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3 <br /> A. Notwithstanding the requirements contained in this Ordinance, retailer may not collect a pass- <br /> through charge from anyone with a voucher or electronic benefits card issued under programs <br /> including, but not limited to, Women Infants and Children (WIC); Temporary Assistance to <br /> Needy Families (TANF); Federal Supplemental Nutrition Assistance Program(SNAP), also <br /> known as Basic Food; and the Washington State Food Assistance Program (FAP). <br /> B. Food banks and other food assistance programs are exempt from the requirements for this <br /> chapter. <br /> C. The Mayor or designee may exempt a retail establishment from the requirements of this <br /> chapter for up to a one-year period,upon a request by the retail establishment showing that the <br /> conditions of this chapter would cause undue hardship. An"undue hardship shall only be found <br /> in: <br /> 1. Circumstances or situations unique to the particular retail establishment, such that there <br /> are no reasonable alternatives to single-use plastic carryout bags or a pass-through charge cannot <br /> be collected; or <br /> 2. Circumstances or situations unique to the retail establishment, such that compliance <br /> with the requirements of this chapter would deprive a person of a legally protected right. <br /> D. If a retail establishment requires an exemption beyond the initial exemption period,the retail <br /> establishment must reapply prior to the end of the exemption period and must demonstrate <br /> continued undue hardship if it wished to have the exemption extended.Extensions may only be <br /> granted for intervals not to exceed one year. <br /> E. An exemption request shall include all information necessary for the City to make its decision, <br /> including, but not limited to, documentation showing the factual support for the claimed <br /> exemption. The Mayor or designee may require the applicant to provide additional information <br /> to permit the City to determine facts regarding the exemption request. <br /> F. The Mayor or designee may approve the exemption request, in whole or in part,with or <br /> without conditions. <br /> G. Exemption decisions are effective immediately.A party aggrieved by a final decision may <br /> appeal or seek review of the decision in accordance with applicable law.Unless another period <br /> of time applies under applicable law or court rule, an appeal of the decision must be filed within <br /> 21 calendar days from the date the final decision was served personally or placed in the United <br /> States mail,postage prepaid and properly addressed. <br /> H. The City Council may, by resolution, establish a fee for exemption requests. The fee shall be <br /> sufficient to cover the costs ofrocess' <br /> p mg the exemption request. <br /> p <br /> Section 4. <br /> Violations. <br /> 10 <br />