04-0750R


RESOLUTION DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD NOVEMBER 2, 2004.

BY PRESIDENT STAUBER:

     WHEREAS, on November 2, 2004, there was held in the city of Duluth, pursuant to the provisions of Laws of Minnesota, 1973, Chapter 281, a special municipal election for the purpose of deciding the following initiative and referendum question:

           Should Duluth’s existing smoking ordinance be changed to prohibit smoking in indoor public places and most places of work where two or more people work, including restaurants with bars, bars and private clubs (Article VII, Chapter 28, Duluth City Code); and

     WHEREAS, the judges of the election precincts in the city have made their returns of said election, and the city council, acting as a canvassing board, has duly canvassed said returns (Public Document No. _______________) and ascertained the number of ballots cast at said election and thereby declared that at said election there were cast 50,177 votes, said votes having been cast in the following manner:

     THAT on the question, “Should Duluth’s existing smoking ordinance be changed to prohibit smoking in indoor public places and most places of work where two or more people work, including restaurants with bars, bars and private clubs (Article VII, Chapter 28, Duluth City Code),” there were 23,183 YES votes and 26,994 NO votes.

     NOW, THEREFORE, BE IT RESOLVED, that the questions, “Should Duluth’s existing smoking ordinance be changed to prohibit smoking in indoor public places and most places of work where two or more people work, including restaurants with bars, bars and private clubs (Article VII, Chapter 28, Duluth City Code),” having received a majority of negative responses and is hereby declared disapproved by the electors voting upon such question. The results of a declaration of disapproval is that there shall be no change in the city ordinance.