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representative of a smoke free publicly owned property, can obtain. approval to prohibit smoking <br />on rights-ol-way adjacent to the property. <br />B. A request to prohibit smoking on adjacent rights-of-way shall be submitted on a <br />form provided by the City and shall contain the information, acknowledgements, and agreements <br />required in Exhibit A. <br />C. There is no fee for submitting a request to prohibit smoking on adjacent rights-of- <br />way. <br />D. A request to prohibit smoking on adjacent rights-of-way shall be approved, <br />approved with modifications, or denied by the City Manager or Manager's designee. It is in the <br />City's sole, unfettered discretion whether to approve, approve with modifications, or deny a <br />request, however, the City's approval will not be unreasonably withheld. A reason for approving <br />with modification or denying a request includes, but is not limited to, the reasonable likelihood <br />that prohibiting smoking in the requested location will have an adverse impact on nearby <br />properties. <br />it. OPT -OUT OF DOWNTOWN CORE SMOKING PROHIBITION <br />A. This rule implements Section 2 of Ordinance No. 20603 by setting out how a <br />representative of a private establishment located within the downtown core (as that term is defined <br />in EC 4.871) can obtain approval to allow smoking on public rights -of way adjacent to the private <br />establishment. <br />B. A request to allow smoking within the downtown core on adjacent rights-of-way <br />shall be submitted on a form provided by the City and shall contain the information, <br />acknowledgements, and agreements required in Exhibit B. <br />C. There is no fee for submitting a request to allow smoking in the downtown core on <br />adjacent rights-of-way. <br />D. A request to allow smoking in the downtown core on adjacent rights-ol'-way shall <br />be approved, approved with modifications, or denied by the City Manager or the Manager's <br />designee. It is in the City's sole, unfettered discretion whether to approve, approve with <br />modifications, or deny a request, however, the City's approval will riot be unreasonably withheld. <br />A reason for approving with modification or denying a request includes, but is not limited to, the <br />requested location abuts multiple properties and not all of the abutting properties are requesting to <br />opt -out of the smoking prohibition. <br />.1h <br />Dated and effective this _Vg_ day of August, 2018. <br />401 Jon R. Ruiz <br />City Manager <br />Administrative Order - Page 2 of 2 <br />