7-11-7: EXEMPTION PROCEDURES:
Any owner or manager of a business or other establishment subject to this chapter may apply to the director of the El Dorado County department of environmental management for an exemption or modification to its provisions. Exemptions may only be granted on: a) a showing by the petition of significant financial hardship due to compliance, or b) the proposed implementation of an alternative approach or technology which would provide equivalent protection from the health hazards of sidestream smoke.
An application for exemption will be accompanied by payment of a reasonable fee established by board of supervisors resolution which will cover the cost of preparation for the hearing, and the application will include any data required by the department. The department will review the application and submit it, with recommendations, for hearing by the environmental health director. The applicant will be entitled to present evidence at the hearing, which will be scheduled within thirty (30) days of the receipt of the application.
The department will, after taking into consideration the testimony received at the hearing, issue its findings and recommendations within ten (10) days of the completion of the hearing. The department will complete procedural action on the application and notify the city council and interested parties within ten (10) days of its receipt from the director of environmental health.
The applicant or other interested parties may appeal the department's decision to the city council within thirty (30) days of receipt of action notification by the department. Upon appeal, the city council will set a hearing within sixty (60) days, and make a final determination at that hearing. Any establishment holding a currently valid exemption shall not be required to pay additional administrative fees to maintain its exemption. (Ord. 1485, 12-10-1991)