6.47.040 Exemptions.
A. Notwithstanding the regulations contained in BMC 6.47.020:
1. Single-use plastic carryout bags may be distributed to customers by food providers for the purpose of safeguarding public health and safety during the transportation of prepared take-out foods and prepared liquids intended for consumption away from the food provider’s premises.
2. Retail establishments may distribute product bags and may make reusable bags available to customers whether through sale or otherwise.
3. Retail establishments whose carryout bags are for small items, such as gifts, books and nails, may offer a small paper bag for no charge.
4. Nonprofit charitable reusers who sell and promote the use of reusable bags and offer a discount when customer brings own bag.
B. Notwithstanding the requirements contained in BMC 6.47.030:
1. A store shall provide a customer participating in Washington State’s low-income food assistance program with a reusable bag or a recycled paper bag at no cost at the point of sale including, but not limited to, Medicaid and Women, Infant and Children programs.
C. The mayor may exempt a retail establishment from the requirements of this chapter for up to a one-year period, upon a request by the retail establishment showing that the conditions of this chapter would cause undue hardship. An undue hardship shall only be found in:
1. Circumstances or situations unique to the particular retail establishment such that there are no reasonable alternatives to single-use plastic carryout bags or a paper bag pass-through cannot be collected; or
2. Circumstances or situations unique to the retail establishment such that compliance with the requirements of this chapter would deprive a person of a legally protected right.
D. If a retail establishment requires an exemption beyond the initial exemption period, the retail establishment must reapply prior to the end of the exemption period and must demonstrate continued undue hardship if it wishes to have the exemption extended. Extensions may only be granted for intervals not to exceed one year.
E. An exemption request shall include all information necessary for the city to make its decision, including but not limited to documentation showing the factual support for the claimed exemption. The mayor may require the applicant to provide additional information to permit the city to determine facts regarding the exemption request.
F. The mayor may approve the exemption request, in whole or in part, with or without conditions.
G. Exemption decisions are effective immediately, are final and are not appealable.
H. The city council may by resolution establish a fee for exemption requests. The fee shall be sufficient to cover the costs of processing the exemption request. [amended during 2013 codification; Ord. 2011-07-034].