Stockton Municipal Code Ch. 5.70 Default Beverages Offered with 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 Stockton and to combat the childhood obesity epidemic by limiting the beverages offered in meals targeted to children and youth to healthy choices.

(Ord. 2016-06-07-1502 § II)

For purposes of this chapter, the following words and phrases shall have the following meanings:

Children's Meal.

A combination of food items, or food item(s) and a beverage, sold together at a single price, primarily intended for consumption by children.

Restaurant.

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 on premises provided that such sales are ancillary to food service.

Default beverage.

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. 2016-06-07-1502 § II)

A. After the effective date of the ordinance codified in this chapter, 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 added natural or artificial sweeteners;

2. Milk or non-dairy milk alternatives.

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.

C. All restaurants shall complete an initial self-certification certifying whether they offer children's meals and if so, certifying that they comply with the provisions of this section. Subsequently, restaurants that sell children's meals shall complete an annual self-certification, certifying that they comply with the provisions of this section, as may be modified from time to time at the discretion of the City Council.

(Ord. 2016-06-07-1502 § II)

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 Stockton Municipal Code Chapter 1.32, Section 1.32.020.

(Ord. 2016-06-07-1502 § II)

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. 2016-06-07-1502 § II)