Long Beach Municipal Code Ch. 8.17 Children's Meals

Recognizing the dangers of childhood obesity and the connection between this epidemic and sugar-sweetened beverages, the purpose of this Chapter is to promote healthy lifestyles in the children and youth of the City of Long Beach and to combat the childhood obesity epidemic by limiting the beverages offered in meals for children and youth to healthy choices.

(ORD-17-0027 § 1, 2017)

A. "Children's meal" means a combination of food items, or food item(s) and a beverage, sold together as a single price, primarily intended for consumption by children.

B. "Restaurant" means a food establishment that serves food to customers for consumption on- or off-premises, including fast-food and full-service dining establishments. It includes, but is not limited to, drive-through or walk-up counters, coffee shops, cafes, pizza parlors, and dine-in establishments. A restaurant, for purposes of this Chapter, may provide alcoholic beverage sales for drinking onpremises, provided that such sales are ancillary to food service.

C. "Default beverage" means the beverage automatically included or offered as part of a children's meal, absent a specific request by the purchaser of the children's meal for an alternative beverage.

(ORD-17-0027 § 1, 2017)

A. A restaurant that sells a children's meal that includes a beverage shall make the default beverage offered with the children's meal one of the following:

1. Water, sparkling water, or flavored water, with no artificial sweeteners or additives;

2. Nonfat or one percent (1%) milk, or non-dairy milk alternative that is under one hundred thirty (130) calories per container and/or serving offered for sale; or

3. One hundred percent (100%) juice, with no artificial sweeteners or additives, that is under forty (40) calories per serving.

B. Nothing in this Section prohibits a restaurant's ability to sell, or a customer's ability to purchase, a substitute or alternative beverage instead of the default beverage offered with a children's meal, if requested by the purchaser of the children's meal.

(ORD-17-0027 § 1, 2017)

All restaurants shall be subject to inspections conducted on a periodic basis pursuant to Chapter 8.44 of this Code and any other applicable laws to determine whether they comply with the requirements of this Chapter.

(ORD-17-0027 § 1, 2017)

In addition to all other available remedies at law, this Chapter shall be enforceable through the use of the administrative citation procedures set forth in Chapter 9.65 of this Code.

(ORD-17-0027 § 1, 2017)

This Chapter shall be construed so as not to conflict with applicable federal or state laws, rules, or regulations. Nothing in this Chapter authorizes any City agency to impose any duties or obligations in conflict with limitations on municipal authority established by federal or state law.

(ORD-17-0027 § 1, 2017)

If any provisions of this Chapter, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect any other provision or application of this Chapter that can be given effect without the invalid provision or application; and to this end, the provisions or applications of this Chapter are severable.

(ORD-17-0027 § 1, 2017)