4-3-12: SINGLE USE-FOODWARE:
   A.   Definitions:
 
SELF-SERVICE STATION:
An area dedicated to customers taking away single-use foodware and condiments.
SINGLE-USE FOODWARE:
Any eating utensil or other item to be used as part of food or beverage service that is designed and intended by the manufacturer for only one usage before being discarded, including forks, spoons, sporks, knifes, chopsticks, other eating utensils, stirrers, drink stoppers, splash sticks, cocktail sticks, toothpicks, napkins, wet wipes, cup sleeves, beverage trays, disposable plates, and condiment packets. "Single-use foodware" does not include straws, beverage lids, or items used to contain or package food or beverages for delivery or take-out orders.
 
   B.   Procedures:
      1.   Requirements. Beginning on July 1, 2023, in connection with any delivery or take-out order of food or beverage, a food establishment may only provide single-use foodware upon request from the customer or at a self-service station. Food establishments shall provide options for customers to affirmatively request single-use foodware when ordering food and beverages for delivery or take-out across all ordering or point of sale platforms, including internet enabled applications, digital platforms, phone orders, and in-person ordering. The Village is authorized to establish, by rule, a standard sign for use by food establishments in connection with this Subsection.
      2.   Exceptions. This Section shall not apply to:
         a.   Single-use foodware necessary to address safety concerns, such as lids, drink stoppers, beverage trays and cup sleeves for beverages served at an average temperature in excess of 170 degrees Fahrenheit;
         b.   A food vending machine, as defined in Section 4-3-11 of the Village Code;
         c.   Any single-use foodware that is prepackaged with or attached to any food or beverage products by the manufacturer prior to receipt by the food establishment;
         d.   Any charitable food establishment;
         e.   Single-use foodware provided in connection with any food or beverage order fulfilled at a drive-through facility; and,
         f.   A food establishment granted a waiver by the Village Council. (Ord. O-17-23, 4-10-2023)