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way. <br />2. Does not obligate the City, including the Eugene Police <br />Department, to take any specific action to enforce the approved smoking <br />prohibition. <br />(3) There is no fee for submitting a request to prohibit smoking on adjacent rights-of- <br />(4) 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 />pr_operties. <br />R-6.230-E Opt-Out of Downtown Core Smoking Prohibition <br />(1) This Rule R-6.230-E implements Section 2 of Ordinance No. 20603 by setting out <br />how a representative of a private establishment located within the downtown core (as that term is <br />defined in EC 4.871) can obtain approval to allow smoking on public rights-of-way adjacent to the <br />private establishment. . <br />(2) 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 include, at a minimum, all of the <br />following: <br />(a) Name, address, telephone number, and e-mail address of the requester; <br />(b) Name of downtown core private establishment; <br />( c) Map, photograph, or diagram showing the area where the requester is asking <br />that smoking be allowed; <br />(d) Whether request is for smoking to be allowed for the entire day, or only <br />after 9 p.m.; and <br />(e) Certification and signature of the authorized representative of the private <br />establishment acknowledging that: <br />1. The City 's approval of the request to allow smoking within <br />the downtown core on adjacent rights-of-way does not alleviate requester's <br />responsibility to comply with all other applicable local and state laws, <br />including EC 6.225 -6.240 and Administrative Rules adopted by the City <br />Manager, and that, in addition to the penalties provided in the City Code, <br />any violation of applicable regulations may result in the City revoking <br />permission to allow smoking; and <br />Administrative Order -Page 4 of 5