(A) Definitions. For purposes of this section, the following words, terms and phrases, including their respective derivatives, have the following meanings:
BEVERAGE. Any liquid, including any slurry, frozen, semi-frozen, or other forms of liquids, intended for consumption.
BEVERAGE PROVIDER. Any business, organization, entity, group, or individual located within the city that offers beverages to the public for consumption, including food providers as defined herein.
CITY CONTRACTOR. Any contractor, vendor, lessee, concessionaire, or operator of a city or CRA facility or property, as well as their agents.
FAST FOOD SERVICE VENDOR. Food service establishments that serve food and/or beverages (1) via a drive-through; (2) in a packaged form for take-out/take-away; (3) from stands or kiosks which may or may not provide shelter or seating for customers; or (4) from food trucks or other mobile food vendors.
FOOD PROVIDER. Any person or entity that is a retailer of prepared food or beverages for public consumption on or off premises, including, but not limited to, any store, market, fast food service vendor, restaurant, shop, or caterer.
PERSON. An individual, business, event promoter, trust, firm, joint stock company, corporation, nonprofit, including a government corporation, partnership, or association.
PLASTIC BEVERAGE STRAW. A tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, for transferring a beverage from its container to the mouth of the drinker. PLASTIC BEVERAGE STRAW includes compostable and biodegradable petroleum or biologically based polymer straws, but does not include straws that are made from non-plastic materials, such as paper, sugar cane, or bamboo.
PUBLIC EVENT PERMITTEE. A person who has obtained a Public Event Permit from the city pursuant to § 98.07 of the City Code.
RESTAURANT. Any vendor or establishment within the city that provides food and/or beverage for public consumption on the premises, for takeout or for both.
SINGLE-USE. A product that is designed to be used only one time in its same form by the customer, food vendor or other entity.
(B) Plastic Beverage Straws Prohibited.
(1) (a) No person shall use plastic beverage straws or otherwise sell, distribute, or offer for use on public beaches within city limits or in city parks or other city facilities.
(b) No person, food provider, beverage provider or fast food service vendor, as defined herein, shall provide a plastic straw to any customer and shall otherwise comply with the provisions of subsection (4) below.
(2) City contractors and public event permittees shall not sell or distribute, use, or offer the use of plastic beverage straws in city facilities or on city property. A violation of this section shall be deemed a default under the terms of the city contract, lease, or concession agreement and is grounds for revocation of a Public Event Permit.
(3) Exceptions. This prohibition shall not apply to:
(a) Pre-packaged drinks containing plastic beverage straws which are sold at commercial establishments.
(b) Use by the school district or county, state, or federal governmental entities.
(c) Use during a locally declared emergency.
(d) Use by individuals with a disability or other impairment requiring use of plastic straws. However, the city strongly encourages use of non-plastic straws by all such persons or entities where possible.
(4) Beverage straws upon request. On and after March 1, 2019, all food providers within the city, as defined herein, restaurants, and all persons working for or engaged as a food provider, shall ask each dine-in customer or takeout prepared food order customer if the customer wants a single-use beverage straw. If the customer requests a single-use beverage straw, they shall be provided with a single-use beverage straw composed of renewable or compostable material, such as paper, sugar cane, or bamboo.
(C) Alternatives to plastic beverage straws. Separate and apart from the prohibitions set forth in subsection (B) above, the city encourages all food providers, beverage providers and all persons in the city to use, provide, distribute, sell or make available alternatives to plastic beverage straws, such as straws made from paper, sugar cane, or bamboo to customers.
(D) Education. Following adoption, the city will engage in public education efforts related to the implementation of this section and provide assistance with identifying alternatives to plastic beverage straws.
(E) Enforcement; Penalties.
(1) Beginning January 1, 2019, the city shall enforce all provisions of this section.
(2) Any city contract, lease, or concession agreement entered into prior to the effective date of this section or any public event permit issued prior to the effective date of this section shall not be subject to the requirements of this section, unless the city contractor or public event permittee voluntarily agrees thereto.
(3) The provisions of this section apply only to contracts, leases, or concession agreements entered into after January 1, 2019.
(4) Any person violating any section of this article is guilty of an infraction. Each separate offense shall constitute a violation. The first violation shall be subject to a written warning. Any subsequent violation shall be subject to a fine of $150 per violation. However, the city shall not be precluded from enforcing violations of this section by any other available legal process.
(Ord. 2019-05, passed 10-23-18; Am. Ord. 2019-20, passed 1-8-19)