City of Madison, Wisconsin | Legislative Information Center
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File #: 56836    Version: Name: Regulate distribution of plastic straws
Type: Ordinance Status: Passed
File created: 7/30/2019 In control: Attorney's Office/Approval Group
On agenda: 2/4/2020 Final action: 2/4/2020
Enactment date: 5/13/2020 Enactment #: ORD-20-00019
Title: 3rd SUBSTITUTE Creating Section 23.62 and amending Section 1.08(3)(a) of the Madison General Ordinances to regulate the distribution of plastic straws and plastic stir sticks in the City of Madison and establish a bail deposit for violation thereof.
Sponsors: Syed Abbas, Grant Foster, Patrick W. Heck, Lindsay Lemmer, Sally Rohrer
Attachments: 1. 3rd Substitute, 2. 2nd Substitute, 3. Substitute, 4. Body, 5. 10/21/19 Chair_Co-Chair_DRC Letter.pdf, 6. EDC Presentation 8.21.19, 7. Quam Public Comment at EDC 8-21-19
Fiscal Note
The monetary penalty for a restaurant violating any provision of this proposed ordinance will be a fine of $25 for a first-time offense.
Title
3rd SUBSTITUTE Creating Section 23.62 and amending Section 1.08(3)(a) of the Madison General Ordinances to regulate the distribution of plastic straws and plastic stir sticks in the City of Madison and establish a bail deposit for violation thereof.
Body
DRAFTER'S ANALYSIS: Routinely, restaurants prepare drinks for dine-in customers and automatically put a plastic straw or plastic stir stick in the drink. Often, dine-in customers do not actually use the straw or stir stick, which, having already been placed in the drink, then must go to waste. The purpose of this ordinance is therefore to prevent this “involuntary” use of straws and stir sticks by prohibiting restaurants from preparing drinks with plastic straws or stir sticks for dine-in customers unless the dine-in customer expresses a desire to have a plastic straw or stir stick.

This ordinance is not meant discourage restaurants from having straws on site for customers who may wish to use them, including specifically for individuals with disabilities who may depend on straws to consume a beverage. To that end, this substitute clarifies that this ordinance does not prohibit restaurant staff from asking if dine-in customers want a plastic straw or stir stick or from leaving those items out for dine-in customers to take voluntarily. This substitute also reduces the fine for violations of this ordinance. Finally, this substitute delays the effective date of this ordinance to three-months after the enactment date in order to give restaurants time to implement any changes that may be required by the ordinance.

The City has the authority under Wis. Stat § 62.11(5) to enact an ordinance to prohibit or regulate the use of plastic straws, and that authority is not withdrawn by Wis. Stat § 66.0419, which prohibits municipalities from regulating the use o...

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