Any owner or manager of a business or other establishment subject to this chapter may apply to the chief of the environmental health division for an exemption or modification to its provisions. Exemptions may only be granted on (1) a showing by the petitioner of significant financial hardship due to compliance, or (2) 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 a reasonable fee to cover the cost of preparation for the hearing, and the application will include any data required by the division. The division will review the application and submit it, with recommendations, for hearing by the Sacramento environmental commission. The applicant will be entitled to present evidence at the hearing which will be scheduled within sixty (60) days of the receipt of the application.
The commission will, after taking into consideration the testimony received at the hearing, issue its findings and recommendations within twenty (20) days of the completion of the hearing. The division will complete procedural action on the application and notify interested parties within twenty (20) days of its receipt from the commission.
The applicant may appeal the commission's decision to the city council within thirty (30) days of receipt of the action notification by the division. Upon appeal, the city council will set a hearing within sixty (60) days and make a final determination at that hearing. (Prior code § 37.01.022)