Arcata Municipal Code Art. 1 General Provisions

Unless the context requires otherwise, the definitions in this Section govern the construction of this Chapter. The definition of a word applies to any of its variants.

A. "Accessory Foodware" means any disposable foodware item such as straws, stirrers, napkins, and utensils; condiments cups and packets; cup sleeves, tops, lids, and spill plugs; and any other similar accessory or accompanying foodware item used as part of food or beverage service of packaging.

B. "Bottled Beverage" means drinking water, sparkling water, enhanced water, soda, sports drinks, juice, or other similar product in a rigid plastic bottle having capacity of twenty-one (21) fluid ounces or less, and intended primarily as a single-service container.

C. "City Facilities" means any building, structure or vehicle owned or operated by the City of Arcata, its agent, agencies, departments and franchisee.

D. "City Property" means real property, including buildings thereon, owned or leased by the City of Arcata. This includes but is not limited to City offices and facilities, plazas, parks, and public right-of-way (sidewalks and streets).

E. "City Street" means the public right-of-way including without limitation all City streets, sidewalks, and public alleys.

F. "Compostable" means materials in the product or package are fiber-based and will break down into, or otherwise become a part of, useable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner. Products or packages made with plastics, either petroleum or biological based, or made with fluorinated chemicals shall not be considered compostable.

G. "Disposable Foodware" means any disposable item or product intended for single or limited number of uses, used or provided by Food Service Establishments to serve, consume, or transport prepared food.

H. "Event Promoter" means an applicant for any event permit issued by the City.

I. "Food Provider" means any Food Vendor, business, organization, entity, group or individual, including any Restaurant or Food Establishment, including a motor vehicle or mobile unit based Vendor of Prepared Food located or operating within the City of Arcata or providing food or beverage to the public, and any provider of Prepared Food at organized or special events.

J. "Foodware" means all food-related single use wrappings, single-use disposable products used in the restaurant and food service industry for serving, transport, storage, or consumption of Prepared Food or Takeout Food and includes, but is not limited to, cups, bowls, plates, trays, cartons, coverings, and hinged or lidded containers (clamshells), Polystyrene foam coolers or ice chests which are not wholly encapsulated or encased within a more durable material; and additionally including packaging for food left over from partially consumed meals prepared by Food Vendors. This definition specifically excludes Accessory Foodware.

K. "Food Vendor" means any restaurant, Vendor, business, non-profit, organization, entity, group or individual that provides Prepared Food at a retail level, including a Food Service Establishment, vehicle, or mobile unit based Vendor. Food Vendor includes all establishments that carry a Food Permit from the Humboldt County Department of Environmental Health.

L. "Food Service Establishment" means any store, shop, sales outlet, restaurant or other establishment, other than a restaurant, including but not limited to a grocery store, delicatessen, vehicle or mobile unit based Vendor, drive-in, coffee shop, cafeteria, short-order cafe, luncheonette, grill, sandwich shop, hotel, motel, movie house, theatre, bed and breakfast inn, tavern, bar, cocktail lounge, nightclub, roadside stand, Takeout Food place, industrial feeding establishment, catering kitchen, commissary, special event, food market, produce stand, food stand, or similar place in which food or drink is prepared for sale, or for service, on the premises or elsewhere, and any other establishment or operation where food is processed, prepared, stored, served or provided to customers and that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5, commencing with Section 7200, of Division 2 of the California Revenue and Taxation Code).

M. "Gift Bag" means a decorative bag designed specifically for gift giving and has the ability to be used multiple times for that purpose. Gift bags are not bags used exclusively for transport of goods from a store.

N. "Prepared Food" means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the Food Provider’s premises and includes "Takeout Food." Prepared Food does not include raw, butchered meats, fish and/or poultry sold from a butcher case or similar retail appliance. Prepared Food may be eaten either on or off the premises.

O. "Protective Paper Bag" means a paper bag no larger than six hundred twenty-five (625) cubic inches provided at the point of sale to protect purchased items from damage which meets the following requirements:

1. Contains no old growth fiber and a minimum of forty percent (40%) post-consumer recycled material;

2. The recyclable paper bag shall be accepted at curbside or drop-off recycling centers located within Humboldt County;

3. Is capable of composting, consistent with the timeline and specifications of the American Society for Testing and Materials (ASTM) Standard D6400; and

4. Is printed with the word RECYCLABLE, and post-consumer content information.

P. "Polystyrene" means a thermoplastic petrochemical material utilizing a styrene monomer and processed by various techniques such as fusion of polymer spheres ("expandable bead polystyrene"), injection molding, form molding, and extrusion-blow molding ("extruded foam polystyrene"), blown polystyrene and expanded and extruded foams (sometimes incorrectly called Styrofoam, a Dow Chemical Company trademarked form of polystyrene foam insulation). Polystyrene is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons.

Q. "Recyclable" means material that can be sorted, cleansed, and reconstituted for the purpose of reuse or using the altered form in the manufacture of a new product. "Recycling" does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.

R. "Recyclable Paper Bag" means a paper bag provided at the check stand or other appropriate point of departure from the store for the purpose of transporting food or merchandise that meets the following requirements:

1. Contains no old growth fiber and a minimum of forty percent (40%) post-consumer recycled material;

2. The recyclable paper bag shall be accepted at curbside or drop-off recycling centers located within Humboldt County;

3. Is capable of composting, consistent with the timeline and specifications of the American Society for Testing and Materials (ASTM) Standard D6400; and

4. Is printed with the word RECYCLABLE, and post-consumer content information.

S. "Retail Store" means a store with retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5, commencing with Section 7200, of Division 2 of the California Revenue and Taxation Code).

T. "Reusable Bag" means a bag specifically designed and manufactured for long term use and is:

1. Designed and made of durable machine washable material that can be cleaned and disinfected; and

2. Proven capable of carrying a minimum of twenty-two (22) pounds one hundred twenty-five (125) times over a distance of one hundred seventy-five (175) feet;

3. Shall not contain lead, cadmium, or any other heavy metal in toxic amounts;

4. If made of plastic or biologically based source, is a minimum thickness of at least 2.25 mm.

U. "Reusable Foodware" means all foodware, including plates, bowls, cups, trays, glasses, straws, stirrers, condiment cups and utensils, that is manufactured of durable materials and that is specifically designed and manufactured to be washed and sanitized and to be used repeatedly over an extended period of time, and is safe for washing and sanitizing according to applicable regulations.

V. "Rigid Plastic Bottle" means any formed or molded container made of predominately plastic resin, having a relatively inflexible fixed shape or form, and intended primarily as a single-service container.

W. "Single-use Carry-out Bag" means a bag made of plastic or paper provided at the check stand, cash register, point of sale, or other point of departure for the purposes of transporting food or merchandise out of the establishment. "Single-use carry-out bags" do not include:

1. Bags provided for use inside stores or at farmers’ markets to: (a) package bulk items such as fruit, vegetables, nuts, grains, candy, or small hardware items; (b) contain or wrap frozen foods, meat or fish, prepared foods or bakery goods, whether prepackaged or not; or (c) segregate food or merchandise that could be damaged or cause damage to other food or merchandise when placed together in a reusable bag or recyclable paper bag;

2. Bags provided by a pharmacy for prescription medication;

3. Goods specially packaged at the point of sale into a gift bag; or

4. Newspaper bags, door-hanger bags, laundry dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bag.

X. "Store" means any of the following retail establishments located within the geographical limits of the City of Arcata that meets the following requirements:

1. "Supermarket" means a full line, self-service retail store with gross annual sales of two million dollars ($2,000,000) or more, and which sells a line of dry grocery, canned goods or nonfood items and some perishable items.

2. "Pharmacy" means any retail store where the profession of pharmacy by a pharmacist licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code is practiced and where prescriptions (and possibly other merchandise) are offered for sale.

3. "Retail store" means a store with retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5, commencing with Section 7200, of Division 2 of the Revenue and Taxation Code).

4. "Convenience food store" means any entity engaged in the retail sale of a limited line of goods that includes milk, bread, sodas, and snack foods including those stores with a Type 20 or 21 license issued by the California Department of Alcoholic Beverage Control.

Y. "Takeout Food" means food or beverages requiring no further preparation to be consumed and which generally are purchased to be consumed off the premises or away from the facilities of the retail Food Vendor.

Z. "Vendor" means any store or business which sells or offers goods or merchandise, located or operating within the City of Arcata, including "Food Service Establishments," and "Food Providers." (Ord. 1527, eff. 3/6/2020)

Repealed by Ord. 1527. (Ord. 1434, eff. 1/3/2014; Ord. 1440, eff. 6/19/2015. Formerly 5477)