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Ordinance Page 6 Section 5. This Ordinance shall become effective immediately upon its adoption pursuant to California Government Code section 36937, however a third party food delivery service shall not be found to be in violation of this ordinance if within one week of the effective date of this ordinance it imposes a fee per online order for the use of its services that totals more than 15 percent of the purchase price of such online order, provided it refunds the portion of that fee that exceeds 15 percent of the purchase price to the covered establishment within five business days. This ordinance shall expire one (1) year from the effective date, or upon the termination of the local state of emergency, whichever occurs first; or as otherwise terminated, modified or extended by the Pleasanton City Council. Section 6. The adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 21080(b)(4) of the California Public Resources Code and Section 15269(c) of the State CEQA Guidelines because adoption of this Ordinance is to mitigate an emergency and under Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment. Section 7. A summary of this Ordinance shall be published once within fifteen (15) days after its adoption in "The Valley Times," a newspaper of general circulation, and the complete Ordinance shall be posted for fifteen (15) days in the City Clerk's office within fifteen (15) days after its adoption. The foregoing Ordinance was enacted as an urgency Ordinance at a regular meeting of the City Council of the City of Pleasanton on October 6, 2020, by the following vote: Ayes: Noes: Absent: Abstain: Jerry Thorne, Mayor ATTEST: Karen Diaz, City Clerk