Admin Order 53-01-03-F - Laserfiche WebLink

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compensation; (9) the ordinance violates the equal protection clause of the United States Constitution; and (10) that the civil penalty formula included in the rule was not sufficiently similar to OLCC's Responsible Vendor Program. Findings. The purpose of these rules is to implement the Code provisions adopted by Council ordinance. The objections raised in comments 5, 6, 7, 8, and 9 are directed to the ordinance, and no response is made to those comments, nor changes to the proposed rules as a result of the comments. In response to comment 1, this provision is consistent with other similar rules, and no changes are being made to the rules as a result of the comment. In response to comment 2, the frrst sentence ofR-3.515-C-l has been revised to clarify that modifications will only be required if necessary to be in compliance with Code requirements. The requirement objected to in comment 3 is necessary in order to ensure that the City is kept apprized of persons authorized to act on behalf of licensees, and no change is being made to the rules as a result of this comment. The City has Code and rule provisions in effect licensing limousine operators, telecommunication providers, private commerce vendors, solid waste collectors, and public passenger vehicle operators, and all of these rules contain the indemnity obligation objected to in comment 4. It would be inconsistent to not include it in these rules, and no change is being made as a result of this comment. In response to comment 10, the ordinance does not require a program like the Responsible Vendor Program; instead, it requires that the schedule of penalties include consideration of a retailer's attempts to provide training and other preventative measures. The rule is consistent with the intent of the ordinance, and no change is being made to the rules as a result of this comment. In addition to the above, during the comment period it was noted that a reference to Subsection (2) of Section 3.510 had been omitted from the first paragraph ofR-3.515-K-I, and that omission has been corrected. Based upon the above findings, which are hereby adopted, and pursuant to the authority contained in Sections 2.019 and 3.515 of the Eugene Code, 1971, I hereby adopt Tobacco Products Retail License Administrative Rule R-3.515 as amended as noted above and in the finding to Comment 2, to provide as follows: Tobacco Products Retail License Administrative Rule R-3.515 R-3.515-A Definitions. As used in these rules, words and phrases have the meanings ascribed to them in Section 3.005 of the Eugene Code, 1971, unless specifically defined otherwise herein. Administrative Order - 2 r:\adminord\rules\O 1 tobsales2ao.wpd(03/07/0 1)