01-25-2021 Agenda Packet - Laserfiche WebLink

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SUBSTITUTE BILL NO. 57-20 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AMENDING ARTICLE 13, SECTION 14-123 OF THE SOUTH BEND MUNICIPAL CODE TO ADD DEFINITIONS FOR "CIGAR" AND "CIGARETTE", AMENDING ARTICLE 13 SECTION 14-124 OF THE SOUTH BEND MUNICIPAL CODE TO ELIMINATE "TOBACCO SPECIALTY BARS" AND "TOBACCO RETAIL STORES", FROM PLACES IN WHICH SMOKING IS PROHIBITED, AMENDING ARTICLE 13, SECTION 14-127 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE EXEMPTIONS FOR "TOBACCO SPECIAL TY BARS" AND "TOBACCO RETAIL STORES", AND ADDING SECTION 14-127 "SEVERABILITY" TO THE SOUTH BEND MUNICIPAL CODE. STATEMENT OF PURPOSE AND INTENT The purpose and intent of this Ordinance are to amend the Article 13 of the South Bend Municipal Code entitled" Smoke Free Air Regulations For Workplaces and Public Places" to include additional definitions for "cigar" and "cigarette" and to add exemptions to Article 13, Section 14-127, to permit cigar smoking in "tobacco specialty bars" and smoking in "tobacco retail stores" as permitted by Ind. Code 7.1-5-12-5. Such businesses are unique in that smoking certain types of tobacco products are an integral part of the business and necessary to meet the public demand for such "niche" businesses. Such public demand has led to the establishment of similar businesses in nearby jurisdictions that are not subject to the same comprehensive smoking ban that currently exists in South Bend. Smoking remains legal in the State of Indiana. This ordinance does not mandate any establishment to permit smoking. The additional exemptions established in this amended ordinance apply only to those establishments that voluntarily choose to permit smoking under the limited conditions provided for in the exemptions. The same or similar exemptions exist under Indiana statutes. Finally, the amendments add a severability clause to the City's "Smoke Free Air Regulations for Workplaces and Public Places" to permit the ordinances to remain in effect in the event that any part of the ordinances is declared to be invalid for any reason. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION .I. Article 13, Section 14-123 of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 14-123. -Definitions. Substitute Bill No. 57-20