HomeMy WebLinkAboutOrd 803 ORDINANCE NO. 803
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY CALIFORNIA ADDING CATHEDRAL
CITY MUNICIPAL CODE CHAPTER 5.92 REQUIRING
HEALTHY BEVERAGES TO BE THE DEFAULT
BEVERAGE OFFERING BY RESTAURANTS FOR
CHILDREN'S MEALS
WHEREAS, the City Council of Cathedral City desires to promote healthy meal
options for families and contribute to building a healthier community; and
WHEREAS, families in the City of Cathedral City often have limited time and
options to shop for and prepare healthy food, making dining out appealing and sometimes
necessary option; and
WHEREAS, in the City of Cathedral City, according to a study performed by the
California Center for Public Health Advocacy in 2010, 42.1 percent of children are
overweight and obese; and
WHEREAS, a 2013 study of the most profitable fast food restaurant chains in the
U.S found that only three percent (3%) of the assessed meal combinations met the expert
nutrition standards for children's meals; and
WHEREAS, obesity related health conditions include type 2 diabetes, heart
disease, stroke, high blood pressure, high cholesterol, certain cancers, asthma, low self-
esteem and depression, according to the U.S. Department of Health and Human Services
and the Centers for Disease Control and Prevention; and
WHEREAS, obesity related health conditions have serious economic costs, with a
2006 study commissioned by the California Center for Public Health Advocacy estimating
that the total annual health care costs attributed to overweight and obesity related health
conditions in Riverside County neared 443 million dollars; and
WHEREAS, sugary drinks including soda, energy and sports drinks, sweetened
water and fruit drinks, provide the largest source of daily calories in the diets of American
children ages two to 18. Each extra serving of a sugar sweetened beverage consumed a
day increases a child's chance of becoming obese by 60 percent; and
WHEREAS, the City Council of the City of Cathedral City believes that limiting the
sugary beverages offered with children's meals will contribute to the overall health and
well-being of the City of Cathedral City; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY
DOES ORDAIN AS FOLLOWS:
SECTION 1. Amendment of Cathedral City Municipal Code.
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A new Chapter 5.92 (Children's Meals) is hereby added to the Cathedral City Municipal
Code to read as follows:
"Section 5.92.010 — Definitions.
For the purposes of this Chapter, the following words and phrases shall have the following
meanings:
(1) "Children's meal" means a combination of food items, or food item(s) and a
beverage, sold together at a single price, primarily intended for consumption
by children.
(2) "Restaurant" means a food establishment that serves food to customers for
consumption on or off the premises, including fast food and full service
dining establishments. It includes, but is not limited to, drive-through or walk
up counters, coffee shops, cafes, pizza parlors, and dine in establishments.
A restaurant, for purposes of this Chapter, may provide alcoholic beverage
sales for drinking on premises provided that such sales are ancillary to food
service.
(3) "Default beverage" means the beverage automatically included or offered
as part of a children's meal, absent specific request by purchaser of the
children's meal for an alternative beverage.
Section 5.92.020— Default Beverages In Children's Meals.
A. A restaurant that sells a children's meal that includes a beverage shall make the
default beverage offered with the children's meal one of the following:
(1) Water, sparkling water, or flavored water, with no added natural or artificial
sweeteners.
(2) Milk or non-dairy milk alternatives, such as soy milk or almond milk.
B. Nothing in this Section prohibits a restaurant from selling, or a customer from
purchasing, a substitute or alternative beverage instead of the default beverage offered
with a children's meal, if requested by the purchaser of the children's meal.
C. All restaurants shall complete an initial self-certification certifying whether they
offer children's meals and if so, certifying that they comply with the provisions of this
Section. Subsequently, restaurants that sell children's meals shall complete an annual
self-certification, certifying that they comply with the provisions of this Section, as may be
modified from time to time at the discretion of the City.
Section 5.92.030 — Enforcement
In addition to all other available remedies at law, this Chapter shall be enforceable through
the use of administrative citation procedures set forth in the Cathedral City Municipal code
Chapter 13.60.
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Section 5.92.040 — Construction.
This Chapter shall be construed so as not to conflict with applicable federal or state
laws, rules or regulations. Nothing in this Chapter authorizes any City agent to impose
any duties or obligations in conflict with limitations on municipal authority established by
federal or state law."
SECTION 2. Effective Date.
This Ordinance shall be effective 30 days from and after its final passage.
SECTION 3. Inconsistencies.
To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict
with the terms or conditions of any prior City ordinance, motion, resolution, rule or
regulation governing the same subject, the terms of this Ordinance shall prevail with
respect to the subject matter thereof.
SECTION 4. Interpretation.
In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be
interpreted in a manner that effectively accomplishes its stated purposes.
SECTION 5. Severability.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, then such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of Cathedral City hereby
declare they would have adopted this Ordinance, and each section, subsection,
subdivision, sentence, clause, phrase, orportion thereof, irrespective of the fact that
anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
SECTION 6. Publication.
The City clerk is authorized and directed to cause this Ordinance to be published within
fifteen (15) days after its passage in a newspaper of general circulation and circulated
within the City in accordance with Government Code Section 36933(a) or, to cause this
Ordinance to be published in the manner required by law using the alternative summary
and pasting procedure authorized under Government Code Section 39633(c).
INTRODUCED at the regular meeting of Cathedral City City Council on the 25th day of
October, 2017.
APPROVED AND ADOPTED this 8t" day of November 2017, by the following vote:
Ayes: Council Members Aguilar and Kaplan; Mayor Pro Tem Pettis
Noes: Council Member Carnevale; Mayor Henry
Abstain: None
Absent: None
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Stanley E. Henry, Mayor
ATTEST: APPROVED AS TO FORM:
Gary F. Ho ell, City Clerk Eric S. Vail, City Attorney
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