01-0223R

RESOLUTION APPROVING A BUSINESS LOSS EXEMPTION FROM THE PROVISIONS OF THE PUBLIC SMOKING ORDINANCE FOR COUNTRY KITCHEN OF DULUTH, INC., 1810 MILLER TRUNK HIGHWAY.

BY PRESIDENT EDWARDS:

        WHEREAS, on March 13, 2001, the city clerk received a request from Paul Seckinger, manager of a restaurant known as Country Kitchen of Duluth, Inc., located at 1810 Miller Trunk Highway, 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 Country Kitchen of Duluth, Inc, were $98,565.78 in the year 2000 and $71,540.46 in the year 2001, representing a business decline of approximately 27 percent; and

        WHEREAS, the city sales tax administrator has verified that this information is consistent with sales tax returns submitted by Country Kitchen of Duluth, Inc., for those months; and

        WHEREAS, the owner of Country Kitchen of Duluth, Inc., has submitted in writing on the application form (Public Document No. ____________) reasons why he believes his business loss was caused by enforcing the smoking ordinance;

        NOW, THEREFORE, BE IT RESOLVED, that the Duluth City Council hereby grants Country Kitchen of Duluth, Inc., located at 1810 Miller Trunk Highway 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 Country Kitchen of Duluth, Inc., has suffered a decline in business of over 27 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:
 
 

        BE IT FURTHER RESOLVED, that the exemption hereby granted is subject to the following conditions:
                (a)     The exemption is transferable to the new owner if the business is sold;
                (b)     The exemption is subject to any future council action affecting the operation of exemptions;
                (c)     No persons under 18 years of age may be allowed on the premises during times when smoking is permitted.


STATEMENT OF PURPOSE: This resolution grants Country Kitchen of Duluth, Inc., a restaurant managed by Paul Seckinger and located at 1810 Miller Trunk Highway, a business loss exemption from the provision of Duluth's public smoking ordinance for the reasons set forth in the resolution.