01-0120R

RESOLUTION APPROVING A BUSINESS LOSS EXEMPTION FROM THE PROVISIONS OF THE PUBLIC SMOKING ORDINANCE FOR JIM'S HAMBURGERS LOCATED AT 2005 WEST SUPERIOR STREET.

BY PRESIDENT EDWARDS:

        WHEREAS, on February 1, 2001, the city clerk received a request from Mary Sue Christensen, owner of a restaurant known as Jim's Hamburgers located at 2005 West Superior Street, for a business loss exemption from the provisions of Duluth's public smoking ordinance as authorized by Section 28-66 of the Duluth City Code; and

        WHEREAS, said request (Public Document No. _____________) indicates that January monthly sales for Jim's Hamburgers were $5,908 in the year 2000 and $4,844 in the year 2001, representing a business decline of approximately 18 percent; and

        WHEREAS, the city sales tax administrator has verified that this information is consistent with sales tax returns submitted by Jim's Hamburgers for those months; and

        WHEREAS, the owners of Jim's Hamburgers have submitted in writing, both on the application form and by separate letter dated February 1, 2001 (Public Document No. ______________), reasons why they believe their business loss was caused by enforcing the smoking ordinance;

        NOW, THEREFORE, BE IT RESOLVED, that the Duluth City Council hereby grants Jim's Hamburgers restaurant located at 2005 West Superior Street a business loss exemption from the provisions of Article VII of Chapter 28 of the Duluth City Code because:

                (a)    Substantial evidence has been presented showing that Jim's Hamburgers has suffered a decline in business of over 15 percent in the month of January 2001, as compared to January 2000;

                (b)    Substantial evidence has been presented showing that this business loss resulted from enforcement of the smoking ordinance as shown by the following documents and facts:


STATEMENT OF PURPOSE:  This resolution grants Jim's Hamburgers, a restaurant owned by Mary Sue Christensen and located at 2005 West Superior Street, a business loss exemption from the provisions of Duluth's public smoking ordinance for the reasons set forth in the resolution.