Chapter 3-8 — FOOD ESTABLISHMENTS

Article 1 Permits for Food Establishments

It shall be unlawful for any person to operate a "restaurant," "itinerant restaurant," "vehicle," "retail food production and marketing establishment" or "bakery" (hereinafter collectively referred to as "food establishments"); as those terms are respectively defined in Health and Safety Code Sections 28552, 28523, 28524, 28802 and 28190 in the City of San Leandro unless he or she has a permit issued by the Alameda County Health Officer. A permit shall be issued if the applicant complies with the applicable provisions of State law and local ordinances.

The permit shall be posted in a conspicuous place in the food establishment.

Any permit issued pursuant to this ordinance may be suspended or revoked for good cause by the County Health Officer. "Good Cause" means a violation of any of the applicable provisions of State law or local ordinances.

When the County Health Officer suspects a violation of the applicable provisions of State law or local ordinance has occurred he or she shall issue and serve upon the permittee a notice setting forth in clear and concise language the acts or omissions with which the permittee is charged and informing the permittee of his or her right to a hearing.

At any time within the 15 day period after service of such notice, the permittee may request a hearing before the County Health Officer to show cause why his or her permit should not be suspended or revoked. A failure to request a hearing within such 15 day period shall be deemed a waiver of the right to such hearing. The decision of the County Health Officer shall be final.

Notwithstanding the other provisions of this Article, whenever the County Health Officer finds insanitary or other conditions in a food establishment which, in his or her judgment, constitute an imminent and substantial hazard to the public health, he or she may, without prior notice, issue a written notification to the permittee citing such insanitary or other conditions and specifying the corrective action to be taken, and order all food service operations to be immediately discontinued. Any permittee to whom such an order is issued shall comply immediately therewith, but upon written petition to the County Health Officer, shall be afforded a hearing before the County Health Officer within five days.

Article 2

Ban on Polystyrene Foam Food Service Ware(Legislative History: Ordinance No. 2011-011, 9/19/11 (Sections 3-8-200—3-8-240))

This Article shall be known as the "City of San Leandro Ban on Polystyrene Foam Food Service Ware" and may be so cited.

The purpose and intent of this Article is to protect the City's natural environment, its economy, and the health of its residents and visitors by substituting polystyrene foam food service ware with compostable or recyclable food service ware at all food vendors, City departments, and City facilities served by contractors, and at City-sponsored events.

For the purpose of this Article the following definitions shall govern unless the context clearly requires otherwise:

"City" means the City of San Leandro.

"City department" means any governmental subdivision of the City.

"City facility" means any premises or lands owned or operated by the City.

"City-sponsored event" means any activity that is organized by the City and any private activity whose organizers voluntarily request any endorsement or recognition from the City that is unrelated to any requirements for such an event under applicable law.

"Compostable" means all materials in the product or package will break down into, or otherwise become a part of, usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner consistent with the composting facility used by the City's franchisee or by the Oro Loma Sanitary District's franchisee for integrated waste management.

"Contractor" means any individual, group, or organization that has a contract with the City for work or improvement to be performed, for a franchisee, concession, for grant monies, goods and services, or supplies to be donated or to be purchased at City expense.

"Food Vendor" means any establishment located within the City of San Leandro, or any establishment which provides prepared food or beverages within the City for public consumption on or off its premises and includes, but is not limited to, any store, shop, sales outlet, restaurant, bar, pub, coffee shop, cafeteria, caterer, convenience store, liquor store, grocery store, supermarket, delicatessen, mobile food preparation truck or vehicle, roadside stand, or any other person who provides prepared food; and any individual, group, or organization which regularly provides food as part of its services.

"Food service ware" means single-use disposable products used in the restaurant and food service industry for serving or transporting prepared food and includes, but is not limited to, plates, cups, bowls, trays, and hinged or lidded containers. This definition does not include single-use straws, drink lids or utensils.

"In association with" means any combination of food service ware with any form of prepared food for the purposes of containment, consumption, or display to promote consumption.

"Prepared food" means any food or beverage prepared for consumption on or off a premises or lands using any cooking or food preparation technique, or any raw foods provided for consumption without requiring further food preparation. Prepared food does not include uncooked meat, fish, poultry, or eggs unless provided for consumption without further food preparation.

"Person" means an individual, business, event promoter, trust, firm, joint stock company, corporation, non-profit, governmental entity, partnership, or association.

"Polystyrene foam" means the thermoplastic petrochemical material utilizing the styrene monomer, which may be marked with resin symbol #6, processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusionblow molding (extruded foam polystyrene). Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons.

"Recyclable" means any material that is accepted by the City recycling program, including, but not limited to, paper, glass, metal, cardboard, and plastic that can be recycled, salvaged, processed, or marketed by any means other than landfilling or burning whether as fuel or otherwise, so that they are returned to use by society. For the purposes of this article, recyclable plastic does not include polystyrene foam labeled with resin symbol #6.

(a) The following are prohibited from using polystyrene foam food service ware in association with prepared food:

(1) Food vendors;

(2) City departments; and

(3) Contractors that serve any City facility.

(b) Food vendors, City departments, and contractors that serve any City facility are prohibited from using polystyrene foam food service ware in association with prepared food at any City-sponsored event.

WARE.

(a) Notwithstanding the provisions of section 3-8-225, the following are required to use compostable or recyclable food service ware in association with prepared food:

(1) Food vendors;

(2) City departments; and

(3) Contractors that serve any City facility.

(b) Notwithstanding the provisions of Section 3-8-225, food vendors, City departments, and contractors that serve any City facility are required to use compostable or recyclable food service ware in association with prepared food at any City-sponsored events.

(a) Food vendors that are currently existing or are established in the City by the effective date of the ordinance codified in this Article will be exempted from the provisions of this Article prohibiting the use of polystyrene foam food service ware for a period of time to be determined by the City Manager on a case-by-case basis for undue hardship. Undue hardship includes, but is not limited to, situations unique to the food vendor not generally applicable to other persons in similar circumstances.

(b) Prepared foods prepared and packaged outside of the City of San Leandro and prepared
foods prepared and packaged in the City of San Leandro for use outside of the City of San
Leandro are excluded from the provisions of this Article. Purveyors of food prepared and
packaged outside the City of San Leandro are encouraged to follow these provisions in
accordance with the City's stated policy goal to eliminate the use of polystyrene foam food
service ware in all possible applications.

(c) Retailers, wholesalers and suppliers of polystyrene foam food service ware within the City
of San Leandro are excluded from the provisions of this Article, but are encouraged to
promote the sale, purchase, and use of compostable and recyclable food service ware
options in San Leandro in accordance with the City's stated policy goal to eliminate the use
of polystyrene foam food service ware in all possible applications.

(d) Emergency supplies or services procurement: Food vendors, City departments, City
facilities, and contractors shall be exempt from the provisions of this Article, in a situation
deemed by the City Manager to be an emergency for the immediate preservation of the
public peace, health or safety.

(a) The Public Works Services Director, or the Director's designee, shall have the primary responsibility for enforcement of this Article. If the Director or designee determines that a violation of this Article has occurred, he or she shall issue a written warning notice to the food vendor that a violation has occurred. Subsequent violations of the Article by a food vendor shall be subject to the enforcement and penalties set forth below.

(b) Any violation of this Article that occurs after the issuance of a written warning to a food vendor is subject to an administrative citation pursuant to Article 1-12-400 et seq., of the San Leandro Municipal Code.

(c) The San Leandro City Attorney may seek legal, injunctive, or any other relief to enforce the provisions of this Article.

This Article shall take effect on November 1, 2012.