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This Chapter 16 is intended to be a proper exercise of the City’s police power and role as a market participant, to operate only upon its own officers, agents, employees, and facilities, and other persons acting within the City’s boundaries, and not to regulate inter-city or interstate commerce. Nothing in this Chapter shall be interpreted or applied so as to create any requirement, power or duty in conflict with any federal or state law.
(Former Sec. 1609 added by Ord. 295-06, File No. 060944, App. 11/29/2006; renumbered as Sec. 1608 and amended by Ord. 140-16, File No. 160383, App. 7/29/2016, Eff. 8/28/2016, Oper. 1/1/2017)
In undertaking the implementation of this Chapter 16, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officer and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Former Sec. 1610 added by Ord. 295-06, File No. 060944, App. 11/29/2006; renumbered as Sec. 1609 and amended by Ord. 140-16, File No. 160383, App. 7/29/2016, Eff. 8/28/2016, Oper. 1/1/2017)
(a) Beginning on January 1, 2020, Event Producers providing Prepared Food beverages at Events must either make Reusable Beverage Cups available to no less than 10% of their attendees, or be able to demonstrate to the Director that reasonable effort has been made to ensure that at least this percentage of attendees or visitors brought or will have access to a Reusable Beverage Cup at the Event. The Director may pass regulations to increase this percentage in furtherance of the objectives of this Chapter.
(b) To meet the requirement in subsection (a), Event Producers may provide, lend, or sell Reusable Beverage Cups to Event attendees, and promote or incentivize attendees to bring their own Reusable Beverage Cups. A permit application for any Event must indicate how the requirement in subsection (a) shall be met. The Event Producer’s selected method for meeting the requirement in subsection (a) must be included in any contract, agreement, or permit for the Event.
(c) Use, handling, and sanitation of Reusable Beverage Cups at Events must comply with all applicable state and local laws, regulations, and guidelines.
(d) Waivers. Any Event Producer may petition the Director for a full or partial waiver of the requirements of this Section 1611 as they apply to a particular Event, if the Event Producer can (1) demonstrate that the Event Producer is not able to access Reusable Beverage Cups for the Event, or (2) that the application of this Section would create undue hardship or practical difficulty for the Event Producer that is not generally applicable to other Event Producers in similar circumstances.
(Added by Ord. 201-18, File No. 180519, App. 8/10/2018, Eff. 9/10/2018, Oper. 7/1/2019)
(Former Sec. 1611 added by Ord. 295-06, File No. 060944, App. 11/29/2006; renumbered as Sec. 1610 and amended by Ord. 140-16, File No. 160383, App. 7/29/2016, Eff. 8/28/2016, Oper. 1/1/2017)
Ordinance 140-16 amends sections of this Chapter, as shown in the history notes above. Section 4 of that ordinance provides as follows:
Effective Date; Operative Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor’s veto of the ordinance. This ordinance shall become operative on January 1, 2017; provided, however, that the application of this ordinance to Meat and Fish Trays shall become operative on July 1, 2017.