§ 8.72.100  EXEMPTIONS.
   The following exemptions shall apply to this chapter:
   (A)   Entities packaging prepared foods outside the Town of Fairfax are exempt from the provisions of this chapter; provided, however, such persons are encouraged to follow the provisions of this chapter.
   (B)   Food vendors may be exempt from the provisions of this chapter for no more than one year following the effective date of this chapter if the Town Manager or his or her designee finds that an undue hardship exists. The phrase “undue hardship” shall be construed to include, but not be limited to, situations where a food vendor can demonstrate to the satisfaction of the Town Manager or his or her designee that there is significant difficulty or significant expense incurred by satisfying the requirements of this chapter, which difficulty or expense directly impacts the food vendor’s ability to conduct business. A food vendor may request an extension of the exemption for up to 12 months if the food vendor can demonstrate to the satisfaction of the Town Manager or his or her designee that good faith efforts were made to comply, but the undue hardship still exists.
      (1)   “Significant difficulty” will be established based on, but not limited to, the food vendor’s documented list of suppliers contacted, reasons the food vendor has determined that no acceptable reusable or disposable foodware is available at a commercially reasonable price, and/or reasons that the regulations are particularly burdensome to the food vendor.
      (2)   “Significant expense” will be based on, but not limited to, demonstrating that the disposable foodware is not available at a commercially reasonable price and the additional cost associated with providing the reusable or disposable foodware is particularly burdensome to the food vendor based on the type of operation(s) affected, the overall size of the business, the number, type and location of its facilities and the impact on the overall financial resources of the food vendor. In determining whether a significant expense has been established, the Town Manager or his or her designee shall consider the ability of the food vendor to recover the additional expense by increasing its prices, the availability of tax credits and deductions, and/or outside funding.
   (C)   Emergency supply and services procurement. The Town Manager or his or her designee may exempt food vendors, persons operating town facilities and agents, contractors, and vendors doing business with the town, from the provisions of this chapter for the immediate preservation of the public peace or health or safety due to an emergency or natural disaster.
(Ord. 838, passed 10-2-2019)