§ 8.17.050. Exemptions.

A.

The city manager or designee, in his/her sole discretion, may exempt a food provider from the requirements set forth in Section 8.17.020(A) for one single, six-month period upon written application by the vendor or food provider showing this chapter would create an undue hardship or practical difficulty. The city manager or designee's decision shall be in writing, and the decision shall be final and not subject to appeal. The city manager or designee may approve the exemption application in whole or in part, with or without conditions.

B.

In addition, exemptions to allow for the sale or provision of expanded polystyrene products may be granted by the city manager or designee, in his/her sole discretion, if the vendor can demonstrate, in writing, a public health and safety requirement or medical necessity to use the products. The city manager or designee shall put the decision to grant or deny the exemption in writing and the decision shall be final and not subject to appeal.

C.

Each exemption application shall include all information necessary for the city manager or designee to make a decision, including, but not limited to, documentation showing factual support for the claimed exemption. The city manager or designee may require the applicant to provide additional information.

D.

Foods prepared or packaged outside the city and sold inside the city are exempt from the provisions of this chapter.

E.

Raw meat, fish and other raw food trays are exempt from the provisions of this chapter.

F.

Products made from expanded polystyrene, which are wholly encapsulated or encased by a more durable material, are exempt from the provisions of this chapter. Examples include surfboards, life preservers, and craft supplies which are wholly encapsulated or encased by a more durable material, and coolers encased in hard plastic.

G.

Construction products made from expanded polystyrene are exempted from this chapter if the products are used in compliance with Title 14, Buildings and Construction, and used in a manner preventing the expanded polystyrene from being released into the environment.

H.

In a situation deemed by the city manager to be an emergency for the immediate preservation of the public peace, health or safety, city facilities, food providers, city contractors and vendors doing business with the city shall be exempt from the provisions of this chapter.

I.

Expanded polystyrene packaging products, which have been received from sources outside the city, may be reused to be kept out of the waste stream.

(Ord. No. 600, § 1, 2-9-16)