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The following regulations apply to town purchases, facilities, and town-sponsored events:
(A) All town facilities that involve food service shall use reusable foodware and compliant foodware accessories.
(B) Town-managed concessions, town-sponsored events, and town-permitted events shall use reusable foodware or compliant foodware and compliant foodware accessories.
(C) These entities are prohibited from using non-reusable plastic foodware, including EPS/polystyrene foam, and compostable or biodegradable plastics. No town department shall purchase or acquire non-reusable plastic foodware for use at any town facility. Organizations or individuals using town facilities shall use reusable or compliant foodware and compliant foodware accessories.
(D) The town shall prohibit the use of EPS/polystyrene foam and non-reusable plastic foodware by vendors, franchisees, lessees, contractors, or other commercial food and beverage purveyors at all town government center facilities, and town parks. Prohibited products include, but are not limited to, EPS/polystyrene foam and non-reusable plastic food containers, straws, bowls, plates, trays, utensils, clamshells, and cups which are not intended for reuse, on or in which any foods or beverages are placed or packaged.
(E) As of the effective date, all town departments that hold contracts, lease agreements, permits or other agreements that involve food service shall incorporate this prohibition into all new and renewed contracts, leases, permits, agreements, etc.
(F) The use or distribution of EPS/polystyrene foam, and non-reusable plastic foodware at special events at town facilities that are sponsored or co-sponsored by the town shall be prohibited. This prohibition shall apply to the event organizers, agents of the event organizers, event vendors, and any other party (including non-profit organizations) who have an agreement with one or more of the co-sponsors of the event to sell goods or beverages at the event or otherwise provide an event-related service.
(G) Written agreements with any vendor, including non-profit organizations, to sell food or beverages at an event that is sponsored or co-sponsored by the town, shall specifically prohibit the usage and distribution of EPS/polystyrene foam and non-reusable plastic foodware.
(Ord. 878, passed 4-5-2023)
(A) All food vendors shall charge customers $0.25 at the point of sale for every non-reusable cup provided unless they are exempt under this chapter.
(B) Income from the non-reusable cup charge shall be retained by the food vendor.
(C) Charges for non-reusable cups shall be identified separately on any post-sale receipt provided and, pre-sale, shall be clearly identified for the customer on media such as menus, ordering platforms, and/or menu boards. customers placing orders by telephone shall be informed verbally of non-reusable cup charges.
(D) All customers demonstrating, at the point of sale, a payment card or voucher issued by the California Special Supplemental Food Program for Women, Infants, and Children (WIC) pursuant to Article 2 (commencing with § 123275) of Chapter 1 of Part 2 of Division 106 of the Cal. Health and Safety Code and as amended, or an electronic benefit transfer card (EBT) issued pursuant to § 10072 of the Cal. Welfare and Institutions Code, and individuals with disabilities shall be exempt from the non-reusable cup charge.
(Ord. 878, passed 4-5-2023)
(A) All food vendors who provide solid waste containers for customer use, must provide separate receptacles for solid waste, recyclables, and organics. Receptacles shall be colored black or grey for garbage, blue for recycling, and green for compost/organics.
(B) To the extent possible given space constraints, all receptacles for solid waste, recyclables, and organics should be placed adjacent to one another.
(C) Graphic-rich signage must be posted on or above each receptacle following the waste hauler's guidelines.
(Ord. 878, passed 4-5-2023)
(A) Entities packaging prepared foods outside Marin County are exempt from the provisions of this chapter; provided, however, such entities are urged to follow the provisions of this chapter.
(B) Non-reusable foodware and foodware accessories composed entirely of aluminum is exempt from the provisions of this chapter.
(C) Should foodware or foodware accessories made of compliant compostable natural fiber not be commercially available, as determined by director or their designee, the county may approve temporary exemption of specific non-reusable foodware or foodware accessories items until they are made commercially available. The county shall maintain a list, updated annually, with foodware or foodware accessories deemed not available commercially.
(D) For the immediate preservation of the public peace, health, or safety due to an emergency or natural disaster, the City Council, or designee, may exempt food vendors, persons operating town facilities and agents, contractors, and vendors doing business with the town, from the provisions of this chapter.
(Ord. 878, passed 4-5-2023)
(A) Compliance with this chapter is required as of the effective date.
(C) Enforcement shall include written notice of non-compliance and a reasonable opportunity to correct, prior to issuance of any penalty.
(D) It is found and determined to by the Town Council that the public interest, health, safety, and welfare of the residents of the city require that the Marin County Environmental Health Services Division be designated as the enforcement agency of and within town and as such enforcement agency it is authorized with the enforcement of the provisions of this chapter and the Marin County Environmental Health Services division is vested, for the purposes of enforcing this chapter within town, with all of the jurisdiction and powers vested in or available to said division by this chapter and said health and safety code.
(E) Enforcement of this chapter will begin on November 10, 2023. Enforcement will be delegated to the County's Environmental Health Services. Enforcement will progress on the regular inspection schedule of all covered food vendors in the county as described in this chapter.
(Ord. 878, passed 4-5-2023)
On behalf of the town, the county may choose to undertake the following legal actions to correct and/or abate nuisances and violations of this chapter. The Director of Environmental Health Services or their designee is authorized to promulgate regulations and take any and all other actions reasonable and necessary to enforce the provisions of this chapter, including but not limited to, entering the premises of any food provider during regular business hours to verify compliance, and by the issuance of administrative citations. The remedies and penalties provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(A) Administrative citations. Administrative citations may be issued for violations of this chapter at the discretion of the Director. The issuance of an administrative citation under this chapter shall not supersede or limit the remedies provided elsewhere in this Code or California law, including other administrative citation remedies. Issuance of an administrative citation may be exercised in place of, but shall not be considered a waiver of, the use of any other available enforcement remedy.
(B) Process and service of citation.
(1) Prior to issuance of citation penalty, the county shall issue a violation warning letter to the facility operator and provide the facility operator 30 days to correct the violation(s).
(2) The violation warning letter and/or citation shall be mailed to the food facility operator named in the facility's permit.
(3) The failure of any interested person to receive the violation warning letter and/or citation shall not affect the validity of the proceedings.
(C) Administrative citation penalty schedule. Following the violation warning letter described in division (B)(1) above and 30-day cure period, if the violations remains, the county may issue the following administrative penalties:
(1) A fine not exceeding $100 for the first violation;
(2) A fine not exceeding $200 for a second violation of the same Code provision within one year; and
(3) A fine not exceeding $500 for each additional violation in excess of two, of the same Code provision within one year.
(D) Response to citation penalty. Following receipt of citation penalty, food facility operator shall have 30 days to pay the fine as indicated on the citation, or to request a waiver of payment of the penalty due to unique undue hardship. This waiver may be granted by the Director upon demonstration by a food facility operator to the satisfaction of the Director that strict application of the requirements would cause undue hardship. An "undue hardship" includes but is not limited to the following: (1) a situation unique to the food facility where a suitable alternative that conforms with the requirements of this chapter does not exist for a specific application; and (2) imposing the provisions of this chapter would cause significant economic hardship. "Significant economic hardship" may be based on, but not limited to, demonstrating that suitable foodware or foodware accessories made of compliant compostable natural fiber is not available at a commercially reasonable price and the additional cost associated with providing the compliant foodware or foodware is particularly burdensome to the food facility based on the type of operation(s) affected, the overall size of the business/operation, the number, type and location of its facilities, the impact on the overall financial resources of the food facility, and other factors. Reasonable added cost for a suitable item as compared to a similar item that the food facility can no longer use shall not by itself constitute adequate grounds to support an exemption for such item. In determining whether a significant economic hardship has been established, the Director or designee shall consider the following information: ability of the food facility to recover the additional expense by increasing its prices; the availability of tax credits and deductions; outside funding; and other options.
(E) Nonpayment of citation for more than one year deemed nuisance. Nonpayment of any assessed violation for longer than one year shall constitute a nuisance and be subject to the nuisance abatement procedures in Marin County Code Chapter 1.05, including payment of civil penalties of up to $2,500 per violation per day and enforcement and other abatement costs incurred by the County.
(Ord. 878, passed 4-5-2023)