01-0120R [AS AMENDED]

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 COUNCILOR HOGG:

        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:
                        The owner's application for this exemption, the owner's letters of February 1, 2001, and February 9, 2001, to the council and the city sales tax receipt report dated February 9, 2001, which establish that smoking customers have abandoned the business, but nonsmoking customers have continued to patronize the business.

        BE IT FURTHER RESOLVED, that the exemption hereby granted is subject to:
                 (a)     The exemption is transferable to the new owner if the business is sold;
                 (b)     This exemption is subject to any future council action affecting the operation of exemptions.


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.