5.35.050   Exemptions.
   (a)   Undue hardship. The city manager, or his or her designee, may exempt a retail service or food service establishment from the requirements of this chapter for a period of up to one year, upon sufficient evidence by the applicant that the provisions of this chapter would cause undue hardship. An undue hardship request must be submitted in writing to the city. The phrase "undue hardship" may include, but is not limited to, the following:
      i.   Situations where there are no acceptable alternatives to single-use plastic checkout bags for reasons which are unique to the retail service or food service establishment.
      ii.   Situations where compliance with the requirements of this chapter would deprive a person of a legally protected right.
   (b)   Retail service establishments shall not enforce the ten cent ($0.10) store charge for customers participating in the California Special Supplemental Food Program for Women, Infants, and Children, or in CalFresh, or in the Supplemental Nutrition Assistance Program (SNAP-formerly food stamps). This provision will expire on June 30, 2014.
(Ord. 5194 § 3 (part), 2013)