BIL 083 Draft 01 2024-2026 - Laserfiche WebLink

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Section 20-05-03. Exemptions. (a) The following are exempt from the provisions of this article: (1) Foods packaged outside the limits of the County of Hawaii; (2) Coolers and ice chests that are intended for reuse; and (3) Food packaging for raw: meat; poultry; seafood; and eggs that have not been further processed. (b) County facility users and food [venlefs-.] providers. (1) The director may exempt a food [vender] provider or County facility user from the provisions of this article, in a situation where compliance with the terms of this article would result in undue hardship. The exemption shall be in place for a period of time not to exceed one hundred eighty days. (2) Undue hardship includes, but is not limited to, situations unique to the food [vender] provide r or County facility user that generally do not apply to other persons in similar circumstances. (3) Food [vefiier-s] providers and County facility users seeking an exemption from the requirements of this article shall provide all required information on an application for exemption, including but not limited to, documentation as specified by the director supporting the applicant's claim that compliance with this article will result in undue hardship. (4) The director may approve or deny an exemption request in whole or in part. Applicants may appeal the director's decision to the commission. (5) All exemptions shall be promptly posted on the County website for the department of environmental management as a notice of temporary exemption. (c) Emergency supplies or services procurement. The mayor may exempt County facility users and food [venders] providers from the provisions of this article, in a situation deemed by the mayor to be an emergency that necessitates such exemption in order to preserve the public peace, health, and safety. The exemption shall be in place until the mayor determines that the emergency situation has ceased and the exemption is no longer needed to preserve the public peace, health, and safety. Section 20-05-04. Enforcement and special provisions. (a) Notwithstanding anvthing to the contrarv, violations of this article shall be subiect to a fine per day for each day in which the violation persists. In all respects not otherwise provided for, the director shall enforce this article in accordance with section 20-02-22. (b) A violation of this article in connection with a special event incurs: (1) A fine of $200 for the first violation, (2) A fine of $400 for the second violation; and (3) For any subsequent violation, a fine not to exceed: (A) $400, in the case of an event of no more than two hundred persons; (B) $600, in the case of an event of more than two hundred persons but not more than four hundred persons, (C) $800, in the case of an event of more than four hundred persons but not more than six hundred persons, or 2