Chapter 15.60 — REGULATION OF FOOD PACKAGING

As used in this chapter, the following terms and phrases shall have the following meanings:

"Customer" shall mean anyone purchasing food or beverages from a restaurant or retail food vendor.

"Food packager" shall mean any person, located within the City of West Hollywood, who places meat, eggs, baked products, or other food in packaging materials for the purpose of retail sale of those products.

"Food packaging" shall mean all bags, sacks, wrapping, containers, bowls, plates, trays, cartons, cups, straws and lids which are not intended for reuse, on or in which any foods or beverages are placed or packaged on a restaurant's or retail food vendor's premises.

"Non-profit food provider" shall mean a recognized tax exempt organization which provides food as a part of its services.

"Person" or "anyone" shall mean any natural person, firm, corporation, partnership, or other organization or group however organized.

"Polystyrene" shall mean and include polystyrene foam which is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene). The term "polystyrene" also includes clear polystyrene known as "oriented polystyrene."

"Polystyrene food packaging" shall mean any food packaging which contains polystyrene foam or oriented polystyrene.

"Prepared food" shall mean food or beverages which are served on the vendor's premises without preparation or are prepared on the vendor's premises by cooking, chopping, slicing, mixing, brewing, freezing, or squeezing. Prepared food may be eaten either on or off the vendor's premises.

"Restaurant" shall mean any establishment located within the City of West Hollywood selling prepared food to be eaten on or about its premises by customers. "Restaurant" includes a sidewalk food vendor.

"Retail food vendor" shall mean all sales outlets, stores, shops, vehicles, or other places of business located within the City of West Hollywood which operate primarily to sell or convey foods or beverages directly to the ultimate consumer, which foods or beverages are predominantly contained, wrapped, or held in or on packaging. Retail food vendor shall include, but is not limited to: any place where food is prepared, mixed, cooked, baked, smoked, preserved, bottled, packaged, handled, stored, manufactured, and sold or offered for sale, including, but not limited to, any fixed or mobile restaurant; drive-in; coffee shop; cafeteria; short-order café; delicatessen; luncheonette; grill; sandwich shop; soda fountain; bed-andbreakfast inn; tavern; bar; cocktail lounge; night club; roadside stand; take-out prepared food place; industrial feeding establishment; catering kitchens; mobile food preparation unit; commissary; grocery store; public food market; produce stand; food stand; lunch wagon; hotels; 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,

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City of West Hollywood, CA § 15.60.010

WEST HOLLYWOOD CODE

§ 15.60.040

served, or provided for the public for charge.

"Retail vendor" shall mean any store, shop, sales outlet, or other establishment which sells food packaging.

(Prior code § 5800; Ord. 90-261 § 2, 1990)

No restaurant, retail vendor, food packager, retail food vendor, or non-profit food provider shall provide prepared food to its customers in any food packaging which utilizes polystyrene; or purchase, obtain, keep, distribute, sell for home or personal use, or give, serve, or otherwise provide to customers any food packaging which utilizes polystyrene. (Prior code § 5801; Ord. 90-261 § 2, 1990)

• a. Food items which are packaged outside the boundaries of the City of West Hollywood are exempt from the provisions of this chapter.

• b. The City Council, or its appointee, may exempt a retail food vendor, food packager or nonprofit food provider from the requirements of this chapter for a one-year period, upon a showing by the applicant that the conditions of this chapter would cause undue hardship. The phrase "undue hardship" shall be construed to include, but not be limited to:

  1. Situations where there are no acceptable alternatives to polystyrene food packaging for reasons which are unique to the retail food vendor, food packager, or non-profit food provider;

  2. Situations where compliance with the requirements of this chapter would deprive a person of a legally protected right.

• c. Coolers and ice-chests made of polystyrene which are intended for reuse are exempt from the provisions of this chapter.

• d. Food packaging required to be purchased under a contract entered into one year prior to the effective date of this chapter is exempt from the provisions of this chapter. This exemption will apply up to one year from the effective date of this chapter.

• (Prior code § 5802; Ord. 90-261 § 2, 1990)

• a. The City Manager or designee shall have primary responsibility for enforcement of this chapter. The City Manager or designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, inspecting any vendor's premises to verify compliance.

• b. Anyone violating or failing to comply with any of the requirements of this chapter shall be guilty of an infraction.

• c. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.

• d. The remedies and penalties provided in this section are cumulative and not exclusive of one

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City of West Hollywood, CA

ENVIRONMENTAL PROTECTION, POLLUTION AND

§ 15.60.040

§ 15.60.050

another.

(Prior code § 5803; Ord. 90-261 § 2, 1990)

Violations of this chapter shall be punishable as follows:

1. For the first violation, the City Manager or designee, upon a determination that a violation of this chapter has occurred, shall issue a written warning notice to the vendor or food packager which will specify the violation and the appropriate penalties in the event of future violations.

2. Thereafter, the following schedule shall apply:

   • A. A fine not exceeding $100 for the first violation after the warning notice is given in a one-year period;

   • B. A fine not exceeding $200 for a second violation after the warning notice is given in a one-year period.

• C. A fine not exceeding $500 for the third violation after the warning notice is given in a one-year period. Any violation of this chapter shall constitute sufficient grounds for the revocation, suspension, denial or non-renewal of a business license issued by the city, held by the violator for the location at which the violation occurs.

• (Prior code § 5804; Ord. 90-261 § 2, 1990)

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City of West Hollywood, CA § 15.64.010

ENVIRONMENTAL PROTECTION, POLLUTION AND

§ 15.64.020