01-0384R

RESOLUTION APPROVING A BUSINESS LOSS EXEMPTION FROM THE PROVISIONS OF THE PUBLIC SMOKING ORDINANCE FOR DULUTH GRILL, 118 SOUTH 27TH AVENUE WEST.

BY PRESIDENT EDWARDS:

        WHEREAS, on May 9, 2001, the city clerk received a request from Kay Biga, owner of a restaurant known as Duluth Grill, located at 118 South 27th Avenue West, 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 Duluth Grill were $60,058.65 in the year 2000 and $50,800.35 in the year 2001, representing a business decline of approximately 15 percent; and

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

        WHEREAS, the owner of Duluth Grill has submitted in writing on the application form (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 grants Duluth Grill, located at 118 South 27th Avenue West, 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 Duluth Grill has suffered a decline in business of over 15 percent in the month of February, 2001, as compared to February, 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:

(1) ______________________________________

(2) ______________________________________

(3) ______________________________________

        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.


STATEMENT OF PURPOSE: This resolution grants Duluth Grill, a restaurant owned by Kay Biga and located at 118 South 27th Avenue West, a business loss exemption from the provisions of Duluth's public smoking ordinance for the reasons set forth in the resolution.