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NOTICE OF PUBLIC NEARING
<br />ORDINANCE No.1883, SERIES 2024
<br />NOTICE 15 HEREBY GIVEN that at a regular meeting of the City
<br />Council of the City of Louisville. Colorado, to be held on September
<br />17, 2024 at the hour of 6.00 p.m_ at Lotesvlile City Hall. 749 Main
<br />Street, Louisville. Colorado 80027 or in an electronic meeting. the
<br />City Council will hold a Public Hearing on the final passage and
<br />addoppption of a proposed AN ORDINANCE AMENDING LOUISVILLE MU-
<br />NICIPAL CODE TO REQUIRE RESTAURANTS TO OFFER HEALTHY BEV.
<br />ERAGES IN CHILDREN'S MEALS
<br />Published in the Daily Camera on September 8, 2029 with lull ordl•
<br />lance.
<br />Full copies available in the City Clerk's Office, 749 Main Street,
<br />Louisville CO 80027.
<br />ORDINANCE NO. 1883
<br />SERIES 2024
<br />AN ORDINANCE AMENDING THE LOUISVILLE MUNICIPAL CODE TO
<br />REQUIRE RESTAURANTS TO OFFER HEALTHY ervtimOES Ri
<br />CHILDREN'S MEALS
<br />WHEREAS, the health and well-being of children is a priority for the
<br />City; and
<br />WHEREAS. according to a CDC study. over one-third of children and
<br />adolescents Consumed fast food on a given day, and children; and
<br />WHEREAS, the American Heart Association recommends that chil'
<br />dren consume no more than six teaspoons of sugar a day: but a
<br />small (12-ounce) soda found on Children's meal menus contains
<br />about ten teaspoons of sugar: and
<br />WHEREAS, the consumption of sugary drinks haS been linked toan
<br />increased risk of chronic diseases and health conditions, including
<br />type 2 diabetes, heart disease. high blood pressure. and certain
<br />cancers: and
<br />WHEREAS, requiring restaurants to provide a healthy beverage as
<br />the "default beverage' included in children's meals has been found
<br />to be an effective way to improve the nutritional quality of childre-
<br />n's meals: and
<br />WHEREAS, the City Council has carefully reviewed this ordinance
<br />and finds that it promotes the overall health and wellbeing of chit-
<br />dren and their families and is in the best interest of the health,
<br />safety, and welfare of the public.
<br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
<br />CITY OF LOUISVILLE. COLORADO;
<br />Section 1, Title 5 of the Louisville Municipal Code is hereby amend-
<br />ed by the addition of a new Chapter 5.26 to read as follows:
<br />5.26
<br />Healthy BeveragestIn C81Wrea s Meals
<br />Stc.5.26.010. Definitions
<br />For the purpose of this chapter, the following words and phrases
<br />shall have the following meanings:
<br />Children's meal means a combination of food items and a beverage.
<br />or a single food item and a beverage, sold together at a single price,
<br />prirnar€ y intended for consumption by a child
<br />Default beverage means the drink that is automatically included or
<br />Offered in a Children's meal.
<br />Health department means Boulder County Public Health.
<br />Restaurant means a food establishment that serves food to cus-
<br />tomers for consumption on- or off -premises, including fast food and
<br />full -service dining establishments.
<br />Sec. 5.26.020. Default beverages In chltdren's meals.
<br />(a) Effective April 1. 2025 a restaurant that sells a children's
<br />meal shall make the default beverage sold with the children's meal
<br />one of the following items:
<br />1. Water, still or sparkling, with no added sugar, or
<br />2. Dairy milk or a non-dairy milk alternative, with no added sug-
<br />ar.
<br />(0) Restaurant menus shall only list the beverages described in
<br />subsection (a) above in conjunction with Children's meats. Restate
<br />rant employees shall offer the default beverage while taking food
<br />orders from customers.
<br />(c) Nothing In this section prohibits a restaurant's ability to sell.
<br />or a customer's ability to purchase, any other beverage that is
<br />available if requested by the purchaser of the children's meal.
<br />Sec 5.26.030. Enforcement; penalties .
<br />(a) Restaurants will be inspected for compliance with this chapter
<br />during inspections by the health department or other designated
<br />inspector of the City.
<br />(b) No restaurant will be charged with violating this chapter un-
<br />less a written warning and an opportunity to correct the violation is
<br />first given to the restaurant. The warning may be personally deliv-
<br />ered, posted at the restaurant, or mailed via first-class mail to the
<br />restaurant.
<br />(c) Any person convicted of vitiating this chapter shall. upon
<br />conviction, be punished by a fine of not more than $500,00 for each
<br />offense. Imprisonment shall not be lmpoSed as a penalty for any vi-
<br />olation of this chapter.
<br />Section 2. If any portion of this ordinance is held to be invalid for
<br />any reason, such decision shall not affect the validity of the remain-
<br />ing portions of this ordinance. The City Council hereby declares it
<br />would have passed and approved this ordinance and each part
<br />hereof irrespective of the fact that any one part be declared invalid.
<br />Section 3. The repeal or modification of any provision of the
<br />Municipal Code of the City of Louisville by this ordinance shall not
<br />release, extinguish. alter, modify, or change in whole or in part any
<br />penalty, forfeiture, or liability, either civil or Criminal, which shall
<br />have been incurred under 0001) provision, and each provision shall
<br />be treated and held as still remaining in force for the purpose of
<br />sustaining any and ail proper actions, suits, proceedings, and pros-
<br />ecutions for the enforcement of the penalty, forfeiture, or liability,
<br />as well as for the purpose of sustaining any Judgment. decree. or
<br />order which can or may be rendered, entered. or made in such ac-
<br />tions, suits, proceedings, or prosecutions.
<br />Section 4. MI other ordinances or portions thereof inconsistent or
<br />conflicting with this ordinance or any portion hereof are hereby re-
<br />pealed to the extent of such inconsistency or conflict
<br />INTRODUCED, READ. PASSED ON FIRST READING. AND OR-
<br />DERED PUBLISHED this 3rd day of September, 2024.
<br />Christopher M. Leh, Mayor
<br />ATTEST:
<br />Denny Kline, Interim City Clerk
<br />APPROVED AS TO FORM:
<br />Kelly PC, City Attorney
<br />PASSED AND ADOPTED ON SECOND AND FINAL READING. this
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<br />PUBLISHER'S AFFIDAVIT
<br />County of Boulder
<br />State of Colorado
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<br />meets the legal requisites for a legal newspaper
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<br />3. The notice that is attached hereto is a true copy,
<br />published in the Daily Camera
<br />in Boulder County on the following date(s):
<br />Seo 8.2024
<br />�u sc ibed and s to me before me this
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<br />STATE OF COLORADO
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