a.“Affordable alternative” means a compostable or recyclable product that costs up to 15 percent more than the purchase cost of the noncompostable or nonrecyclable alternative(s).

b.“ASTM standard” means meeting the standards of the American Society for Testing and Materials (ASTM) International Standards D6400 or D6868 for compostable plastics, as those standards may be amended.

c.“City” means the City of Monterey.

d.“City facility” means any building, structure or vehicle owned and operated by the City of Monterey, its agents, agencies, and departments.

e.“City contractor” means any person who has a contract with the City entered into after the operative date who provides prepared food while performing the contract.

f.“Compostable” means all the materials in the product or package will break down, or otherwise become part of usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner. Compostable disposable food service ware must meet ASTM standards for compostability and any compostable product containing a bioplastic or plastic-like material must be clearly labeled as compostable in accordance with California Public Resources Code Section 42357 et seq. and all State and Federal labeling laws pertaining to the identification of compostable products.

g.“Dine-in services” means prepared food provided to a customer for consumption on the provider’s premises.

h.“Dine-out services” means prepared food provided to a customer for consumption not on the provider’s premises.

j.“Disposable” means designed or intended for a single use or few uses, or not intended for reuse, in contrast with reusable products.

k.“Food provider” means any vendor located or providing food within the City which provides prepared food on or off its premises and includes without limitation any store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, food/catering truck or vehicle, including vendors located outside of the City when delivering prepared food into the City.

l.“Food service ware” means products used in the restaurant and food service industry for consuming, packaging, serving, and transporting ready-to-consume food and beverages, including, but not limited to, utensils, straws, beverage stirrers, plates, bowls, cups, cup lids, trays, boxes, clamshells, packaging, and containers.

m.“Operative date” means April 22, 2019.

n.“Person” means an individual, entity, business, event promoter, trust, firm, joint stock company, corporation, nonprofit, including a government corporation, partnership, or association.

o.“Plastic” means a material derived from either petroleum or a biologically based polymer, such as corn or other plant sources.

p.“Polystyrene foam” means and includes expanded polystyrene that 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, form molding, and extrusion-blow molding (extruded foam polystyrene). To include but not limited to polystyrene foam plate, bleached paperboard plate with low density polyethylene coating and bleached paperboard plate with polystyrene coating.

q.“Prepared food” means food or beverage prepared for consumption using any cooking or food preparation technique. This does not include any raw uncooked meat, poultry, fish or eggs unless provided for consumption without further food preparation.

r.“Recyclable” means any material that is accepted by the City or special district recycling program, including, but not limited to, paper, glass, aluminum, cardboard and plastic bottles, jars and tubs.

s.“Reusable” means designed or intended for more than a single use or few uses, or intended for reuse, in contrast to “disposable.”

t.“Special event participant” means a person providing prepared food at any special event (as that term is used in Article 1 of Chapter 32 of this code), regardless of size, sponsored by any person, commercial or nonprofit organization, group, or individual, which is held within the City of Monterey, regardless of whether the prepared food is prepared within or outside of the Monterey City limits.

u.“Straw” means a tube through which beverages, slurries, smoothies, and similar ingestible products may be ingested by the consumer. (Ord. 3590 § 5, 2018. Formerly 14-15)