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FULL PACKET_2006-10-02
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FULL PACKET_2006-10-02
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plan, provided that all plans must be submitted no later than March 1, 2007. The <br />schedule shall provide at least 60 days from notice to submit a plan. The director <br />may approve or deny the proposed plan and shall notify the owner of such <br />decision. If approved, the shopping cart control plan shall be implemented by the <br />owner no later than time specified in the approval, which shall not be thirty (30) <br />days less than the date of the director's notice. <br />(b) Notwithstanding the foregoing, the obligations imposed by this <br />article in sections 33-213 and 33-214 shall be fully implemented no later than <br />ninety (90) days from the effective date of this article. <br />(c) Thereafter, each owner must amend or update its plan at the earlier <br />of (1) any substantial modification of an owner's business or premises that would <br />adversely affect an approved plan or (2) on the fifth (5th) anniversary of approval <br />of its initial plan, and each fifth (5th) year thereafter. All new businesses <br />established after January 1, 2007 must file a plan prior to issuance of a business <br />license for that new business. <br />(d) The director may deny a plan based upon any of the following <br />grounds: <br />(1) Implementation of the plan violates any provision of the building, <br />zoning, health, safety, fire, police or other provision of this code or <br />any county, state or federal law which substantially affects public <br />health, welfare, or safety; <br />(2) The plan fails to include all of the information required by this <br />article; <br />(3) The plan is insufficient or inadequate to prevent removal of <br />shopping carts from the premises; <br />(4) The plan fails to address any special or unique conditions due to <br />the geographical location of the premises as they relate to shopping <br />cart retention and prevention efforts. <br />(5) Implementation of the plan violates a term or condition of a plan or <br />other requirement of this Code; <br />(6) The owner knowingly makes a false statement of fact or omits a <br />fact required to be revealed in an application for the plan, or in any <br />amendment or report or other information required to be made. <br />(e) If the plan is rejected as incomplete or inadequate, the director shall <br />indicate areas of incompleteness or inadequacy, and the owner shall have an <br />additional thirty days in which to resubmit a complete and adequate plan. <br />Ordinance No. NS-XXX <br />Page 9 of 14 <br />11 A-9 <br />
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