01-0162R

RESOLUTION DENYING A BUSINESS LOSS EXEMPTION FROM THE PROVISIONS OF THE PUBLIC SMOKING ORDINANCE FOR 21ST DELIGHT LOCATED AT 2125 WEST SUPERIOR STREET.

BY PRESIDENT EDWARDS:

        WHEREAS, on February 1, 2001, the city clerk received a request from Judy M. Thomas, owner of a restaurant known as 21st Delight located at 2125 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 21st Delight were $22,648 in the year 2000 and $18,797.85 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 21st Delight, Inc., for those months; and

        WHEREAS, the owner of 21st Delight has submitted in writing on the application form (Public Document No. __________) reasons why she believes business loss was caused by enforcing the smoking ordinance;

        NOW, THEREFORE, BE IT RESOLVED, that the Duluth City Council hereby denies the 21st Delight restaurant located at 2125 West Superior 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 21st Delight, a restaurant owned by Judy M. Thomas and located at 2125 West Superior Street, a business loss exemption from the provisions of Duluth's public smoking ordinance for the reasons set forth in the resolution.