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"'10 A :)etition rec uestin l the variance signed by the majority of the <br />number of employees disclosed under subsection (bj (6) for each semi - <br />enclosed area for which a variance is souht. <br />"(11) The application must be signed b the dant or business mana,.ger and <br />the human resources director of business. If the mana _er and the <br />human resources director are the same l)erson, that shall be noted on <br />the alaplication. <br />"The city may reject an application for incompleteness. The city council will, <br />not consider an incomplete,,,al plication. <br />"(c) A variance under this section may be granted by the city council at its <br />discretion after a public hearing on the application for which notice has been <br />published in the city's newspaper of record and at which testimony both for <br />and against the variance will be taken. The city council may consider the <br />following factors among others in determining whether to grant a variance: <br />"(1) The number of employees potentially affected by the variance. <br />"(2) The number of retractable walls or barriers which will be left open <br />during times at which smoking will be allowed. <br />"(3) The ratio of wall area to be open to the air to the walls that will remain <br />enclosing the space. <br />"(4) Whether members of the public generally have access to the semi - <br />enclosed area. <br />"(5) Testimony for and against the variance. <br />"(6) The approximate square footage of the semi -enclosed area the subject <br />of the proposed variance. <br />"(7) Any matters contained in the application. <br />"(d) Prior to the public hearing on the proposed variance, the applicant shall post <br />the following notice in a conspicuous place in the semi -enclosed area the <br />subject of said variance: <br />"ATTENTION: [Name of business] has filed an application with the City <br />Council of the City of Paris, Texas for a variance of the prohibition <br />against smoking and the use of electronic cigarettes for the following <br />semi -enclosed area: [Describe semi -enclosed area]. The City Council <br />will hold a public hearing on the proposed variance at 5:30 p.m. on <br />Monday, [date] in the City Council Chambers at 107 E. Kaufman St. at <br />Page 4 of 6 <br />