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HomeMy WebLinkAboutItem 13c - Disposable Food Service Ware and Prohibiting Polystyrene DATE: July 6, 2021 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director By: Janessa Kalanjian, Administrative Assistant SUBJECT: REPORT, DISCUSSION, AND DIRECTION ON IMPOSING AN OPT-IN REQUIREMENT FOR DISPOSABLE FOOD SERVICE WARE AND PROHIBITING THE USE OF POLYSTYRENE ("STYROFOAM") FOOD AND BEVERAGE CONTAINERS Recommendation: Provide Direction SUMMARY At the May 4, 2021, City Council meeting, Council Member Beck requested a future agenda item concerning banning the use of Polystyrene (“Styrofoam”) disposable containers for serving prepared food and drink and restricting distribution of disposable food service ware items to on-demand only. His request to consider these issues was supported by Council Member Verlato and Mayor Pro Tem Cheng. It is recommended that the City Council discuss these two items and provide direction on adopting a local ordinance requiring businesses to provide disposable food service ware by request only, and a ban on polystyrene products. BACKGROUND The City of Arcadia is committed to finding ways to reduce solid waste, protect the natural environment, and promote public health. A common component of visible waste in public spaces and natural surroundings is discarded to-go food items consisting of food containers, beverage cups, disposable utensils, napkins, condiment packets, and more. Many of these containers and cups are made from polystyrene, a type of plastic that is not commonly recycled at most facilities, breaks down into small pieces, and never fully biodegrades. With regard to disposable food service ware, it is often discarded without being used when added to to-go orders by default, causing unnecessary waste and cost to business owners. During the COVID-19 pandemic, ordering to-go became the primary method of dining out, greatly increasing the amount of waste produced. In the interest of convenience and customer service, restaurants often include these items with to-go Disposable Food Service Ware and Prohibiting Polystyrene July 6, 2021 Page 2 of 5 orders without confirming that customers need them. Many to-go meals are eaten at home where customers have their own reusable items. A simple solution that neighboring cities are adopting and is becoming common throughout the region is an opt-in ordinance, requiring food service establishments to only provide disposable food service ware when it is affirmatively requested, reducing waste produced and reducing the cost to businesses. Polystyrene, commonly referred to as “Styrofoam”, is a type of plastic that can be manipulated in different ways. The Polystyrene used to produce disposable food and beverage is composed of 98% air, can float in water, and is easily picked up by wind, often ending up in streets and waterways even when disposed of properly. Polystyrene food containers are recognized as a main component of the trash littering beaches and oceans, prompting many municipalities throughout California to adopt ordinances restricting the use of such packaging. At the May 4, 2021, City Council meeting, Council Member Beck requested a future agenda item concerning banning the use of Styrofoam containers and restricting distribution of disposable food service ware items to by request only. His request was supported by Council Member Verlato and Mayor Pro Tem Cheng. DISCUSSION Increasingly large amounts of waste and non-biodegradable debris continue to present long lasting problems for the environment and public health. Single-use service ware, whether used or unused, ultimately ends up discarded. Providing simple, easy to implement solutions to curb the use of disposable items can assist in changing behaviors and reducing widespread single-use waste. Opt-in requirements for providing disposable food service ware reduces waste and costs for business owners by significantly lowering the frequency at which they need to purchase such products. Several nearby cities have recently adopted, or are in the process of adopting, disposable service ware ordinances, including Alhambra, Pasadena, and Los Angeles. Both the Alhambra and the proposed Pasadena ordinances share a similar format, as outlined below, while the City of Los Angeles ordinance includes prohibiting providing self-serve disposable wares to either dine-in or take-out customers. The Los Angeles County Board of Supervisors unanimously passed a similar motion and worked with the California Restaurant Association to develop an ordinance that aides in waste prevention and provides cost savings for restaurants. Key terms included in both the Pasadena and Alhambra ordinances are: 1. Disposable food service wares covered by the ordinance include utensils, straws, napkins, drink plugs, stirrers, and condiments. 2. Restaurants and other food service providers will only provide disposable food service ware by request, with the option to ask customers if they would like the items. Disposable Food Service Ware and Prohibiting Polystyrene July 6, 2021 Page 3 of 5 3. Third-party delivery applications shall provide on their platform an option for the customer to affirmatively request available disposable items. 4. Exceptions will be allowed for certain items for to-go or drive-thru orders such as sleeves on hot beverages, where the provider can choose to include such items with or without customer request. 5. Pre-packaged items such as juice boxes with straws are excluded. Regarding bans on Polystyrene food and beverage containers, some cities have taken a lighter approach by restricting the use within City facilities (or by City personnel) only, while others have extended the ban on these products citywide. For example, the City of Monrovia passed a resolution in 2017 restricting the use of Polystyrene food service products exclusively within city facilities, while the Cities of Pasadena and South Pasadena both passed ordinances that restrict the use citywide in 2016. The Pasadena and South Pasadena ordinances are generally similar, outlined as follows: • Polystyrene food service ware are defined as: cups, bowls, plates, takeout containers, and trays. • Bans the use of disposable Polystyrene products for serving prepared food and drink, as well as the sale or purchase of such products. • Applies to city vendors, contractors in city facilities, city-sponsored events, restaurants, retail vendors, food packagers, retail food vendors, and non- profit food providers. Both the Pasadena and South Pasadena ordinances prohibiting the use of Polystyrene follow similar practices for implementation, enforcement, and exemption, described below: City Implementation Enforcement Exemptions Pasadena • City facilities and events must comply immediately following adoption • After one year, all food providers and retailers are required to follow the ordinance. • Initial written warning • Tiered fines for the first four violations of $110, $223. $560, then $1,127. • Food prepared outside of the city • Packaging purchased under contract entered within one- year prior of ordinance adoption • Undue hardship exemption up to one year may be granted with application approval. • Food packaging used for raw meats South Pasadena • City facilities and events must comply immediately following adoption, extending city wide after one year. • First several months are used for outreach to allow business and contractors time to find alternatives • Following outreach, only warnings were issued for three months • Initial violation receives a warning, followed by tiered fines of $100 for the first, $200 for the second, and $500 for every subsequent violation • Includes all Pasadena exemptions • Coolers and ice chests intended for reuse are exempt. Disposable Food Service Ware and Prohibiting Polystyrene July 6, 2021 Page 4 of 5 In addition to these cities, states are also beginning to adopt legislation to curb the accumulation of waste caused by plastics and plastic related products. California has tried to introduce statewide restrictions on plastic use with SB 54, though the bill has failed to move forward for the third consecutive year in 2021. However, AB 1276, introduced in 2021, focuses only on requiring single-use food service ware be provided on request, and this bill is still active and has recently passed three readings in the Assembly and had its first Senate reading in early June. The state of Washington recently passed SB 5022, which includes requiring single-use food service ware be provided only by request, and the ban of polystyrene food service containers and coolers statewide by June 2024. In summary, there are varying levels of action that can be taken to help reduce plastic waste within the City. An “opt-in” ordinance for disposable food service ware would be easier to implement, while a ban on Polystyrene products may include more effort by businesses, as these products will need to be replaced with more environmentally- friendly, recyclable solutions. This could have a cost impact to businesses and some businesses may feel that food quality is impacted because Styrofoam is a better insulator than paper or most other plastic products. Overall, there could also be concerns raised over the need for governmental interference in private business activities. To this end, enforcement for both restrictions would be difficult, and would likely need to be implemented on a complaint basis only. Rather than an aggressive approach, the recommended focus would be on outreach to restaurants. and providing information and alternatives so that customer satisfaction is not negatively impacted by the transition. Nevertheless, it is anticipated that there would be confusion and complaints received from restaurants, and operators who will view this negatively, especially coming out of the pandemic. Many restaurants have a standard practice of including service items depending on the food and size of an order, and customers are accustomed to receiving these items without having to ask. A simple alternative would be suggesting restaurants have staff ask if the customer would like commonly included items, and adjust amounts based on order size. Additionally, a phase-in period could be explored to allow these policies to take effect over time. By providing information and alternatives to businesses through outreach, these restrictions may be better received, and may be more effective. The following are options for the City Council to consider: 1. Implement an opt-in requirement for disposable food service ware so that it is provided only by request. 2. Ban the use of Polystyrene food and beverage containers only at City facilities and events. 3. Ban the use of Polystyrene food and beverage containers citywide. 4. Take no action on one or both items at this time. If the City Council wishes to move forward with one or more of the above items, an Ordinance will be brought back at a future meeting for consideration and determination. Disposable Food Service Ware and Prohibiting Polystyrene July 6, 2021 Page 5 of 5 ENVIRONMENTAL ANALYSIS No action is proposed at this time. Therefore, there is nothing to consider relative to the California Environmental Quality Act ("CEQA"). FISCAL IMPACT There is no direct anticipated fiscal impact as a result of implementing such a measure. Any related costs (such as changing to more environmentally-friendly packaging materials for City functions and Departments) would be incidental and covered under the normal operating budget. RECOMMENDATION It is recommended that the City Council consider the information above and provide direction on adopting a local ordinance requiring businesses to provide disposable food service ware by request only and prohibiting the use of polystyrene (“Styrofoam”) food and drink containers. Attachments: City of Pasadena Ordinance - Polystyrene Ban City of Alhambra Ordinance - Opt-In Requirement for Disposable Food Service Ware 5/19/2021 Pasadena, CA Code of Ordinances 1/6 A. B. C. D. E. F. G. Chapter 8.67 - PROHIBITION OF THE DISTRIBUTION OR SALE OF PREPARED FOOD OR BEVERAGES IN ANY POLYSTYRENE FOOD SERVICE WARE 8.67.010 - Short title. This chapter shall be known and designated as the "polystyrene food packaging" ordinance. (Ord. No. 7284, § 2, 7-18-2016) 8.67.020 - Purpose of ordinance. The purpose of the ordinance codified in this chapter is to regulate the use of polystyrene food packaging in order to reduce and prevent the presence of this type of litter in the environment, and promote environmentally sustainable practices in the city. (Ord. No. 7284, § 2, 7-18-2016) 8.67.030 - Denitions. For the purposes of this chapter, the following definitions shall apply: "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies for a City of Pasadena special events permit or an exemption to the requirements of this chapter. "City facility" means any building, structure, property, park or open space owned, managed or leased by the city, its agents, agencies, or departments. "City contractor" means any person who enters into an agreement with the city to furnish products or services to or for the city. "City-sponsored event" means any event, activity or meeting organized or sponsored, in whole or in part, by the city or any department of the city. "Department" means the department of public works. "Director" means the director of the department of public works, or his/her designee, who is hereby designated to issue a compliance order or an administrative citation to enforce this chapter pursuant to Chapters 1.25 or 1.26, respectively, of the Pasadena Municipal Code or to grant an exemption to compliance with this chapter pursuant to Section 8.67.060. "Disposable food service ware" or "disposables" means single-use, disposable products used for serving or transporting prepared food, including, but not limited to, plates, bowls, trays, wrappers or wrapping, platters, cartons, clamshells, condiment containers, cups or drink ware or any other 5/19/2021 Pasadena, CA Code of Ordinances 2/6 H. I. J. K. L. M. N. O. container in or on which prepared foods are placed or packaged for consumption. This does not include straws, cup-lids, or utensils, nor does it include packaging for unprepared foods. "Food provider" means any person or place that provides or sells prepared food within the city to the general public to be consumed on the premises or for take-away consumption. Food provider includes but is not limited to: (1) a grocery store, supermarket, restaurant, drive-thru, cafe, coffee shop, snack shop, public food market, farmers market, convenience store, or similar fixed place where prepared food is available for sale on the premises or for take-away consumption, and (2) any mobile store, food vendor, caterer, food truck, vending machine or similar mobile outlet. Food provider also includes any organization, group or individual that regularly provides prepared food to its members or the general public as a part of its activities or services. "Person" means any person, business, corporation, or event organizer or promoter; public, nonprofit or private entity, agency or institution; or partnership, association or other organization or group, however organized. "Polystyrene" means a thermoplastic petrochemical material utilizing the styrene monomer, including, but not limited to, polystyrene foam or expanded polystyrene, processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, or extrusion-blow molding (extruded foam polystyrene), and clear or solid polystyrene (oriented polystyrene). The recycle code for polystyrene is "6" or "PS," either alone or in combination with other letters. This definition applies to all polystyrene food service ware, regardless of whether it exhibits a recycle code. "Polystyrene cooler" means any cooler or ice chest made of polystyrene foam, where such foam is not fully encased in a durable material. "Polystyrene food service ware" means disposable food service ware that contains or utilizes polystyrene. "Prepared food" means any food or beverage that is: (1) ready to consume without any further food preparation, alteration or repackaging; and (2) prepared, provided, sold or served by a food provider using any cooking, packaging or food preparation technique. Prepared food may be eaten either on or off the food provider's premises. Prepared food does not include: (1) any raw uncooked meat, poultry, fish or eggs, unless provided for consumption without further food preparation; and (2) fresh produce provided for consumption without food preparation or repackaging, including fruits, vegetables, and herbs, sold by grocery stores, supermarkets, food markets, farmers markets and other food vendors. "Recycle code" means a resin identification code placed on plastics to identify the material composition for separation of different types of plastics for recycling. "Special events" means events that are open to the general public and take place within the public right-of-way or are located within a park and/or are coordinated through the City of Pasadena's special events permit process. 5/19/2021 Pasadena, CA Code of Ordinances 3/6 A. B. C. D. E. F. G. (Ord. No. 7284, § 2, 7-18-2016) 8.67.040 - Prohibition against distribution or sale of polystyrene food service ware. No food provider shall distribute or sell any polystyrene food service ware in conjunction with the sale of prepared food or beverages at any location within the City of Pasadena. Food providers that distribute prepared food or beverages in disposable food service ware shall: (1) distribute only disposables that exhibit a recycle code other than No. 6 or PS; and/or (2) maintain documentation about the composition of any disposable food service ware that does not exhibit a recycle code. Documentation may include information from the supplier or manufacturer, bulk packaging for the disposables, and any other relevant information demonstrating that the disposable material is not polystyrene. No person shall distribute or sell prepared food or beverages in any polystyrene food service ware at city facilities that have been rented, leased or are otherwise being used with permission of the city. This subsection is limited to use of city facilities for which a person has entered into an agreement with the city to rent, lease or otherwise occupy a city facility. All facility rental agreements for any city facility shall include a provision requiring contracting parties to assume responsibility for preventing the utilization and/or distribution of polystyrene food service ware while using city facilities. The facility rental agreement shall indicate that a violating contractor's security deposit will be forfeited if the director determines that polystyrene food service ware was used in violation of the rental agreement. No person shall use or distribute polystyrene food service ware at city-sponsored events, activities and city meetings open to the public. This subsection shall apply to the function organizers, agents of the organizers, city contractors, and food providers. The city, its departments, its city contractors, agents, and employees acting in their official capacity, shall not purchase, acquire or distribute for public use any polystyrene coolers or polystyrene food service ware including cup-lids, straws, or utensils. All food providers required to have a business license by Pasadena Municipal Code Chapter 5 shall certify compliance with this chapter on the annual business license renewal application. No person, vendor, business or event promoter may sell, rent or otherwise provide any polystyrene product which is not wholly encapsulated or encased within a more durable material, except as exempted herein. This specifically includes, but is not limited to, cups, plates, bowls, clamshells and other products primarily for food service use, as well as polystyrene coolers and ice chests. (Ord. No. 7284, § 2, 7-18-2016) 8.67.050 - Administrative rules and regulations. 5/19/2021 Pasadena, CA Code of Ordinances 4/6 A. 1. 2. 3. 4. B. C. 1. 2. a. The director may adopt administrative rules and regulations not inconsistent with provisions of this chapter and state law as needed for the purpose of clarifying any of the administrative requirements of this chapter, such as but not limited to specifying the types of acceptable alternative food packaging that meet the requirements of this chapter and/or establishing frequency and protocol of city regulatory inspections and overall compliance monitoring. A proposed rule or regulation shall be posted at city hall and public counters, providing notice that it is to be adopted no earlier than 21 calendar days from the date on the posted notice and indicating the manner in which written comments may be provided to the director. A copy of the final adopted rule or regulation shall be posted in city hall and public counters no later than 10 days prior to the effective date of the rule or regulation. A copy of all adopted administrative rules and regulations shall be on file in the director's office. (Ord. No. 7284, § 2, 7-18-2016) 8.67.060 - Exemption from compliance with this chapter. The following are exempt from the provisions of this chapter: Food prepared or packaged outside of the city, provided such food is not altered, packaged or repackaged within the city limits. Coolers and ice chests, other than those defined as polystyrene coolers in this chapter. Food brought by individuals for personal consumption to city facilities, including, but not limited to, city parks, provided the city facility is being used for individual recreation or similar purposes and such facility use is not part of a larger organized event requiring a special events permit from the city. Emergency supplies and services. Food providers that are obligated to purchase or have purchased polystyrene food service ware under a contract entered into within the year prior to the operative date of this ordinance are exempt from the provisions of this chapter for six months following its operative date. The director may exempt any person from Section 8.67.040 following the operative date of this ordinance, as follows: A request for an exemption shall be filed in writing with the director and shall include documentation of the reason for the claimed exemption and any other information necessary for the department to make its decision. The department may require the applicant to provide additional information as necessary to make the required determinations. The director may grant an exemption for a maximum of one (1) year, with or without conditions, upon finding that compliance would create an undue hardship. Applications for exemption renewals will also be considered. Undue hardship shall be construed to include but not be limited to situations where: There are no reasonable alternatives to polystyrene food service ware for reasons that 5/19/2021 Pasadena, CA Code of Ordinances 5/6 b. 3. A. B. are unique to the applicant; or Compliance with the requirements of this chapter would deprive a person of a legally protected right. The director's written decision on the exemption is effective within 10 days of the decision. Decisions of the director may be appealed by the person applying for the exemption utilizing the process outlined in Section 8.67.090. (Ord. No. 7284, § 2, 7-18-2016) 8.67.070 - Authority to inspect and to monitor. The director may inspect and monitor affected locations to determine compliance with this chapter. (Ord. No. 7284, § 2, 7-18-2016) 8.67.080 - Operative date. No food provider shall distribute or utilize disposable food service wares containing polystyrene on or after 12 months following the adoption of the ordinance codified in this chapter by the city council. No city facilities, city-contractors, city-sponsored events or city-permitted events shall distribute or utilize disposable food service ware containing polystyrene on or after the effective date of the ordinance codified in this chapter. (Ord. No. 7284, § 2, 7-18-2016) 8.67.090 - Appeal. Any person or entity aggrieved by any decision or finding under the provisions of this chapter with respect to citations for violations of this chapter or granting or denying an application for an exemption from compliance with this chapter, may appeal such decision or finding. An appeal must be filed within 3 days after receipt of notice of any protested decision or finding by filing with the director a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than 10 days after receipt of the letter of appeal. Appellant shall be given at least 5 days' notice of the time and place of the hearing. A hearing officer, appointed by the city manager, shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the decision or finding should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the decision or finding appealed. At the conclusion of the hearing, the hearing officer shall make a final and conclusive determination. The appeal process set forth in this section does not apply to administrative citations pursuant to Chapter 1.25 or to orders to comply pursuant to Chapter 1.26. (Ord. No. 7284, § 2, 7-18-2016) 5/19/2021 Pasadena, CA Code of Ordinances 6/6 A. B. 8.67.100 - Violation of this chapter. It shall be unlawful and a violation of this chapter to fail to comply with any provision of this chapter. (Ord. No. 7284, § 2, 7-18-2016) 8.67.110 - Enforcement and violation—Penalty. It shall be unlawful for any person to violate the provisions of this chapter. A violation of this chapter shall be punishable under the administrative citation procedures set forth in Chapters 1.25 and 1.26. The fine imposed for a particular violation shall be in the amount set forth in the administrative citation schedule established by resolution of the city council pursuant to Section 1.26.060. The director has primary responsibility for enforcement of this chapter. All fines collected pursuant to this chapter shall be deposited in the refuse fund to assist the department with its costs of implementing and enforcing the requirements of this chapter. (Ord. No. 7284, § 2, 7-18-2016) 8.67.120 - Remedies not exclusive. To the maximum extent permitted by law, administrative remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (Ord. No. 7284, § 2, 7-18-2016) 8.67.130 - Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter, or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or effective. To this end the provisions of this chapter are declared to be severable. (Ord. No. 7284, § 2, 7-18-2016) Page 1 Posted: 4/13/21 Effective: 5/22/21 ORDINANCE NO. O2M21-4783 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALHAMBRA ADDING CHAPTER 6.13 TO THE ALHAMBRA MUNICIPAL CODE PERTAINING TO DISPOSABLE FOODWARE ITEMS OPT-IN REQUIREMENT FOR RESTAURANTS AND THIRD-PARTY APP- BASED DELIVERY PLATFORMS THE CITY COUNCIL OF THE CITY OF ALHAMBRA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds and declares as follows: A. Disposable foodware items are intended to be used once then discarded. These items pose waste management challenges and can persist in the environment for many years, causing harm to wildlife and blight to waterways. The production, use and disposal of these items have substantial environmental impacts, including environmental contamination; consumption of energy, water, and non-renewable, polluting fossil fuels; emissions of greenhouse gases; release of air and water pollutants; depletion of natural resources; litter on streets and in waterways; plastic pollution; and increased waste clean- up and management costs. B. Plastics in waterways and oceans break down into smaller pieces that are not biodegradable. Among other hazards, plastic debris attracts and concentrates ambient pollutants in seawater and freshwater, which can transfer to fish, other seafood and salt that is eventually sold for human consumption. Disposable foodware items can also contain harmful fluorinated chemicals that are linked to serious health conditions. C. The practice of freely giving customers disposable foodware items encourages customers, retailers, and food vendors to pay little attention to the quantity of disposable packaging products they consume and the associated environmental impact. D. Policies that limit the use of disposable foodware items encourage both reuse of materials and reduction of pollutants. These twin strategies are crucial for conserving resources and protecting the environment. SECTION 2. Chapter 6.13 is hereby added to the Alhambra Municipal Code to read as follows: “Chapter 6.13, Disposable Foodware Items 6.13.010 Definitions 6.13.020 Limitation on the Use of Disposable Foodware Items 6.13.010 Definitions (a) “Disposable” means items designed to be used once or a limited number of times and then discarded, whether the item is non-recyclable, recyclable or compostable. (b) “Food Service Establishment” means any establishment, located or providing food within the City of Alhambra, which provides prepared and ready to consume food or beverages, for Page 2 public consumption including but not limited to any eating and drinking service, takeout service, supermarket, delicatessen, restaurant, food vendor, sales outlet, shop, cafeteria, catering truck or vehicle, cart or other sidewalk or outdoor vendor or caterer which provides prepared and ready-to consume food or beverages, for public consumption, whether open to the general public or limited to certain members of the public (i.e., company cafeteria for employees). (c) “Foodware Item” means any item used or provided by Food Service Establishments to consume food or beverages, other than the containers holding the food or beverage. Foodware Items include, condiment cups and packets, straws, utensils (forks, spoons, sporks, knives, chopsticks), drink stirrers, beverage spill plugs, napkins, and other drink or food accoutrements. (d) “Prepared Food’ means any food or beverage prepared for consumption using any cooking, packaging, or food preparation technique, including but not limited to cooking, chopping, slicing, mixing, freezing, squeezing, or brewing, and which requires no further preparation to be consumed. Prepared Food includes uncooked fruits or vegetables, “take- out” food, or food prepared to be consumed off the Food Service Establishment premises. Prepared Food does not include any uncooked meat, fish or poultry. (e) “Third-party App-based Delivery Platform” means any service that delivers food from a Food Service Establishment to a customer based upon orders submitted via telephone, website or app. 6.13.020 Limitation on the use of Disposable Foodware Items (a) Food Service Establishments shall provide Disposable Foodware Items only upon customer request or at a self-serve station. This provision does not prohibit a Food Service Establishment from asking a customer if they would like Disposable Foodware Items with their order. (b) Third-party App-based Delivery Platforms shall include an option during the ordering process to allow the customer to affirmatively request Disposable Foodware Items as a part of their delivery or takeout order.” SECTION 3. City Staff is directed to work with Food Service Establishments to make customers aware of the requirements of this Ordinance and its environmental benefits. SECTION 4. The Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment. This exemption applies to actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The Ordinance is also exempt from CEQA pursuant to Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional Page 3 without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. Effective Date. This ordinance takes effect 40 days from the date of its adoption. SECTION 7. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED THIS 12th DAY OF APRIL, 2021. ___/s/ Sasha Renée Pérez______________ Mayor Sasha Renée Pérez ATTEST: __/s/ Lauren Myles______________ Lauren Myles, City Clerk APPROVED AS TO FORM _/s/ Joseph M. Montes ____________ Joseph M. Montes, City Attorney I, Lauren Myles, City Clerk of the City of Alhambra, certify Ordinance No. O2M21-4783 was adopted by the City Council at a regular meeting held on the 12th day of April, 2021, by the following vote: AYES: LEE, MAZA, MALONEY, ANDRADE-STADLER, PÉREZ NOES: NONE ABSENT: NONE __/s/ Lauren Myles_____________ Lauren Myles, City Clerk LA #4852-8689-5585 v1 3/15/21