8644-95 Amending Chapter 4 Licensing Section 4-18.5 Licensing of Adult Businesses

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ORDINANCE NO. • gq_q5 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED LICENSING TO ADD SECTION 4-18 .5 ADDRESSING THE LICENSING OF ADULT BUSINESSES AND MAKING OTHER CHANGES TO CHAPTER 4 STATEMENT OF PURPOSE AND INTENT There is convincing documented evidence that sexually oriented businesses, hereinafter defined and referred to as adult businesses, due to their nature, have a deleterious effect on their surroundings, particularly when they are located in close proximity to each other, contributing to a decline in property values and quality of life in adjacent areas and contributing to increased crime, including prostitution, and urban blight . Located within many adult businesses are enclosed booths for the viewing of adult-oriented movies, videos, films or other forms of adult entertainment . It has been found that these types of viewing booths have been and are being used by patrons for engaging in sexual acts, including masturbation, intercourse, sodomy, and oral copulation, resulting in unsafe and unsanitary conditions in said booths . The Common Council has considered the effects of the concentration and operation of adult businesses within the City of South Bend, has determined the need to establish and reinforce locational restrictions and in support of the goals of the same to establish a licensing scheme governing the operation of adult businesses within the City of South Bend, and has determined the need to adopt the locational restrictions embodied in Bill 74-95, considered contemporaneously with this Bill, and the to adopt the licensing scheme set forth below, in order to combat the deleterious effect of adult businesses on their surroundings, and to protect the public heath, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE -CITY OF SOUTH BEND, INDIANA, AS FOLLOWS : / SECTION I . Section 4-15 of the South Bend Municipal Code shall be and hereby is amended to read as follows : Sec. 4-15. Warnings and citations. (a) Upon learning that a business requiring a license under this chapter is doing business without a license or is operating in violation of its license, the Controller may: