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Sec. 12-206. Exclusions and exemptions. <br />Notwithstanding any other provisions to the contrary, this ordinance shall not apply to: <br />(a) Manufacturers, brokers, distributors or warehouse operators who conduct or transact no retail <br />food or beverage business; <br />(b) Food and beverage service provided through patient care at hospitals and nursing homes; <br />(c) Food packaging pre -packaged by a manufacturer, producer or distributor; <br />(d) Plastic films less than ten (10) mils in thickness; <br />(e) Any packaging, which is not zero waste packaging, but for which there is no commercially <br />available alternative as determined by the St. Louis Park Public Works Division by rule <br />promulgated pursuant to Section 12-205. In determining whether there are commercially <br />available alternatives, the public works division will consider whether there is availability of zero <br />waste packaging for affected products. Every rule creating an exemption under this paragraph <br />will be reviewed annually by the public works division to determine whether current conditions <br />continue to warrant the exemption. <br />Sec. 12-207. Violations and enforcement. <br />(a) Violations of this ordinance shall be punishable as a misdemeanor pursuant to City Code Section <br />1-13, and/or an administrative offense pursuant to City Code Section 1-14, Administrative <br />Penalties. <br />(b) The administrative offenses provided for in this article shall be in addition to any other legal or <br />equitable remedy available to the city for city code violations. <br />(c) At the time a violation occurs, a warning notice will be given in writing. The food establishment <br />will be given 14 calendar days to take corrective action before a fine is issued. <br />Sec. 12-208. Severability. <br />If any part or provision of this ordinance or the application thereof to any person, entity, or <br />circumstances shall be judged unconstitutional or invalid by any court of competent jurisdiction, such <br />judgment shall be confined in its operation to the part, provision or application which is directly involved <br />in the controversy in which such judgment shall have been rendered, and shall not affect or impair the <br />validity of the remainder of this ordinance or the application thereof to other persons, entities, or <br />circumstances. <br />Sec. 12-209. Effective date. <br />Unless otherwise indicated, this ordinance shall take effect January 1, 2017. <br />Sec. 12-210--12-250. Reserved. <br />(Ordinance No. 2485-15, 12-21-15; Ordinance No. 2561-19, 6-17-19) <br />