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A. The following are exempt from the provisions of this Chapter:
1. Food prepared or packaged outside of the City, provided such food is not altered or repackaged within the City limits.
2. Food brought by individuals for personal consumption to City facilities including but not limited to City parks, provided the City facility is being used for individual recreation and such facility use is not part of an event that is otherwise governed by § 11.18.015.
B. The City Manager or his/her designee may exempt any individual food provider from the regulations of § 11.18.015A. of this Chapter, as follows:
1. For a one-year period, upon a showing by the food provider that the conditions of this Chapter would cause undue hardship. An "undue hardship" shall be found in:
a. Situations where compliance with this Chapter would cause significant economic hardship to the food provider; or,
b. Situations where no reasonably feasible alternative exists to a specific and necessary polystyrene food service ware item.
2. A food provider granted an undue hardship exemption by the City must reapply prior to the end of the exemption period and demonstrate continued undue hardship, if they wish to have the exemption extended beyond the existing exemption period.
3. An undue hardship exemption may only be granted for a period lasting no longer than a year.
4. An undue hardship exemption application shall include all information necessary for the City to make its decision, including but not limited to documentation establishing the undue hardship. The City Manager or his/her designee may require the applicant to provide additional information to permit them to determine facts regarding the exemption application.
5. The City Manager or his/her designee may approve the undue hardship exemption application, in whole or in part, with or without conditions.
6. Undue hardship exemption decisions are effective immediately.
7. Decisions of the City Manager may be appealed, by the person applying for the undue hardship exemption, to the City Council. Appeals shall be filed, in writing, with the City Clerk, within ten (10) days of the applicant receiving written notice of the City Manager's decision and shall be accompanied by any applicable fee set by resolution of the City Council. If the City Council determines that a hearing is necessary, notice of such hearing shall be given to the applicant at least ten (10) days prior to the hearing. The City Council's decision on such appeals will be final.
C. Any food service ware, except for food service ware which contains or utilizes single-use foam polystyrene, that has been determined not to have a reasonably feasible alternative, due to cost, availability, or other factors shall also be exempt from the provisions of this Chapter. A list of such items will be prepared, annually, by the City Manager or his/her designee and forwarded to the City Council for approval.
(Ord. No. 2017-008 § 1 (part))