743.02  PROHIBITIONS.
   No person, firm or corporation owning, operating or managing a restaurant and no retail food vendor located within the City shall do or allow to be done any of the following:
   (a)   Within the City, sell, offer to sell or convey at retail, or possess with the intent to sell or convey at retail, to any customer any prepared food or beverage or takeout food or beverage which is placed, wrapped or packaged at any time at or before the time or point of sale in or on packaging which is not environmentally acceptable packaging; nor
   (b)   Within the City, provide to retail customers or possess with the intent to provide to retail customers, packaging which is not environmentally acceptable packaging; nor
   (c)   Within the City, provide prepared food or takeout food to its customers in or on packaging which is not environmentally acceptable packaging.
   (d)   The presence on the premises of the restaurant or retail food vendor of packaging which is not environmentally acceptable packaging shall constitute a rebuttable presumption of intent to sell or convey at retail, or to provide to retail customers packaging which is not environmentally acceptable packaging provided, however, that this subsection shall not apply to manufacturers, brokers or warehouse operators who conduct or transact no retail food or beverage business.
      (Ord. 90-3.  Passed 2-4-91.)