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the food vendor documenting the list of suppliers contacted and explaining how it has <br />determined that no acceptable alternative is available or acceptable alternatives are available at a <br />significant cost. Significant cost will be established by, but not necessarily limited to <br />demonstrating that the acceptable alternative food ware is not available at a commercially <br />reasonable price and the additional cost associated with providing the acceptable alternative food <br />ware is uniquely burdensome to the food vendor based on the type of operation(s) affected, the <br />overall size of the business , the number, type and location of its facil' ies and the impact on the <br />overall financial resources of the food vendor. It shall also consider ility to recover the <br />additional costs through existing expenses and resources, the av ' bility Flax credits and <br />deductions, and/or outside funding.° <br />(b) Foods prepackaged for retail sale outside of the City o Leandro are excluded <br />from the provisions of this Article, but the purveyors o_ od `prepac „ outside of the City of <br />San Leandro are encouraged to follow these provisio , iI is the City's goal to eliminate <br />the use of polystyrene foam food service ware i ible application s. <br />(c) Retailers, wholesalers and suppliers _ �ystyrene foam food sere dare within the <br />City of San Leandro are excluded from the provisido this Agile, but are enc ed to <br />promote the sale, purchase, and use of compostable a clablood service war pions in <br />San Leandro as it is the City's policy foal to eliminate t �i#yrene foam food service <br />ware in all possible applications. <br />d Emergency s or sI � curement. Foo '? <br />O g y pp ' ors, City departments, City <br />facilities, and contractors shall be exempt ,o T rovisions of icle, in a situation <br />deemed by the City Manager to be an emer*cy I'm immediate' vation of the public <br />peace, health or safety <br />3 -8 -230 E CEMk '`AND PENAp` <br />(a) The orks Semis Director, o _ e Director'snee, shall have the <br />primary responsibility force of this Articles f the Directb`r or his/her designee <br />determines the a_ violati0 is le has occurred;., elshe shall issue a written warning <br />e <br />notice f� or tha occurred. went violations of the Article by a <br />foo _ dor shall ct to orc penes set forth below. <br />Any violate his that oc� the issuance of a written warning to a <br />food is subject toaiinist citation pursuant to Article 4, Chapter 12 -1 of the San <br />Leandro ipal Code <br />(c) Leandro Cif Attorne seek legal, injunctive, or any other relief to <br />enforce the pro s of this A�" <br />3 -8 -240 EFF VE DA This ordinance shall take effect on May 1, 2012. <br />SECTION II. Ste ILITY. If any section, subsection, subdivision, paragraph, <br />sentence, clause or phrase o. s Ordinance, or its application to any person or circumstance, is <br />for any reason held to be i valid or unenforceable, such invalidity or unenforceability shall not <br />affect the validity or enforceability of the remaining sections, subsections, subdivisions, <br />paragraphs, sentences, clauses, or phrases of this Ordinance, or its application to any other <br />person or circumstance. The City Council of the City of San Leandro hereby declares that it <br />would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase <br />