01-0228R

RESOLUTION DENYING 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 denies 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:
 


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