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Wilmington, Del., Code of Ordinances § 5-2 (current through Apr. 11, 2019)
Brief Summary
This law requires restaurants that sell children's meals that include a beverages to make the default beverage offered with such meals either water with no added sweeteners, regular, low fat or fat-free milk (or non-dairy alternative), or 100% juice (or 100% juice combined with water) with no added sweeteners, in a serving size of no more than eight ounces.
Legal Strategies
Prohibits/discourages something.
Requires something, sets standards.
Reach
Community-wide
Food System Category: Distribute, Get
State: Delaware
Jurisdiction Type: City
Jurisdiction Name: Wilmington
Does the law refer to priority populations in some way?
Yes. See references to "children's meals." § 5-2.
Does the law refer to or suggest a goal related to improving or protecting health?
No.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
No.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
No.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. §.5-2 (a).
Does the law address implementation in some way?
Yes. "The department [of licenses] may issue rules and regulations as necessary to carry out the purposes of this chapter." §5-2 C (2) .
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. "A violation of this chapter is an infraction, provided...the first violation shall result in a written warning notice of violation to the operator of the store... A second violation within a five-year period from the notice of violation shall be punishable by a fine of not more than $250.00. For a third or subsequent violation within a five-year period, the fine shall be not more than $500.00. A restaurant shall not be found to have committed a violation under this chapter more than once during an inspection visit." § 5-2 C (2).
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
This section is located in Chapter 5, Business, Article I, In General. History: Ord. No. 18-046 , § 1, 10-4-18).