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4. Notwithstanding Subsections 2 and 3 above, applicants denied a permit or license <br />and current licensees denied authorization to continue operations at their established location(s) <br />within the Eugene Celebration area may appeal the decision to the City Manager within the time <br />and in the manner provided in EC 2.021. <br />R -3.336-I Standards for Citv Annroval of Items or Services Sold by Licensed Vendors <br />and Permittees. <br />1. General Standards for All Licensed Vendors and Permittees. <br />1.1 Licensed vendors and permittees must comply with all applicable federal, <br />state and local laws, including all health regulations applicable to the specific items or <br />services sold or provided by the licensed vendors and permittees. <br />1.2 Excluding an application to operate a pushcart within the downtown activity <br />zone, the City Manager shall not approve an application to sell items or services <br />substantially similar to the items or services sold as a primary focus of its business by a <br />previously existing business, licensed vendor, or permittee located within 100 feet of the <br />proposed vending location, except with the written consent of the affected previously <br />existing business owner, licensed vendor, or permittee. The 100 feet shall be measured in <br />a direct line (horizontally, diagonally, etc.) between the proposed vending location and that <br />of the affected previously existing business, licensed vendor, or permittee. <br />1.2.1 The written consent of the affected previously existing business <br />owner, licensed vendor or permittee must be provided to the City Manager by the <br />applicant prior to issuance of a license or permit. The consent shall be deemed a <br />continuing consent so long as the licensed vendor or permittee does not change the <br />goods or services being sold at the time consent is given, does not transfer the <br />license or permit to another principal, or fail to renew the license or permit. In the <br />event a particular business owner, licensed vendor, or permittee denies such <br />consent, such denial may be deemed by the City Manager to apply for one year to <br />all subsequent applications relating to goods substantially similar to those <br />contemplated by the application for which consent was denied, absent subsequent <br />written consent in favor of the initial applicant <br />2. Standards Applicable to Licensed Vendors and Permittees Operating Within <br />the Downtown Activity Zone. <br />2.1 Pushcart permittees operating within the downtown activity zone shall sell <br />only food items. The City Manager shall not approve an application to operate a pushcart <br />within the downtown activity zone for the sale of food items substantially similar to the <br />food items sold as a primary focus of its business by a previously existing business, <br />licensed vendor, or permittee located within one block or block face of the pushcart <br />permittee's proposed vending location, except with the written consent of the affected <br />previously existing business owner, licensed vendor or permittee. (For example, a pushcart <br />Administrative Order - Page 11 of 29 <br />