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Ordinance No. 1529 <br /> <br /> 1. The first date on which permissive termination <br /> of the written contract by the person on whose premises <br /> the cigarette vending machine is located could take <br /> effect if said person elected to terminate, or the <br /> expiration date of the contract term in effect on the <br /> enactment date of this chapter if no provision of the <br /> agreement authorizes permissive termination; <br /> <br /> 2. One hundred twenty (120) days after the <br /> effective date of this ordinance. <br /> <br /> C. Any person who purchased a cigarette vending machine <br /> less than thirty-six (36) months prior to the enactment of <br /> this chapter for the purpose of using the vending machine to <br /> sell or distribute tobacco products exclusively within the <br /> City of Pleasanton and who has not, or will not have, <br /> recovered his, her or its investment therein by the date on <br /> which discontinuance of use is required pursuant to subsection <br /> B, may apply to the City Manager for a use extension based on <br /> financial hardship. A use extension shall be granted if the <br /> City Manager, or the City Manager's designee appointed to <br /> consider the application, makes all of the following findings: <br /> <br /> 1. That the vending machine was intended for use <br /> only within the corporate limits of the City of <br /> Pleasanton; <br /> <br /> 2. That the vending machine owner has not, or will <br /> not have recovered his, her or its investment therein <br /> before the date of required discontinuance; <br /> <br /> 3. That the vending machine owner has no practical <br /> way to recover the investment in the machine other than <br /> its continued use within the corporate limits of the City <br /> of Pleasanton; <br /> <br /> 4. That the investment not yet recovered exceeds <br /> ten percent (10%) of the actual cost of the machine; and <br /> <br /> 5. That the vending machine will be located in a <br /> place not accessible to minors, or if so accessible to <br /> minors, that it will be placed in a location on the <br /> premises easily viewed and supervised by the owner or <br /> responsible employee. <br /> <br /> The length of the use extension shall not exceed that <br /> additional time period estimated to be necessary to allow <br /> recovery of the owner's investment; provided, however, that no <br /> use extension shall be granted which allows the total time in <br /> which the machine will be in use within the corporate limits <br /> of the City of Pleasanton to exceed three (3) years. The <br /> <br /> -4- <br /> <br /> <br />