01-0284R

RESOLUTION DENYING A BUSINESS LOSS EXEMPTION FROM THE PROVISIONS OF THE PUBLIC SMOKING ORDINANCE FOR PERKINS FAMILY RESTAURANT, 4005 WEST MICHIGAN STREET.

BY PRESIDENT EDWARDS:

        WHEREAS, on March 28, 2001, the city clerk received a request from Sean M. Flaherty, owner of a restaurant known as Perkins Family Restaurant, located at 4005 West Michigan 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 February monthly sales for Perkins Family Restaurant, Inc were $137,806.00 in the year 2000 and $116,141.34 in the year 2001, representing a business decline of approximately 16 percent; and

        WHEREAS, the city sales tax administrator has verified that this information is consistent with sales tax returns submitted by Perkins Family Restaurant, for those months; and

        WHEREAS, the owner of Perkins Family Restaurant 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 Perkins Family Restaurant, located at 4005 West Michigan Street, a business loss exemption from the provisions of Article VII of Chapter 28 of the Duluth City Code because:
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STATEMENT OF PURPOSE: This resolution denies Perkins Family Restaurant, a restaurant owned by Sean M. Flaherty and located at 4005 West Michigan Street, a business loss exemption from the provision of Duluth's public smoking ordinance for the reasons set forth in the resolution.