A. Emergency Circumstances. Consistent with his/her authority under Chapter 2.12 SMC, and for the immediate preservation of the public peace, health, or safety due to an emergency or natural disaster, the City Manager, or designee, may exempt food facilities, retail establishments and City-sponsored events, as well as any City facilities and agents, contractors and vendors doing business with the City, from the provisions of this chapter.

B. Nonemergency Circumstances. The City Manager or his/her designee may grant waivers, based upon documentation provided by the applicant that the requirements of this chapter would create an undue financial hardship or practical difficulty not generally available to other persons in similar circumstances.

C. Waivers for nonemergency circumstances may be granted for a specified term of up to one year. Waivers during emergency circumstances may be granted for the duration of the emergency. During the waiver term, the food facility shall make diligent efforts to become compliant.

D. The City Manager or his/her designee shall have full discretion to verify the waiver application including independent verification and site visits. The City Manager’s decision to grant or deny a waiver will be put in writing and its determination considered final. (Ord. 1135 § 2, 2022)