A. Except as provided in subsections B and C of this section, food establishments may not sell or distribute a disposable food service container composed in part or in whole of polystyrene foam packaging on or after January 1, 2024.
B. A food establishment with an annual gross income under five hundred thousand dollars ($500,000) per location as stated on the food establishment's income tax filing for the most recent tax year as provided to the Village shall comply with this section on or after January 1, 2025.
C. Exceptions. The prohibitions set forth in this section shall not apply in the following situations:
1. Supplies and services provided in response to a public health or other emergency that is declared by a governmental body with jurisdiction in the Village.
2. Any polystyrene foam that is prepackaged with or attached to any food or beverage products by the manufacturer prior to receipt by the food dispensing establishment;
3. Any not-for-profit corporation; or
4. A federal, state, or local governmental agency that provides food to needy individuals a no or nominal charge.
D. Enforcement: The Village shall perform education and outreach efforts regarding the prohibition contained in this section during the first four (4) months of 2024 through April 30, 2024. No citations shall be brought against food establishments for violations of this section during said time. Thereafter, a food establishment in violation of this section shall be given one (1) written warning beginning on May 1, 2024 prior to a citation being issued against the food establishment. Citations may be issued against any food establishments pursuant to subsections A and B above without a warning being previously issued that violate this section beginning January 1, 2025 and thereafter. (Ord. 23-8, 5-15-2023; amd. Ord. 23-50, 6-20-2023)