Loading...
HomeMy WebLinkAboutReceived during oral communications PssaLga la\ la 1 mo t bir„r or, ■ cam m.an+cafon • Pia Hirsch's Seal Beach City Council Package # Name 1 Anti-Pollution Pandas' Letter to restaurants in Seal Beach 2 Manhattan Beach Municipal Code, Chapter 5.80 Prohibition on the I and Sale of Certain Polystyrene Products 3 Manhattan Beach's Letter to Businesses about Prohibition on Polys 4 Webstaurant website_200 foam boxes for $13.83 5 Webstaurant website _200 sugarcane boxes for $28.94 C,OO\- �C \\.0 0(-100 6c3'mo-iI. C°f ) September 28, 2016 Dear Manager/Owner: Hello, we are the Anti-Pollution Pandas! Lately, we have been concerned about the single-use plastic items that are being distr by the restaurants on Main Street in Seal Beach. Single-use iten most common plastic found in the San Gabriel River and our loc oceans. We are asking you to please come up with a solution to reduce I single-use items you give out to customers. Any ideas are encouraged. We would be happy to meet with you to come up w some environmentally friendly alternatives. Thank you for your time. Cloteginsck AqQA\ PANONW\K Pia Hirsch & Avery Yanasheski anti.pollution.pandas @gmail.com • MANHATTAN BEACH MUNICIPAL CODE Codified through Ordinance No. 15-0037U, passed December 1, 2015. Chapter 5.80 - PROHIBITION ON THE DISTRIBUTION AND SALE OF CERTAIN POLYSTYRENE PRODUCTS Sections: 5.80.010 - Purpose. The purpose of this chapter is to regulate the use of polystyrene products in order to protect the health of Manhattan Beach citizens and promote environmentally sustainable practices in the City. (§ 2, Ord. 13-009, adopted September 10, 2013, as amended by § 3, Ord. 14-0003, eff. May 2, 2014) 5.80.020 - Definitions. As used in this chapter, unless the context otherwise clearly indicates, the words and phrases are defined as follows: "City facility" means any building, structure, property, park, open space, or vehicle, owned or leased by the City, its agents, agencies, or departments. "City contractor" means any person that enters into an agreement with the'City to furnish products or services to or for the City. "City-sponsored event" means any event, activity or meeting organized or sponsored, in whole or in part, by the City or any department of the City. "Disposable Food Service Ware" or "disposables" means single-use, disposable products used for serving or transporting prepared food, including but not limited to plates, bowls, trays, wrappers or wrapping, platters, cartons, condiment containers, cups or drink ware, straws, lids, utensils, or any other container in or on which prepared foods are placed or packaged for consumption. "Food provider" means any person or place that provides or sells prepared food within the City to the general public to be consumed on the premises or for take-away, consumption. Food provider includes but is not limited to: (1) a grocery store, supermarket, restaurant, drive- thru, café, coffee.shop, snack shop, public food market, farmers' market, convenience store, or similar fixed place where prepared food is available for sale on the premises or, for take-away consumption, and (2) any mobile store, food vendor, caterer, food truck, vending machine or similar mobile outlet. Food provider also includes any organization, group or 'individual that regularly provides prepared food to its members or the general public as a part of its activities or services. "Person" means any person, business, corporation, or event organizer or promoter; public, nonprofit or private entity, agency or institution; or partnership, association or other organization or group, however organized. "Polystyrene" means a thermoplastic petrochemical material utilizing the styrene monomer, including but not limited to polystyrene foam or expanded polystyrene; processed by Page 1 • any number of techniques, including but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, or extrusion-blow molding (extruded foam polystyrene), and clear or solid polystyrene (oriented polystyrene). The recycle code for polystyrene is "6" or "PS," either alone or in combination with other letters. This definition applies to all polystyrene food service ware, regardless of whether it exhibits a recycle code. "Polystyrene cooler" means any cooler or ice chest made of polystyrene foam, where such foam is not fully encased in another material. "Polystyrene food service ware" means disposable food service ware that contains or utilizes polystyrene. "Prepared food" means any food or beverage that is: (1) ready to consume without any further food preparation, alteration or repackaging; and (2) prepared, provided, sold or served by a food provider using any cooking, packaging or food preparation technique. Prepared food may be eaten either on or off the food provider's premises. Prepared food does not include: (1) any raw uncooked meat, poultry, fish or eggs, unless provided for consumption without further food preparation, and (2) fresh produce provided for consumption without food preparation or repackaging, including fruits, vegetables, and herbs, sold by grocery stores, supermarkets, food markets, farmers' markets and other food vendors. "Recycle code" means a resin identification code placed on plastics to identify the material composition for separation of different types of plastics for recycling. (§ 2, Ord. 13-009, adopted September 10, 2013, as amended by § 4, Ord. 14-0003, eff. May 2, 2014) 5.80.030 - Prohibition against use of polystyrene food service ware. A. No food provider shall distribute or sell any polystyrene food service ware in conjunction with the sale of prepared food at any location within the City. B. Food providers that distribute prepared food in disposable food service ware shall: (1) distribute only disposables that exhibit a recycle code other than No. 6 or PS, and (2) maintain documentation about the composition of the disposable food 'service ware. Documentation may include information from the supplier, manufacturer, or bulk packaging for the disposables, and any other relevant information demonstrating that the disposable material is not polystyrene. C. No Person shall distribute or sell prepared food in any polystyrene food service ware. at City facilities that have been rented, leased or are otherwise being used with permission of the City. This subsection is limited to use of City facilities for which a person has entered • into an agreement with the City to rent, lease or otherwise occupy a City facility. All facility rental agreements for any City facility shall include a provision requiring contracting parties to assume responsibility for preventing the utilization and/or distribution of polystyrene food service ware while using City facilities. The facility rental agreement shall indicate that violating contractor's security deposit will be forfeited if the City Manager or his designee determines that polystyrene food service ware was used in violation of the rental agreement. D. No Person shall use or distribute polystyrene food service ware at City-sponsored events, City-managed concessions and City meetings open to the public. This subsection shall apply to the function organizers, agents of the organizers, city contractors, food providers Page 2 and any other person that enters into an agreement with one (1) or more of the function sponsors to Sell or distribute prepared food or otherwise provide a service related to the function. E. The City, its departments, and its city contractors, agents, and employees:acting in their official capacity, shall not purchase: or acquire polystyrene food service ware, or distribute it for public use. F. All food providers required by this code to have a business license shall certify compliance with this chapter on the annual business license renewal application. (§2, Ord. 13-009, adopted September 10, 2013, as amended by § 5, Ord. 14-0003, eff. May 2, 2014) 5.80.035 - Prohibition against sale of polystyrene food service ware and polystyrene coolers. No person shall sell any polystyrene food service ware or polystyrene cooler at any location within the City. (§ 6, Ord. 14-0003, eff. May 2, 2014) 5.80.040 - Exemptions. A. The following are exempt from the provisions of this chapter: 1. Food prepared or packaged outside of the City, provided such food is not altered, packaged or repackaged within the City limits. 2. Coolers and ice chests, other than those defined as polystyrene coolers in this chapter. 3. Food brought by individuals for personal consumption to City facilities; including but not limited to City parks and the beach, provided the City facility is being used for individual recreation or similar purposes and such facility use is not part of a larger organized event that is otherwise governed by Section 5.80.030. B. Food providers that are obligated to purchase or have purchased polystyrene food service ware under a contract entered into within the year prior to the operative date of the ordinance codified in this chapter are exempt from the provisions of this chapter for six (6) months following its operative date. C. The City Manager or his/her designee may exempt any person from Section 5.80.30 following the operative date of the ordinance codified in this chapter, as follows: 1. A request for an exemption shall be filed in writing with the City Manager or his/her designee and shall include documentation of the reason for the claimed exemption and any other information necessary for the City to make its decision. The City may require the applicant to provide additional information as necessary; to make the required determinations. 2. The City Manager or his/her designee may approve the exemption for ,maximum of one (1) year, with or without conditions, upon finding that compliance would create an undue hardship. Undue hardship shall be construed to include but not be limited to situations where: Page 3 . a. There are no reasonable alternatives to polystyrene food service ware for reasons that are unique to the applicant; or b. Compliance with the requirements of this chapter would deprive a person of a legally protected right. The exemption may be extended for additional terms of up to one (1) year each, upon a showing of the continuation of the legal',right. 3. The City Managers written decision on the exemption is effective within ten (10) days of the decision. Decisions of the City Manager may be appealed by the Person . applying for the exemption to the City Council. Appeals shall be filed in writing with the City Clerk within ten (10) days of the decision and shall be accompanied by a fee set by resolution of the City Council. Notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing. The City Council shall make its decision within sixty (60) days of receiving the appeal. (§ 2, Ord. 13-009, adopted September 10, 2013), as amended by § 7, Ord. 14-0003, eff. May 2, 2014) 5.80.045 - Certification of compliance. All businesses that are subject to this chapter shall certify compliance with this chapter on the annual business license renewal application. (§ 8, Ord. 14-0003, eff. May 2, 2014) 5.80.050 - Infraction. In addition to any other applicable civil or criminal penalty, any person convicted of a violation of this chapter is guilty of an infraction, which is punishable pursuant to the penalty provisions set forth in Chapter 1.04 of this Code. (§ 2, Ord. 13-009, adopted September 10, 2013) Footnotes: • --- (1) --- Editor's note—Ord. No. 14-0003, § 2, adopted April 1 ; 2014, renamed Chapter 5.80, prohibition on the distribution and use of prepared food in polystyrene food service ware, as prohibition on the distribution and sale of certain polystyrene products. Ord. Na 13-009. § 2, adopted September 10, 2013, amended Chapter 5.80 in its entirety to read as herein set out. Former Chapter 5.80, §§ 5.80.010-5.80.040, pertained to prohibition on use of polystyrene plastic products by takeout food vendors, and derived from Ord. No. 17782, eff. October 20, 1988. Located at: https://www.m unicode.com/library/ca/manhattan_beach/codes/code_of_ordi nances?node ld=Tl T5SAHE_CH5.80PRDISACEPOPR Page 4 or I4 I� PA qy i 1 �•�F �7 O • 4 u( 0 ils ; City Hall 1400 Highland Avenue Manhattan Beach, CA 90266-4795 ,'� . / Telephone(310) 802-5000 FAX (310) 802-5001 TDD:(310) 546-3501 0 �gtrFOeN`,;or May 1, 2014 ...,,c?.' .� m0 y Dear Manhattan Beach Business Owner and Manager: As you are aware, the City of Manhattan Beach has adopted a polystyrene ordinance and plastic bag ordinance to reduce pollution to our marine environment. Amendments to these items were approved by City Council on April 1, 2014, with a period of 31 days before the changes become effective.. However, the City is allowing a transition before on each ordinance. Details on the proposals are provided below. Please contact Sona Coffee at scoffee a.citymb.info or 310-802-5341 with any questions. Current Polystyrene Ordinance (Enforceable on April 10, 2014) As of October 10, 2013, all food vendors must comply with Ordinance No. 13-0009 to ensure that food service ware containers provided to customers are not made from polystyrene. The current ordinance became enforceable on April 10, 2014, and businesses will need to indicate their compliance with the requirements of the existing ordinance on the annual business license renewal application. Ordinance 14-0003: Adopted Amendments to Polystyrene Ordinance (Enforceable on October 1, 2014) In an effort to protect our coastal environment and public health, City Council requested additional items be included in the existing polystyrene ordinance. To ensure that all food service materials are recyclable or compostable, the following items were approved for inclusion in the polystyrene ordinance (in addition to the food service ware containers and cups already prohibited): - Prohibition on ice coolers, straws, cup lids and utensils made from polystyrene materials - Prohibition on the sale of polystyrene food service materials in local retail stores Products made from alternative plastics, or compostable and recyclable materials, are available as replacements for these products. Should any business have difficult in identifying alternative products, Staff will be available to assist in finding the alternative products. The amendments to the polystyrene ordinance become effective on May 2, 2014, but the City will not enforce the ordinance until October 1, 2014 to give businesses enough time to find alternative products that comply with the ordinance. Fire Department Address: 400 15TH Street, Manhattan Beach,CA 90266 FAX(310) 802-5201 Police Department Address: 420 15TH Street, Manhattan Beach, CA 90266 FAX (310) 802-5101 Public Works Department Address: 3621 Bell Avenue, Manhattan Beach, CA 90266 FAX(310) 802-5301 Visit the City of Manhattan Beach Web Site at www.citymh.info Ordinance No. 14-0004: Repeal of Plastic Bag Exemption for Restaurants • (Enforceable on June 15, 2014) In July 2008, the City adopted Ordinance No. 2115 prohibiting the distribution of plastic bags at the point-of-sale for all retail establishments. After lengthy litigation, the ordinance was upheld by the California Supreme Court in 2011. However, due to the threat of further litigation this ordinance was amended in 2012 to provide an exemption for restaurants in order to comply with California's Retail Food Code. It has since been determined that environmental regulations like plastic bag ordinances are not preempted by the Retail Food Code. Therefore City Council adopted an ordinance to remove the exemption of restaurants from the plastic bag ordinance. Restaurants in Manhattan Beach will have to comply with the requirements of the plastic bag ordinance, and replace the use of plastic bags with reusable bags or paper bags made with recycled content materials. Ordinance No. 14-0004 becomes effective as of May 2, 2014, but will not be enforced until June 15, 2014 to give restaurants additional time to transition away from plastic bags. Penalties for Non-compliance The City will work with each business to achieve compliance with the plastic bag and polystyrene ordinances to ensure the environmental protection of our community. I-Iowever, any business found in non-compliance with the City's ordinances will be subject to fines according to our Municipal Code. Each day that a violation occurs is considered a new and separate violation. City Staff will work with each business to find alternative products that meet business needs and comply with the ordinance. If heeded, written warnings will be issued at first, and if violations continue then the fine structure below will be implemented. Every violation determined to be an infraction is punishable by: - a fine not exceeding one hundred dollars ($100) for a first violation; - a fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year; and - a fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year If you have any questions regarding the amendments to the polystyrene or plastic bag ordinance, or enforcement of these ordinances, please contact Sona Coffee, the City's Environmental Programs Manager, at (310) 802-5341 or scoffee(d/citymb.info. We appreciate any comments or suggestions you might have. Sincerely, Tony OCnos Tony Olmos,Public Works Director (310) 802-5313 W. bstaurantStores „ Q•l r 4 a, _ '. _ - SEdNW BTtfMtWVCi:CaTEfipNY,eRnutNFnGiUR.T -. _ _ n s n .._ __ .«r _ z — Restaurant 1 Storage& - I ' I�_ Washing-8/` 1 Restaurant 1 - ` (I Janitorial Business 4 Smallwares - Tabletop Uis_posables- fumiture ,^ it Consumables'.' Eympmen( �t - Transport '� ` Laundry. - ' Dmnerv✓arc �+. • SuPRlies .I type . t. III•s ' 1E6 qy1 85HT2R 8'.8'a 3 White Foam ThreeCompGiimeai Square Take Our Container with Performed Hinged Lid, Web,teUranbtore r OGDOeaCID' . FOem ROCtkr'i Foam Hin eq Take{?ut GOntetinari > v!'tiie:FDem Hn ea Ta4u^ODt Cattelne7s > "PanSOb 2001Case. --- I e Dartr85HT3R 8" 8" x 3'=,White Foam,Three-Cor`ripartment' Square Take Out Container with•'Perforated •J Hinged laid - 200/Case _ - r -•item::-30185Hi3R- MFR a•g5HT3R - - ., - e - _• ' M :.L I R`. °'1 I ;i Buy In lotsof9: • • 83/Case . ppq ,44, n 4- ! :I' Buy 3-8 $14.21/ease ,'. d It „� ° - 1 � _ 7, . ,_.� Regularly: • $ 4.49icase �+��`r f � �#s • • i 'ADD,TO CART 4 ! t ! 8 M� t " F '.A 5---Se--(7,-,.- Other Available Colors: =®a ca i 'e�l 1s- SF�°- .% sus roma saver orta_ ,# a �`- _ - •'-- _ _F -ARESHI g LOGIN L4 REGISTER . ...-._ tzvaeen sr TODAY- _" 4, ' " �. FAST _ - �y� WAREHOUSES FOR '- . - x s- a _ _ _ eft—( ERPPINGI .i _ _ _ ,.� �1i ";..�'°___ - - _ . ._. - - . . • Webstaur-antStore 1 1. . �SEARCH av PRODUCT.CATEGORY.OR MANUFACTURER. • •Restaurant Sin. - tes Storage8 es Tabletop D$posables Femiture� - -- _ 'uJ& I Restaurant } Consumables' 1 -brut 1 Buvitess �� Washt Egwpmmt Transport ;� '� ` � ,Laundry Dmnenvare I Supplies -Type J. • Webaaurant8tue > ,Ltistwzabtea > Ohpowbli Take Ow COmalne^, f rood 5<vice T a Out Con:aintts T Paper Take-Out Bares Rated COnartsers.min Snack Bores ) E:_c-FrleMry.elodegradabieSCambbi:ab'x Paper take-Out COO:/anon > Ecocnoice 8 T.8'..3-Biodegradable.Compostable Sugarcane I Bagasse I Compartm nt Takeout Bon-200/Case EcoChoice 8" x 8" x 3° Biodegradable, Compostable-Sugarcane / Bagasse 1 Compartment Takeout Box - 200/Case Ite r 39510881 N. Buy 10 or more d z 4 $28.94/Case c p g � ,-'J � �,s r ,� { E r Jrl'4 f Buy 3- 9 $3O.27/cese %�' _ t- k .F,,� � guy 1• 2 $31.49/case � s" .y a "4?_ Dy' -r kt/'1 i-_ C d 1 -• ADD TO CART' `s '6. i -a''°G��- Kam./-" - . ft' t : r' '" ; it s* !/� y k yt,♦4. WI:h List RaWd Reorder ,y fi =vim K 4c, /y�/, ` Le ".. ^4 i • - 9 A" - -.fir}. .. t - $ { F' A f� -� ,jjrck Overall User Rating �, ;7:4--,),rrrp, t a " .x (: ,r"`4^y from 3revlews , Y.-a `T+ "+ lire .r "- - - I fl, '!a"i r. 4M-:° ' '��ke -,`6-'- ` -- ',-4-'-" 'St? • % ✓Made of environmentally friendly bagasse