01/22/1979 Board of Public Works Minutes

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• REGULAR MEETING JANUARY 22, 1979 Mr. Potts noted that a public hearing was held by the Area Plan Commission and the only question raised at that hearing was access to 20th Street. He indicated that IUSB owns the property going south except for one parcel owned by St. Joseph County, the site of the Parkview Detention Home. He said the vacated street will be used as access to the IUSB parking lot. Mr. Brunner asked if that portion of Vine Street would remain open. Mr. Potts said present plans' are to 'u.se the street as access to the parking lot and he knew of no other plans at this time. There were no citizens present to speak on the proposed vacation. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, Vacation Resolution No. 3466 was confirmed and the Board directed that an Assessment Roll of benefits and damages to abutting property be prepared. FILING OF'REPORT'ON PUBLIC DANCE HALL APPLICATION The application of Anna M. Phillips to operate a Public Dance Hall at 2201 Bertrand is presently under review by various City departments. The following recommendation was submitted to the Board by the Police Department: "After a complete and thorough investigation of the application for a City Dance Hall Permit at 2201 Bertrand Street, South Bend, Indiana, requested by one Anna M. Phillips, it is the Police Department's opinion that the permit be denied. Reasons for this denial are as follows: It is the applicant's position that minors (under 21 years) will be the mainstay of the patronage. The location of 2201 Bertrand Street is presently a licensed premise to keep and sell alcoholic beverages, known as Kubiaks Nit& Cap The owner is one Edward Kubiak. According to Indiana State Law 7.1- 5 -7 -10, it is unlawful for minors to be in a tavern and it is unlawful for a permittee to allow minors on the permit premises. According to the Alcoholic Beverage Commission, 2201 Bertrand Street„ is a licensed permit premises. and it is a tavern whether alcoholic beverages are visible or non - visible and whether alcoholic beverages are being sold or not. Further, it is also a violation of ABC rules and regulations for any leasing of the permit premises for any other reason than to sell alcoholic beverages. The owner of the permit premises (Mr. Edward Kubiak) must first surrender his alcoholic beverage license to the ABC before anyone can lease or operate anything other than a tavern at 2201 Bertrand Street. Underage persons frequenting 2201 Bertrand are subject to arrest as does the owner Mr. Kubiak if this operation (dance) is permitted to operate. Further, a Disco was held at 2201 Bertrand on 12 -15 -78 in violation of the law, by a Mr. Edward Kubiak and a Tom Phillips. Underage patrons were highly visible at that time. No city permits were applied for on that occasion and the "Disco" was held in both violation of Indiana State Law and City ordinances. . Police Chief Michael C. Borkowski By Captain Vinson Smith it 1