Chapter 5.05
BOTTLED BEVERAGES AND PACKAGED WATER
Sections:
5.05.020 Packaged water at city events and on city property.
5.05.030 Bottled beverages at city events and on city property.
5.05.040 Use of city funds for purchase of bottled beverages and packaged water.
5.05.070 Enforcement and penalties.
5.05.010 Definitions.
For purposes of this chapter, the following terms shall have the following meanings:
A. “Bottled beverage” means drinking water, sparkling water, enhanced water, soda, sport drinks, juice, or other similar product in a rigid plastic bottle having a capacity of one liter or less, and intended primarily as a single-service container.
B. “Bottled water” means drinking water in a sealed rigid plastic bottle having a capacity of one liter or less.
C. “City facility” means any building, structure, park or vehicle owned or leased and operated by the city of Solana Beach.
D. “City funds” means all monies or other assets received and managed by, or which are otherwise under the control of, the treasurer, and any notes, bonds, securities, certificates of indebtedness or other fiscal obligations issued by the city of Solana Beach.
E. “City property” means real property, including any buildings thereon, owned or leased by the city of Solana Beach and in the city of Solana Beach’s possession or in the possession of a public or private entity under contract with the city of Solana Beach to perform a public purpose, including but not limited to public beaches and parks. “City property” includes a “city street.”
F. “City street” means the public right-of-way owned by the city, including any area across, along, on, over, upon, and within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalks, streets, and ways within the city.
G. “Mineral water” means drinking water containing more than 500 milligrams per liter of total dissolved solids and/or one or more chemical constituents in excess of the concentrations listed in the Federal Bottled Water Quality Standards (Title 21 Code of Federal Regs., Sec. 165.110).
H. “Packaged water” means drinking water in a sealed box, bag, rigid plastic bottle or other container intended primarily for single service use and having a capacity of one liter or less. This definition specifically excludes aluminum cans and glass bottles.
I. “Participant athletic event” means an event in which a group of people collectively walk, jog, run, bicycle or otherwise participate in a sport or similar activity on city property.
J. “Rigid plastic bottle” means any formed or molded container comprised predominantly of plastic resin, having a relatively inflexible fixed shape or form, having a neck that is smaller than the container body, and intended primarily as a single service container. “Rigid plastic bottle” includes compostable plastic bottles meeting these criteria.
K. “Water” includes: natural spring or well water; water taken from municipal or private utility systems or other sources; distilled, deionized, filtered, or other purified water; or any of the foregoing to which chemicals may be added. “Water” does not include: mineral water; carbonated or sparkling water; soda, seltzer, or tonic water; or flavored water, also marketed as fitness water, vitamin water, enhanced water, energy water, or other similar products. “Water” does not include those food ingredients that are listed in ingredient labeling as “water,” “carbonated water,” “disinfected water,” or “filtered water.” (Ord. 504 § 3, 2019)
5.05.020 Packaged water at city events and on city property.
A. The sale and distribution of packaged water at any city facility, including events held through rentals or leases, is prohibited.
B. The sale and distribution of packaged water at any event held on city property, including a city street, and including events held through rentals or leases, is prohibited.
C. All new, renewed, and amended leases, permits or other agreements awarded by the city allowing any person to use city property or operate a mobile food facility shall require compliance with the prohibition.
D. The above subsections A, B and C of this section shall go into effect May 1, 2020.
E. The above subsections A, B and C of this section shall not apply to restrict the sale and distribution of water in aluminum cans or glass bottles. (Ord. 504 § 3, 2019)
5.05.030 Bottled beverages at city events and on city property.
A. The sale and distribution of bottled beverages at any city facility, including events held through rentals or leases, is prohibited.
B. The sale and distribution of bottled beverages at any event held on city property, including a city street, and including events held through rentals or leases, is prohibited.
C. All new, renewed, and amended leases, permits or other agreements awarded by the city allowing any person to use city property or operate a mobile food facility shall require compliance with the prohibition.
D. The above subsections A, B and C of this section shall go into effect November 1, 2020. (Ord. 504 § 3, 2019)
5.05.040 Use of city funds for purchase of bottled beverages and packaged water.
A. Effective May 1, 2020, no city officer, department or agency (collectively, department) shall use city funds to purchase plastic bottled beverages or packaged water for its own general use. A department may use city funds to purchase those products for uses specifically exempted from or allowed under this chapter.
B. The above subsection A of this section shall not apply to restrict the purchase of water in aluminum cans or glass bottles. (Ord. 504 § 3, 2019)
5.05.050 Exclusions.
A. The provisions of SBMC 5.05.020 and 5.05.030 shall not apply:
1. When the city manager finds that relying on bottled water, packaged water or bottled beverages is necessary in a given situation to protect the public health, safety and welfare, and no reasonable alternative to packaged water will serve the same purpose; or
2. To emergencies; or
3. To the distribution of bottled beverages to participants of a participant athletic event. (Ord. 504 § 3, 2019)
5.05.060 Implementation.
A. The city manager or his or her designee may waive the provisions of this chapter in full or in part if:
1. The event sponsor or lessee demonstrates a feasibility based hardship; or
2. The event sponsor or lessee demonstrates compliance is unreasonably financially prohibitive; or
3. The event sponsor or lessee demonstrates that strict application of the specific requirement would create an undue hardship, or practical difficulty, not generally applicable to other persons in similar circumstances, and good cause is shown.
B. A person seeking a waiver under subsection A of this section must submit a written application on a form approved by the city manager. The city manager may require the applicant to submit additional information or documentation to make a determination regarding the waiver requested. The city manager shall review requests for waivers on a case-by-case basis, and may grant the waiver in whole or in part, with or without conditions, for a period of up to 12 months. An applicant for renewal of a waiver must apply for a new waiver period no later than 60 days prior to the expiration of the then-current period to preserve a continuous waiver status. The city manager shall review each application anew and base his or her determination on the most current information available. Waiver determinations are effective immediately, final and not appealable. The city council may by resolution establish a fee for waiver determinations in an amount sufficient to cover the costs to administer the application. (Ord. 504 § 3, 2019)
5.05.070 Enforcement and penalties.
A. The city manager, or his or her designee, is authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this chapter.
B. Any person violating this chapter shall be guilty of an infraction, which shall be punishable by a fine in accordance with Chapter 1.16 SBMC, or a misdemeanor, which shall be punishable by a fine not exceeding $1,000, or by imprisonment in the county jail for a period not exceeding six months or by both such fine and imprisonment. In addition to criminal fines, any person violating this chapter shall also be subject to civil penalties or administrative fines or both under Chapters 1.16 and 1.18 SBMC.
C. The city attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.
D. Administrative enforcement of this chapter shall proceed pursuant to Chapter 1.18 SBMC.
E. Each violation of this chapter shall be considered a separate offense.
F. The remedies and penalties provided in this section are cumulative and not exclusive, and nothing in this chapter shall preclude any person from pursuing any other remedies provided by law.
G. Notwithstanding any other provision of this chapter, this chapter may be enforced through any remedy as provided for in this section upon its effective date. (Ord. 504 § 3, 2019)