HomeMy WebLinkAbout2380ORDINANCE NO. 2380
ORDINANCE NO. 2380 AMENDING THE ARCADIA MUNICIPAL CODE
BY ADDING PART 5 TO ARTICLE V, CHAPTER 1 RELATING TO A
PROHIBITION OF THE DISTRIBUTION OR SALE OF PREPARED FOOD
OR BEVERAGES IN ANY POLYSTYRENE CONTAINER, AND
ESTABLISHING AN OPT -IN REQUIREMENT FOR DISPOSABLE FOOD
SERVICE WARE ITEMS FOR FOOD PROVIDERS AND THIRD -PARTY
APP -BASED DELIVERY PLATFORMS
WHEREAS, the City is committed to finding ways to reduce solid waste, protect
the natural environment, and promote public health, and
WHEREAS, discarded to -go food items are a common component of visible waste
in public places, and many of these containers and cups are made of polystyrene, a type
of plastic that is not commonly recycled at most facilities breaks down into small pieces,
never fully biodegrades, and often enters our oceans and waterways; and
WHEREAS, policies that limit the use of disposable food service ware encourage
the reuse of materials and the reduction of waste and pollutants in the environment; and
WHEREAS, on July 6, 2021, the City Council of the City of Arcadia discussed
prohibiting the use of polystyrene ("Styrofoam") food and beverage containers, and
restricting distribution of disposable food service ware items to requesting parties only,
and directed City Staff to prepare an Ordinance with a one-year phase-in enforcement
period.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The Arcadia Municipal Code is hereby amended by adding Part 5 to
Article V, Chapter 1 to read in its entirety as follows:
"PART 5"
PROHIBITION OF THE DISTRIBUTION OR SALE OF PREPARED FOOD
OR BEVERAGES IN ANY POLYSTYRENE CONTAINER, AND
ESTABLISHING AN OPT -IN REQUIREMENT FOR DISPOSABLE FOOD
SERVICE WARE FOR FOOD PROVIDERS AND THIRD -PARTY APP -
BASED DELIVERY PLATFORMS
5150.0 DEFINITIONS.
For purposes of this chapter, the following definitions apply-.
a. "City" means the City of Arcadia.
b. "City facilities" means any building, structure, or vehicle owned or operated
by the City of Arcadia, its agents, agencies, departments, and franchises.
c. "Customer" means any person, firm, or association purchasing food or
beverages from a food provider. For the purposes of this chapter, a
"customer" includes making the purchase either directly from the Food
Provider or through a third -party food delivery platform.
d. "Disposable food service ware" means one time use disposable products
used for serving, or consuming prepared food, including but not limited to,
utensils, straws, napkins, condiment packets, drink stirrers and other food
and drink implements.
e. "Food" means all articles and substances used for food and drink,
confectionary or condiment whether simple or compound, and all
ingredients and components used in the preparation thereof.
f. "Food provider" means any person or place that provides or sells prepared
food to the public within the City limits to be consumed on or off the
premises. Food provider includes but is not limited to: a grocery store,
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supermarket, delicatessen, restaurant, drive-thru, cafe, cafeteria, 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 any mobile store, food vendor,
caterer, food truck, vending machine or similar mobile outlet. Food provider
also includes any business, organization, group or individual that regularly
provides prepared food to its members or the public as a part of its activities
or services.
g. "Polystyrene" means thermoplastic petrochemical material utilizing a
styrene monomer and is sometimes referred to by the trademarked name
"Styrofoam". Polystyrene includes expanded polystyrene or polystyrene
foam processed by any number of techniques including but not limited to
injection molding, foam molding, or extrusion- blow molding (extruded foam
polystyrene), clear or solid polystyrene (oriented polystyrene), and fusion of
polymer spheres (expandable bead 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 containers, regardless of
whether it exhibits a recycle code.
h. "Prepared food" means any food ready to consume without any further
preparation, alteration, or repackaging; and prepared, provided, sold or
served by a food provider using any cooking, packaging or food preparation
technique. Prepared food may be eaten on or off the vendor's premises.
Prepared food does not include raw uncooked meat, poultry, or fish.
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i. "Recycle code" means a resin identification code placed on plastics to
identify the material composition for separation of different types of plastics
for recycling.
j. "Third -party app -based delivery platform" means any service that delivers
food from a food provider to a customer based upon orders submitted via
telephone, website or app.
5150.1 LIMITATION ON THE USE OF DISPOSABLE FOOD SERVICE WARE.
With respect to disposable food service ware other than that which is used to
contain prepared food or beverages:
a. Food providers shall not automatically distribute disposable food service
ware to customers. This provision does not prohibit food providers from
asking customers if they would like disposable food service ware or offering
them at self -serve areas within the establishment.
b. Food providers shall use discretion when including necessary items in
circumstances such as drive-thru orders.
c. Third -party app -based food delivery platforms shall include an option
during the ordering process for customers to affirmatively request
disposable food service ware items with their order.
5150.2 PROHIBITION OF THE DISTRIBUTION OR SALE OF PREPARED FOOD OR
BEVERAGES IN ANY POLYSTYRENE CONTAINER.
It shall be unlawful for any food provider to:
a. Provide prepared food to its customers in containers made of polystyrene;
or in any other way provide any container made of polystyrene to its
customers.
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b. Distribute or sell prepared food in any container made from polystyrene at
any location within the City. This specifically includes, but is not limited to,
plates, bowls, cups, clamshells and other products intended primarily for
food service use.
c. Distribute or sell prepared food in any container made of polystyrene at City
facilities.
d. Use or distribute containers made of polystyrene at city -sponsored events,
city -managed concessions or city meetings. This subsection shall apply to
the function organizers, their agents, city contractors, food providers, and
any other person that enters into an agreement with one of more of the
function sponsors to sell or distribute prepared food.
e. Distribute prepared food in any container other than those that show a
recycle code other than No. 6 or PS; and such distributor shall retain
documentation about the composition of any disposable food service ware
that does not display a recycle code.
f. The Development Services Director or designee may exempt a person,
business, or organization from this Section 5150.2 as follows:
i. A request for an exemption must be filed in writing with the Development
Services Director or designee and shall include documentation of the
reason for requesting exemption. The City may ask the applicant to
provide additional information as needed. Exemptions may be granted
for a maximum of one year. After the one-year period, a formal written
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request for an extension may be submitted, subject to the same
determinations as the initial request.
ii. The Development Services Director or designee's written decision will
be effective within 30 days of the decision and may not be appealed.
5150.3 EXEMPTIONS.
The following are exempt from the provisions of this chapter:
a. Food items in polystyrene containers which are packaged outside the city
boundaries, provided food is not repackaged or altered within the city limits.
b. Polystyrene containers used for raw meat, chicken, and/or fish.
c. Polystyrene containers required to be purchased under a contract entered
into one year prior to the final effective date of this chapter; provided that
this exemption will apply for up to one year from the effective date of this
chapter.
d. Instances when the City may determine to exempt the requirements of this
chapter in the event of an emergency or when deemed necessary for the
interest of public health, safety or general welfare.
5150.4 ENFORCEMENT.
a. City Staff will provide outreach to food providers to focus on education and
awareness of this chapter during the time preceding the effective date of
each section. This outreach shall specifically include the Arcadia Chamber
of Commerce and the California Restaurant Association, as well as direct
outreach to businesses and organizations.
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b. The Development Services Director or designee is authorized to establish
regulations and administrative procedures, and take other actions
necessary to obtain compliance with this chapter, including but not limited
to, inspection of any food provider's premises to verify compliance with
regulations outlined in this chapter.
5150.5 VIOLATION.
a. For the first and second violations of this chapter, the Development Services
Director or designee shall issue a written warning Notice of Violation to the
person or food provider.
b. Thereafter, subsequent violations will be subject to penalty pursuant to
Section 1200 et seg. of the Arcadia Municipal Code.
5150.6 PHASES OF IMPLEMENTATION.
5150.6.1 PHASE ONE
Phase One will be known as the "LIMITATION ON THE USE OF DISPOSABLE
FOOD SERVICE WARE" and will include all elements outlined in section
5150.1.
5150.6.2 PHASE TWO
Phase two will be known as the "PROHIBITION ON THE DISTRIBUTION OR
SALE OF PREPARED FOOD OR BEVERAGES IN ANY POLYSTYRENE
CONTAINER" and will include all elements outlined in section 5150.2.
5150.7 EFFECTIVE DATE.
a. Phase One shall be effective sixty days following the date of adoption of this
Ordinance by the City Council.
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b. Phase Two shall be effective one year following the date of adoption of this
Ordinance by the City Council.
SECTION 2. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held
to be unconstitutional or otherwise legally ineffective, such decision shall not affect the
validity of the remaining portion of this Ordinance or any part thereof. The City Council
hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or
more section, subsection, subdivision, paragraph, sentence, clause or phrase be
declared unconstitutional or otherwise legally ineffective.
If for any reason any portion of this Ordinance is found to be invalid by a court of
competent jurisdiction, the balance of this Ordinance shall not be affected.
SECTION 3. CEQA, The City Council finds that this Ordinance is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall
cause a copy of same to be published in the official newspaper of said City within fifteen
(15) days after its adoption. This Ordinance shall take effect on the thirty-first (31St) day
after its adoption.
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Passed, approved and adopted this 2nd day of November , 2021.
Mayor of the City of Arcadia
ATTEST:
-�✓ice
QK Clerk
APPROVED AS TO FORM:
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�ti �"�
Stephen P. Deitsch
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2380 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 2nd day of November, 2021 and that said Ordinance was adopted by
the following vote, to wit:
AYES: Beck, Chandler, Verlato, Cheng, and Tay
NOES: None
ABSENT: None
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C' Jerk oft ity of Arcadia