant sources.
(J) “Polystyrene foam” (a.k.a. “Styrofoam”)
means and includes expanded polystyrene that is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). To include but not limited to polystyrene foam plate, bleached paperboard plate with low-density polyethylene coating and bleached paperboard plate with polystyrene coating.
(K) “Prepared food”
means food or beverage prepared for consumption using any cooking or food preparation technique. This does not include any raw uncooked meat, poultry, fish or eggs unless provided for consumption without further food preparation.
(L) “Retail establishment” or “retail store”
means all sales outlets, stores, shops, vehicles, non-profits, resale businesses or other places of business located within the City that operate primarily to sell or convey goods directly to the ultimate consumer.
(M) “Recyclable”
means any material that is accepted by a local waste collector under franchise with the City to provide a recycling program, including, but not limited to, paper, glass, aluminum, cardboard, plastics labeled as No. 1 through No. 5 (including but not limited to plastic bottles, jars and tubs).
(N) A “recycled paper bag”
is defined as a bag that contains no old growth fiber and a minimum of forty percent (40%) post-consumer recycled content, is one hundred percent (100%) recyclable, and has printed in a highly visible manner on the outside of the bag the words “reusable” and “recyclable,” the name and location of the manufacturer, and the percentage of post-consumer recycled content.
(O) “Reusable”
means designed or intended for more than a single use or few uses, or intended for reuse, in contrast to “disposable.”
(P) A “reusable bag”
is defined as a bag made of cloth or other machine washable fabric that has handles, or a durable plastic bag with handles that is at least two and one-quarter (2.25) mils thick and is specifically designed and manufactured for multiple reuse.
(Q) A “single-use carryout bag”
is defined as a bag, other than a reusable bag or recycled bag, provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment. Single-use carryout bags do not include bags, a maximum of eleven inches (11") by seventeen inches (17"), without handles provided to the customer (1) to transport produce, bulk food or meat from a product, bulk food or meat department within a store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a bag.
(R) “Special event organizer”
means a person, nonprofit (a charitable organization as defined in Section 501(c)(3) of the Internal Revenue Code of 1986), or business that endeavors to organize a special event in the City limits that may involve retail establishments and food and beverage services.
(S) “Special event participant”
means a person providing prepared food at any special event, regardless of size, sponsored by any person, commercial or nonprofit organization as defined in subsection (R) of this Section, or individual, which is held within the City, regardless of whether the prepared food is prepared within or outside of the City limits.