The following definitions apply to this article:
A. City means the City of Los Angeles.
B. Condiment means relishes, spices, sauces, confections, or a seasoning that requires no additional preparation and that is used on a Prepared Food or Beverage, including, but not limited to, ketchup, mustard, mayonnaise, barbecue sauce, dressings, sauerkraut, salsa, soy sauce, wasabi, ginger, hot sauce, grated cheese, syrup, jam, jelly, butter, salt, sugar, sugar substitutes, cream, creamer, pepper, or chile pepper. “Condiment” does not include an ingredient or component that is an integral part of the menu item, but that a Food or Beverage Facility packages separately when preparing the item for a Take-out Customer or Delivery Customer.
C. Condiment Packets mean any packaged Condiments, including, but not limited to, Condiments in packets, cups, or other containers for Condiments that are sealed or resealable and intended for single- use.
D. Customer means a Person, the Person’s agent, or the Person’s caregiver.
E. Delivery Customer means a Customer who purchases a Prepared Food or Beverage from a Food or Beverage Facility or Third-party Food Delivery Service and has the Prepared Food or Beverage delivered to them by a Food or Beverage Facility or Third-party Food Delivery Service.
F. Designated Administrative Agency (DAA) means the Department of Public Works, Bureau of Sanitation (LA Sanitation & Environment).
G. Dine-in Customer means a Customer who purchases Prepared Food or Beverages at a Food or Beverage Facility and consumes it on the premises of the Food or Beverage Facility.
H. Disposable means designed to be used once and then discarded, and not designed for repeated use and sanitizing.
I. Disposable Foodware Accessory means any type of Disposable item that accompanies a Prepared Food or Beverage served in Disposable plates, containers, or cups. A Disposable Item includes, but is not limited to, Utensils, Condiment Packets, Disposable Plastic Drinking Straws and all other Disposable straws, stirrers, splash sticks, cocktail sticks, toothpicks, napkins, wet-wipes, cup lids, cup sleeves, and beverage trays.
J. Disposable Plastic Drinking Straw means a thin, hollow tube for sucking a liquid or semi-liquid substance that constitutes Prepared Food or Beverages, which is designed for a single-use and made from fossil fuel based polymers, including, but not limited to, high-density polyethylene, low-density polyethylene, polyethylene terephthalate, polystyrene, polypropylene, polyvinyl chloride, polycarbonate that can be molded or blown into shape while soft and then set into a rigid or slightly elastic form, and any straw made from or labeled “bioplastic/compostable/poly-lactic acid (PLA)”.
K. Drive-through Customer means a Customer who purchases Prepared Food or Beverages at a Food or Beverage Facility and is provided the Prepared Food and/or Beverages without leaving their vehicle.
L. Food or Beverage Facility means a facility located in the City that sells or otherwise provides Prepared Food or Beverages for consumption on or off its premises, and includes, but is not limited to, a shop, sales outlet, restaurant, bar, pub, coffee shop, coffee stand, juice and/or smoothie bar, cafeteria, caterer, convenience store, liquor store, grocery store, supermarket, delicatessen, farmers market, theater, mobile food truck, roadside stand, kiosks, carts, or a Vendor (as defined in Section 42.13 in the Los Angeles Municipal Code or any successor provision) or any organization, group, or individual that regularly provides Prepared Food or Beverages as part of its service.
M. Large Food or Beverage Facility means a Food or Beverage Facility with more than 26 employees. If the Food or Beverage Facility is part of a Statewide or National Food or Beverage Vendor, the employee count shall include all employees of that chain.
N. Online Order means an order placed by a Take-out Customer or Delivery Customer through an Online Ordering Platform through which the Customer can place an order for pick-up or delivery of a Prepared Food or Beverage. A platform includes one operated directly by the Food or Beverage Facility or Third-party Food Delivery Service, including a telephone order, for pick-up or delivery within the City.
O. Online Ordering Platform means the digital technology provided on a website or mobile application through which a Customer makes an Online Order.
P. Operator means any Person in control of, or having the responsibility for, the operation of a Food or Beverage Facility and/or Third-party Food Delivery Service, including, but not limited to, any owner of the Food or Beverage Facility and/or Third- party Food Delivery Service.
Q. Person means a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, or organization, or the manager, lessee, agent, servant, office, or employee of any of them.
R. Prepared Food or Beverage means foods or beverages which are prepared by cooking, chopping, slicing, mixing, freezing, squeezing, brewing, boiling, steeping, pouring, or other processing and that require no further preparation by the customer before consumption. “Prepared Food or Beverage” does not include raw uncooked whole fruits or vegetables which are not chopped, squeezed, or mixed, or raw uncooked meat products.
S. Request means any reasonable affirmation of the Customer’s intent to procure Disposable Foodware Accessories and is not limited to a verbal Request.
T. Statewide or National Food or Beverage Vendor means any Food or Beverage Facility located in the City that is part of a chain of franchised or corporate-owned Food or Beverage Facilities located in the City and in more than one other jurisdiction outside of the City.
U. Take-out Customer means a Customer who purchases Prepared Food or Beverages from a Food or Beverage Facility or Third-party Food Delivery Service and consumes it off the premises of the Food or Beverage Facility.
V. Third-party Food Delivery Service means any website, mobile application, or other internet service that offers or arranges for the sale of Prepared Food or Beverages prepared by, and the delivery or pick-up of Prepared Food or Beverages from no fewer than 20 Food or Beverage Facilities that are each owned and operated by different persons.
W. Utensil means a fork, spoon, spork, knife, chopstick, or other implement used to serve a Person, or to eat food.