Number
190942
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. JOHNSON, BAUMAN, KOVAC, DODD, PEREZ, STAMPER, II, LEWIS AND RAINEY
Title
A substitute ordinance relating to the distribution of single-use, plastic beverage straws by food establishments and alcohol beverage establishments.
Section
68-32 cr
90-30.5 cr
Analysis
This ordinance prohibits food establishments and alcohol beverage establishments from providing single-use, plastic beverage straws to customers. Single-use means a product that is designed and intended to be used only once and is generally recognized by the public as an item that is to be discarded after one use.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 68-32 of the code is created to read:
68-32. Single-Use, Plastic Straws. 1. PROHIBITED. Effective April 14, 2020, no food establishment may provide any customer with a single-use, plastic straw, where “single-use” means a product that is designed and intended to be used only once and is generally recognized by the public as an item that is to be discarded after one use.
2. EXEMPTIONS. Subsection 1 shall not prohibit:
a. Prepackaged individual serving beverages where a small plastic straw is included in the packaging.
b. The provision of a plastic beverage straw to a customer upon request of a plastic beverage straw by the customer.
c. The provision of a plastic beverage straw to a customer receiving a viscous beverage, such as a milkshake or smoothie, that requires a large, durable straw, for which a non-plastic straw would not be suitable.
d. The provision of any other approved compostable straw as determined by the environmental sustainability director. The environmental sustainability director shall maintain a list of acceptable compostable straws.
Part 2. Section 90-30.5 of the code is created to read:
90-30.5. Single-Use, Plastic Straws Prohibited. 1. PROHIBITED. Effective April 14, 2020, no alcohol beverage establishment may provide any customer with a single-use, plastic straw, where “single-use” means a product that is designed and intended to be used only once and is generally recognized by the public as an item that is to be discarded after one use.
2. EXEMPTIONS. Subsection 1 shall not prohibit:
a. Prepackaged individual serving beverages where a small plastic straw is included in the packaging.
b. The provision of a plastic beverage straw to a customer upon request of a plastic beverage straw by the customer.
c. The provision of a plastic beverage straw to a customer receiving a viscous beverage, such as a milkshake or smoothie, that requires a large, durable straw, for which a non-plastic straw would not be suitable.
d. The provision of any other approved compostable straw as determined by the environmental sustainability director. The environmental sustainability director shall maintain a list of acceptable compostable straws.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB175008-2
Luke Knapp
09/30/2019