01-0160R

RESOLUTION DENYING A BUSINESS LOSS EXEMPTION FROM THE PROVISIONS OF THE PUBLIC SMOKING ORDINANCE FOR UNCLE LOUIS CAFE LOCATED AT 520 EAST FOURTH STREET.

BY PRESIDENT EDWARDS:

        WHEREAS, on February 8, 2001, the city clerk received a request from Penny Briddell, owner of a restaurant known as Uncle Louis Cafe located at 520 East Fourth 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 Uncle Louis Cafe were $14,878.89 in the year 2000 and $12,341.42 in the year 2001, representing a business decline of approximately 17 percent; and

        WHEREAS, the city sales tax administrator has verified that this information is consistent with sales tax returns submitted by Uncle Louis Cafe for those months; and

        WHEREAS, the owner of Uncle Louis Cafe has submitted in writing on the application form and by separate letter (Public Document No. ____________) reasons why she believes her business loss was caused by enforcing the smoking ordinance;

        NOW, THEREFORE, BE IT RESOLVED, that the Duluth City Council hereby denies Uncle Louis Cafe located at 520 East Fourth Street a business loss exemption from the provisions of Article VII of Chapter 28 of the Duluth City Code because:
 


STATEMENT OF PURPOSE:  This resolution denies Uncle Louis Cafe, a restaurant owned by Penny Briddell and located at 520 East Fourth Street, a business loss exemption from the provisions of Duluth's public smoking ordinance for the reasons set forth in the resolution.