A. Any owner or manager of a business or other establishment subject to the provisions of this chapter may apply to the City Manager or his or her designee for an exemption or modification to any provision of this chapter due to unusual circumstances or conditions, after which a hearing before the City Manager or his or her designee shall be conducted at a mutually agreeable time.
B. Such exemption shall be granted only if the City Manager or designee finds from the evidence presented that due to such unusual circumstances, the failure to comply with the provisions for which the exemption is requested will not result in a danger to health or annoyance, inconvenience, or discomfort to non-smoking members of the public.
C. The applicant for an exemption shall pay the sum of fifty dollars ($50) to cover actual investigation and administrative costs to be incurred. The decision of the City Manager or his or her designee will be final.
(Ord. 777, passed 7-16-85)