[HISTORY: Adopted by the Town Board of the Town of Southampton 12-18-2014 by L.L. No. 30-2014; amended in its entirety 2-12-2019 by L.L. No. 4-2019. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the indicated meanings:
BEVERAGE PROVIDER
Any business, organization, entity, group, or individual that offers liquid, slurry, frozen, semifrozen, or other forms of beverages to the public for consumption.
CHECKOUT BAG
A carryout bag that is provided to a customer at the point of sale. The term "checkout bag" does not include plastic produce bags or plastic bags measuring 28 inches by 36 inches or larger in size.
EXPANDED POLYSTYRENE
Blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene). Such term shall not include rigid polystyrene.
FOOD SERVICE ESTABLISHMENT
A premises or part of a premises where food is provided directly to the consumer, whether such food is provided free of charge or sold, and whether consumption occurs on or off the premises or is provided from a pushcart, stand or vehicle. Food service establishment shall include, but not be limited to, full-service restaurants, fast food restaurants, cafes, bakeries, delicatessens, take-out food stores, coffee shops, grocery stores, vending trucks or carts and cafeterias.
MANUFACTURER
Every person, firm or corporation that:
A. 
Produces expanded polystyrene or polystyrene loose fill packaging that is sold or distributed in the Town; or
B. 
Imports expanded polystyrene or polystyrene loose fill packaging that is sold or distributed in the Town.
MOBILE FOOD COMMISSARY
Any facility that:
A. 
Disposes of solid waste generated by the operation of a food service establishment that is located in or is a pushcart, stand or vehicle; or
B. 
Supplies potable water and food, whether prepackaged or prepared at the mobile food commissary, and supplies nonfood items.
PLASTIC PRODUCE BAG
A flexible container made of very thin plastic material with a single opening that is used to transport produce, meats or other items selected by the customers to the point of sale.
PLASTIC STIRRER
A device that is used to mix beverages, intended for only one-time use, and made predominantly of plastic derived from a petroleum polymer or a biologically based polymer, such as corn or other plant sources.
PLASTIC STRAW
A disposable tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, used to transfer a beverage from a container to the mouth of the person drinking the beverage. "Plastic straw" does not include a straw made from nonplastic materials, including, but not limited to, paper, pasta, sugar cane, wood, or bamboo.
POLYSTYRENE LOOSE FILL PACKAGING
A void-filling packaging product made of expanded polystyrene that is used as a packaging fill, commonly known as packing peanuts.
RECYCLABLE PAPER BAG
A paper bag that should have the following characteristics:
A. 
Is 100% recyclable overall; and
B. 
Displays the word "Reusable" or "Recyclable" on the outside of the bag.
RETAIL SALES
The transfer to a customer of goods in exchange for payment occurring in retail stores, sidewalk sales, farmer's markets, flea markets and restaurants. The term "retail sales" does not include sales of goods at yard sales, tag sales, other sales by residents at their home and sales by nonprofit organizations.
REUSABLE BAG
A bag with handles that is specifically designed and manufactured for multiple reuse and is:
A. 
Made of cloth or other fabric; and/or
B. 
Made of durable plastic that is at least 2.25 mils thick.
SINGLE SERVICE ARTICLES
Cups, containers, lids, closures, trays, plates, knives, spoons, stoppers, paddles, straws, place mates, napkins, doilies, wrapping materials, toothpicks and all similar articles that are intended by the manufacturer to be used once for eating or drinking or that are generally recognized by the public as items to be discarded after one use.
STORE
A retail or wholesale establishment other than a food service establishment.
A. 
Any person engaged in retail sales shall provide only reusable bags and/or recyclable paper bags as checkout bags to customers.
B. 
Nothing in this section shall preclude persons engaged in retail sales from making reusable bags available for sale to customers.
C. 
Operative date. The restriction set forth in § 212-2A shall become operative on April 22, 2015 (Earth Day), so as to allow retail establishments a period of time within which to dispose of their existing inventory of plastic checkout bags and convert to alternative packaging materials.
A. 
No food service establishment, mobile food commissary, or store shall possess, sell, or offer for use single service articles that consist of expanded polystyrene, including, but not limited to, providing food in single service articles or containers that consist of expanded polystyrene. This subsection shall not apply to:
(1) 
Expanded polystyrene containers used for prepackaged food that have been filled and sealed prior to receipt by the food service establishment, mobile food commissary, or store; or
(2) 
Expanded polystyrene containers used to store raw meat, pork, fish, seafood or poultry sold from a butcher case or similar retail appliance.
B. 
No manufacturer or store shall use or offer for sale polystyrene loose fill packaging or coolers made of expanded polystyrene in the Town.
C. 
The restrictions set forth in § 212-3A through B shall become operative on May 8, 2019, so as to allow retail establishments a period of time within which to dispose of their existing inventory of polystyrene items and convert to alternative packaging materials.
A. 
All food service establishments and beverage providers in the Town of Southampton shall provide straws and stirrers only upon request, except that stirrers may be provided to customers at self-service beverage stations.
[Amended 5-7-2019 by L.L. No. 14-2019]
B. 
All straws and stirrers provided shall be made of nonplastic materials.
C. 
In accordance with the Americans with Disabilities Act, food service establishments and beverage providers may possess up to 20 plastic straws for use only by persons who specifically require them.
D. 
Operative date. The restriction set forth in § 212-4A through C shall become operative on May 8, 2019, so as to allow retail establishments a period of time within which to dispose of their existing inventory plastic straws.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.