06-13-11 Common Council Meeting Minutes

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REGULAR MEETING JUNE 13, 2011 Council President Dieter asked that if anyone could come into the store at 4:00 a.m. and buy ammunition. Mr. Calderone stated that he believes that there are time limitations. Mr. Scott Ruoff, Store Manager, Wal-Mart, 700 W. Ireland Road, South Bend, Indiana, Residing at 51563 Terri Brooke Drive, Granger, Indiana, stated that all of their ammunition is in locked cases except for shot gun shells. If someone wanted to purchase at night they have to get a member of management to unlock the case walk the customer and the ammunition to the front of the store and then check out. Councilmember Dieter asked if they could purchase ammunition at 4:00 in the morning. Mr. Ruoff stated yes they could. He stated that there is no time limitation. Mr. Calderone stated that gun sales have restricted hours. Council Attorney Kathleen Cekanski-Farrand stated that the new gun law that takes effect July 1, 2011 does address ammunition and that there will be restriction on time. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak in favor of this bill. The following individuals spoke in opposition. Jolene Kochy, 215 W. Broadway, South Bend, Indiana, spoke in opposition to this bill. She stated that Wal-Mart is a large chain store and what the media is reporting that they are going to sell amour piecing ammunition. She stated that she just doesn’t think that this is safe. She stated that people are always breaking into locked cases and stealing merchandise, it doesn’t deter them at all. Rev. Greg Brown, 1238 Diamond, South Bend, Indiana, stated that he is very against this special exception. He stated that he is a youth minister in this community and lived on Diamond Street for 47 years. He stated that the other day he was approached at King Center by a 13 year old that told him that a gentlemen had come up to him and asked him to load up a book bag with ammunition and bring it out of the automotive department. So when kids tell him something he investigates the situation. He stated that he went to Wal-Mart to see for himself what was going on. When he went to Wal-Mart what he saw was a case with some bullets secure and the shot gun shells not secure. The fire exit door is right by the ammunition and what is going on is the kids are taking the ammunition out the fire exit door untouched. He stated that you have to be buzzed out to come out of the automotive, but not buzzed in and as the adult walks in the kid walks out. He stated that he went to the Wal-Mart on Portage because he lives just a few miles down the street. He stated that he asked the Manager for five (5) boxes of ammunition of shot gun shells and five (5) boxes of 9 mm. He said that the manager said that he had to get a key and was going to sell them to him and the manager placed the ammunition on the counter. Rev. Brown said that he told him never mind. He stated that there are gun shops that sell guns and ammunition, Wal-Mart is not the place to sell those things. Rev. Brown stated that he has been to several Wal-Marts in the area and they all have different procedures. Rev. Brown stated that he expects the Council to be behind him on this. Rev. Brown stated that if he can’t buy a beer at 3 o’clock in the morning but he can walk into Wal-Mart and buy all the ammunition he wants, this is a sad community. In rebuttal, Mr. Calderone stated that the lady and gentlemen have every right to speak and say their piece. Mr. Calderone reiterated that the ammunition sales are not regulated under this petition nor is it under the zoning ordinance. He stated that what they have tried to tendered goes beyond what the city’s zoning ordinance requires in terms of the findings for a Special Exception because they want to be a good corporate citizen and that they are good corporate citizens in terms of cooperating with the city and the police 31