Amending Chapter 21 Define Pool Halls or Billard Halls

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SUBSTITUTE ORDINANCE E NO. BILL ��16 94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE MUNICIPAL CODE TO DEFINE POOL HALLS OR BILLIARD HALLS AND TO ALLOW FOR THE PROMOTION OF POOL HALLS OR BILLIARD HALLS IN THE DOWNTOWN AND EAST BANK AREAS, WITHOUT THE LOCATIONAL RESTRICTIONS OF SECTION 21-18 (b) . STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 21 of the Municipal Code to define pool halls or billiard halls and to allow for the promotion of pool halls or billiard halls in the downtown and East Bank areas, without the locational restrictions of Section 21-18 (b) . The Common Council of the City of South Bend determines that it is necessary to define the term pool hall or billiard hall for purposes of licensing and zoning. The Common Council of the City of South Bend also determines that the development of responsibly managed pool halls or billiard halls would increase economic viability and promote wholesome entertainment, and that it would be in the best interest of the City of South Bend to promote responsibly managed pool halls or billiard halls in the downtown and East Bank areas. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS : SECTION I . Chapter 21, Article 1, Section 21-1 (a) of the South Bend Municipal Code shall be, and hereby is, amended to read as follows : Sec. 21-1. Definitions. (a) As used in this chapter, unless otherwise provided: (1) Abandonment means the voluntary act or failure to act by the owner of a nonconforming use which evidences that the owner neither claims nor retains the right to exercise the nonconforming use.