2002-160ORDINANCE NO. 2002 - 160
An ordinance amending the City's No Smoking Ordinance so as to provide all restaurants
regardless of seating capacity a hardship exemption from the City's ordinance but not from State
Law, with a penalty for violations as set forth in dGO 8. 75.130.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Section 8.75.070 of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
"8.75.070 Hardship Exemption. A. A restaurant shall also be exempt
from the requirements of this Chapter in the event that the business provides to the City Clerk-
Treasurer written verification from an independent and duly licensed certified public accountant
confirming any one of the following:
Showing that the business has experienced a decrease of fifteen percent
(15%) or more in gross sales during the first three (3) months after the
effective date of this ordinance compared to the same three (3) months of
the previous year.
Showing that any decrease in gross sales for the business during the first
six (6) months after the effective date of this ordinance is the direct and
primary result of complying with the provisions of this Chapter.
Submitted written proof must establish a comparison of sales receipts
during said six (6) months of compliance as compared with sales receipts
for the same six (6) months of the year prior to compliance together with
other evidence substantiating that such decrease in gross sales is the direct
and primary result of no-smoking in the restaurant.
B. In either case, it shall be the responsibility of the owner, manager or principal of
the business to demonstrate that the restaurant has complied with the requirements of this
Chapter and that any business losses were the result of compliance with this ordinance and not as
a result of other factors unrelated to this ordinance.
C. This subsection concerning hardship exemptions shall expire and be of no further
force or effect two years after the effective date of this ordinance."
SECTION II. This ordinance shall take effect immediately upon adoption by the
Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and
police power so requiring.
ADOPTED: December 9, 2002
Steven E. Sh~ffer, Ci~-y Man~ e~gr,,2' ~ '
ATTEST:
Ann Wulf, City Clerk-Treasurer
APPROVED AS *O FORM: fft]~tt/,.
City Attorney
MOTION BY: 0'Leary
SECOND BY: Steeber
COUNCILMEMBER AYE NAY PASS ABSENT
STEEBER X
MURPHY X
DAMRON X
WILLIAMS X
De GARMO X
BRIEN X
O'LEARY x
Proposed by:
Prepared by:
City Administration as Technical Amendment
City Attorney
Word/Wald/Ord Draft/No Smoking Tech All Hardship