Monterey Municipal Code Art. 3 Environmentally Acceptable Food Service Ware

a. City Facilities.All persons within, at, or upon any City facility are prohibited from:

1.Distributing prepared food using polystyrene foam;

2.Distributing plastic straws, except when a consumer self-identifying as a person with a disability making the use of a plastic straw necessary specifically requests a plastic straw, whereupon the person shall provide a plastic straw to the consumer; and

3.Distributing disposable food service ware that is not recyclable or compostable unless there is no affordable alternative.

b. Food Providers, City Contractors, and Special Event Participants.Food providers, City contractors, and special event participants are prohibited from:

1.Using or distributing polystyrene foam for prepared food or in any food service ware;

2.Using or distributing plastic straws, except when a consumer self-identifying as a person with a disability making the use of a plastic straw necessary specifically requests a plastic straw, whereupon the food provider, City contractor, or special event participant shall provide a plastic straw to the consumer; and

3.Using or distributing any disposable food service ware when providing dine-in services, unless the consumer requests a straw, whereupon a food provider may distribute a straw that is compostable such as one made from paper, sugar cane, pasta, or bamboo, though not a plastic straw, except when a consumer self-identifying as a person with a disability making the use of a plastic straw necessary specifically requests a plastic straw, whereupon the food provider, City contractor, or special event participant shall provide a plastic straw to the consumer.

4.When providing dine-out services, using or distributing disposable food service ware that is not compostable or recyclable, unless:

A.A consumer self-identifying as a person with a disability making the use of a plastic straw necessary specifically requests a plastic straw, whereupon the food provider, City contractor, or special event participant shall provide a plastic straw to the consumer.

B.There is no affordable alternative to disposable food service ware that is not compostable or recyclable, whereupon the food service provider may use or provide disposable food service ware that is not compostable or recyclable, though this exception shall not permit the use or distribution use of a plastic straw. (Ord. 3590 § 5, 2018)

Food providers or other persons required by Article 1 of Chapter 19 of this code to have a license to transact business, shall state on its annual business license renewal form that it is compliant with all provisions of this Article. (Ord. 3590 § 5, 2018)

a.All persons, including supermarkets and vendors, are encouraged to eliminate the use of polystyrene foam for packaging of food and other items that are not prepared food.

b.All persons are encouraged to use and distribute reusable, rather than disposable, food service ware, even when not required to do so. When it is necessary to use or distribute disposable food service ware, all persons are encouraged to use and distribute disposable food service ware that is compostable or recyclable, even when not required to do so. (Ord. 3590 § 5, 2018)

a. Application.A person may apply for an exemption from the requirements set forth in Section 14-16 for one nonrenewable one-year period. The application must be in writing and must include all information necessary for the Director to make a determination, including but not limited to a statement of the supporting facts made under penalty of perjury and documentation showing factual support for the exemption. The Director may require the applicant to provide additional information and may deny the application if the applicant fails to provide it.

b. Determination by Director.The City may, within its discretion, approve a food provider’s or City contractor’s application for exemption from the requirements set forth in Section 14-16 for a nonrenewable, one-year period only upon a finding and determination that Section 14-16 would create an undue hardship upon the applicant not generally applicable to other food providers or City contractors in similar circumstances. The Director may, within its discretion, deny the application in whole, approve the application in whole, or approve the application in part and/or with conditions. The Director shall prepare a written decision to grant or deny a one-year exemption, which decision shall be final. (Ord. 3590 § 5, 2018)

Violations of this Article shall be enforced as follows:

a.The Director shall be primarily responsible for enforcing this Article.

b.The Director, in accordance with applicable law, including Title 13 of Part 3 of the California Code of Civil Procedure, may inspect the premises of any food provider to verify compliance; provided, that the premises is located within the City.

c.For a first violation of the provisions of this Article, the City shall provide notice to the person(s) violating this Article that a violation has occurred.

d.For any violation after the first violation, the Director, the Director’s designees, officers of the Police Department, or attorneys of the City Attorney’s Office shall have the authority to take any one or more of the following actions:

1.Issue an administrative citation pursuant to Article 2 of Chapter 1 of this code, including the imposition of a fine pursuant to the City’s Administrative Citation Fine Schedule, as it may be amended.

A.Food providers, special event participants, and any other person who violates any provision of this Article in connection with a special event (as that term is used in Article 1 of Chapter 32 of this code), shall be assessed a progressive administrative fine, which shall increase in amount depending upon the number of persons at said special event, in accordance with the City’s Administrative Citation Fine Schedule.

2.Prosecute the violation as a criminal infraction or a misdemeanor.

3.Petition a court of competent jurisdiction for injunctive and/or declaratory relief.

4.Seek any other remedy available at law, in equity, and/or by statute. (Ord. 3590 § 5, 2018)