[Adopted by the City Council of the City of Galax 6-13-2016. Amendments noted where applicable.
A.
Authority for the adoption of this article is granted to the City
Council by Code of Virginia, § 35.1-26.
B.
The purpose of this article is to provide for the exemption of certain
groups and organizations from the provisions of Code of Virginia,
§ 35.1-1 et seq., or any successor statute, due to the hardship
of such provisions on such groups and organizations. No group or organization
shall be exempt from the provisions of Code of Virginia, § 35.1-1
or any successor statute except as provided in this article.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any organization currently recognized by the Internal Revenue
Code of the United States of America as a charitable nonprofit organization.
A public gathering permitted and approved by the City of
Galax for the purpose of exhibiting and/or selling goods, public festivals
promoted by the City or the City School Board or any permitted public
gathering accompanied by amusements, contests, entertainment, and
the like.
The Health Officer of the City Health Department, its successor
agencies, or a qualified person designated by such Health Officer.
Health Officer includes the Health Officer assigned to the City by
the Virginia Department of Health.
The City; the Galax City School Board; any body politic created
under the Constitution of Virginia or by Act of the General Assembly
of Virginia as described by statute; and/or all groups operating on
behalf of, under and through the political subdivisions referenced
and described in this definition.
The City school system, the City recreational department
and/or any association which has, by resolution previously adopted,
been recognized as being a part of the education or recreational program
of the City or the City of Galax school system or part of the recreational
program of the political subdivision where the association or organization
is located by an ordinance or resolution of such political subdivision.
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State law references — Regulations regarding restaurants,
Code of Virginia, § 35.1-14;
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Authority to grant exemptions for certain events, Code of Virginia,
§ 35.1-26.
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The provisions of Code of Virginia, § 35.1-1 et seq.,
or any successor statute shall not apply to:
A.
Food booths at fairs, where such booths are promoted or sponsored
by any political subdivision of the state, by any charitable nonprofit
organization or group thereof; and
B.
Concession stands at youth athletic activities, if such stands are
promoted or sponsored by either a youth athletic association or by
any charitable nonprofit organization of group thereof as either are
herein defined.
Supervision of the sale of food as contemplated in this article
shall be made by the Health Officer of the City or a qualified person
designated by such officer. Such supervision shall include:
A.
A requirement of notice from the food concessionaire as to the time
and place of the sale of food;
B.
Meetings as necessary with the representatives of such organizations
to provide information and assistance, where necessary, to provide
a healthy environment for the sale of food;
C.
Inspections, as necessary, to determine if such operations are being
conducted in a healthy environment and to provide assistance in remediation,
if necessary;
D.
Inspections, as necessary, to determine if the authorized organizations
are operating such food concessions; and
E.
No other supervision unless directed by future ordinance of the City
Council.
