01-0385R

RESOLUTION DENYING 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 denies 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:



STATEMENT OF PURPOSE: This resolution denies 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.