§ 8.17.010. Definitions.

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

"ASTM standard" means meeting the standards of the American Society for Testing and Materials (ASTM) international standard D6400 or D6868 for biodegradable and compostable plastics, as those standards may be amended.

"Biodegradable" means compostable (separately defined) or the ability of organic matter to break down from a complex to a more simple form through the action of bacteria or to undergo this process.

"City facility" means any building, structure or vehicle owned and operated by the city of Morro Bay, its agents, agencies, and departments.

"City contractor" means any person or entity that enters into an agreement with the city to furnish products or services to or for the city.

"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). Compostable disposable food containers must meet ASTM standards for compostable materials.

"Disposable food container" is interchangeable with "to go" packaging and "food packaging material" and means all containers that are used to hold prepared food or drinks. Disposable food containers include clamshells, bowls, plates, trays, cartons, boxes, and cups that are intended for single use, including, without limitation, food containers for takeout foods and leftovers from partially consumed meals prepared by food providers; provided, that single-use disposable items such as straws, cup lids, or utensils and single-use disposable packaging for unprepared foods are not intended to be part of this definition.

"Events promoter" means each person who applies for any event permit issued by the city or any city employee(s) responsible for any city-organized event.

"Expanded polystyrene" or EPS means blown expanded and extruded polystyrene or other plastic foams which are processed by any number of techniques including, but not limited to, fusion of monomer spheres (expanded bead plastic), injection molding, foam molding, and extrusion-blown molding (extruded foam plastic).

"Expanded polystyrene products" means any item such as coolers, ice chests, cups, bowls, plates, trays, clamshell containers, meat trays, shipping boxes, packing peanuts or any other merchandise made from expanded polystyrene that is not wholly encapsulated or encased by a more durable material.

"Food provider" means any person or establishment located within the city that is a retailer of prepared food or beverages for public consumption including, but not limited to, any store, supermarket, delicatessen, restaurant, shop, caterer or mobile food vendor.

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

"Prepared food" means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared within the city. Prepared food does not include raw, butchered meats, fish or poultry sold from a butcher case or similar food establishment.

"Recyclable" means any material that is specified in the franchise agreement with the city's solid waste removal provider including, but not limited to, aluminum, tin and bi-metal cans, clear and colored glass containers, high density polyethylene (HDPE), polyethylene terephthalate (PET), clear or rigid polystyrene, corrugated cardboard and mixed paper.

"Vendor" means any person, retail store or business who sells or offers goods or merchandise, located or operating within the city, including those referenced in the definition of "food provider."

(Ord. No. 600, § 1, 2-9-16)