8.50.032   Hardship Phase-In to Create a Designated Smoking Area
   A.   The owner of an existing restaurant may apply for a hardship phase-in to allow a period beyond the date prescribed to make the necessary modifications to create a designated smoking area which meets the requirements of Section 8.50.031, if completing those modifications within the date prescribed would create an undue financial hardship.
   B.   For purposes of this section only, an "undue financial hardship" means that the applicant does not have current funds, or the current ability to borrow and repay funds, necessary and sufficient to remodel the restaurant to create a designated smoking area which complies with Section 8.50.031. The owner bears the burden of showing that compliance would create an undue financial hardship.
   C.   The time allotted for a hardship phase-in to create a designated smoking area shall not exceed one (1) year.
   D.   A hardship phase-in to create a designated smoking area application shall be submitted to the health department and shall contain the following:
      1.   An estimate from appropriately licensed contractor(s) of the costs of modifying the seating area of the restaurant to be a designated smoking area which meets the requirements of Section 8.50.031;
      2.   Financial statements prepared by a licensed certified public accountant for the twelve (12) months immediately prior to the month in which a hardship phase-in application is filed purporting to show an undue financial hardship;
      3.   A time and task schedule for complying with all requirements of Section 8.50.031 if a hardship phase-in is granted; and,
      4.   A sworn statement that, if a phase-in is granted, the applicant shall complete the structural, HVAC, signage, and all other modifications necessary to meet the requirements of Section 8.50.031(B) and (C) in accordance with the time and task schedule.
   E.   A restaurant owner must apply for a hardship phase-in to create a designated smoking area within ninety (90) days of the effective date of this ordinance. If application for hardship phase-in to create a designated smoking area is not made within this time period, the restaurant must be smoke-free.
   F.   The entire restaurant shall remain smoke-free until the modifications for the designated smoking area are completed.
   G.   Restaurants constructed, opened, or remodeled after the effective date of this ordinance, must immediately comply with Section 8.50.031 and shall not be eligible for a hardship phase-in.
(Ord. 2001-137 § 1 (part), 2001)