Monday, January 24, 2011

Please Review Exemptions After 100 Day Deadline!

Dear County Executive Dooley,

County establishments currently exempt from the smoking ban have to prove to the Director of Revenue within 100 days that they qualify for an exemption from the smoking ban. Many, many establishments like Hot Shots, though they clearly believed they would be exempt at the time the smoking ban passed in 2009, might well not remain exempt after the Director of Revenue reviews their application. Why not wait to see how many establishments are still exempt after the 100 day deadline? The number might be close to former Councilman Barbara Fraser's original projection. Why not hold off action until then? Here is the 100 day requirement set forth in the smoking ban:

"2. Any drinking establishment granted an exemption under subsection (b) above shall submit to the Director of Revenue, no more than one hundred (100) days after issuance of a certificate of exemption, a signed and notarized statement by the owner or operator identifying the actual gross revenue and liquor sales for the previous ninety (90) days of operation. The Director of Revenue shall suspend or revoke any certificate of exemption issued under subsection (b) if this certification is not timely provided or if the certificate fails to demonstrate that the drinking establishment derived a maximum of twenty-five (25) percent of its gross revenue from the sale of food during that period."


Bill Hannegan