06-12-00 Health & Public Safety - Laserfiche WebLink

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Qommitt ort: *MO anti )ttbltt §afiztv tlCommitt The June 12,2000 meeting of the Health and Public Safety Committee was called to order by its Chairperson, Council Member Andrew Ujdak at 5:05 p.m. In the Council Informal Meeting room. Persons in attendance included Council Members Aranowski, Pfeifer, Kelly, King, Varner, Ujdak, and White;Terry Bland of the &nab Vt1111 grit n , and Kathleen Cekanski- Farrand, Council Attorney. Council Member Ujdak noted that he had spoken with City Attorney John Broden at 2:15 p.m. And that he was to file a written request to continue Bill No. 00-28 addressing the licensing of adult businesses. Council Member Ujdak noted that everyone should have received a draft of proposed changes to the bill which were placed in each Council Member's mail boxes last Wednesday. He requested everyone to review this proposals so that they could be discussed. He also noted that Council Member White had the opportunity to talk with the Attorney General last week when she was in town and formally requested an attorney general's opinion on the matter. Council Member Ujdak noted that the Indiana Attorney General's office had been in contact with him last week and the they were working on the Council's request. It is anticipated that the advisory opinion should be received by June 30, 2000. The Council Attorney raised the issue of payment for the services of the "constitutional scholar"which was suggested at last Monday's Committee meeting. Dr. Varner suggested that the fees be split between the Administration and the Council. Council President Pfeifer agreed with that arrangement since the proposed ordinance was initiated by the City Administration and since the Council made the formal request to the Attorney General's Office for an advisory opinion to which Mr. Broden agreed. Dr. Varner suggested that the penalty provision be reviewed to make sure that it would specifically address violations if an entertainer or manager were not properly licensed. Council Member Ujdak welcomed the suggestion. Council Member Ujdak noted that the First Amendment Association's attorney is in the process of being retained by the local adult business owners. This is the same organization which challenged the Delaware regulations. Council Member Ujdak voiced concerns that he believes the City should be on solid legal grounds and should completely do their homework on the proposed ordinance before a Council vote is taken. He noted that the biggest issue will focus on pre-emption. Council President Pfeifer noted that it should be a solid ordinance; and Council Member King noted that he agreed that the advisory opinion from the Indiana Attorney General's Office should be in existence before final action is taken. Following a series of telephone calls to the City Attorney's Office and checking with the Office of the City Clerk, a letter from Mr. Broden requesting the continuance could not be located. Council Member Ujdak then discovered that Mr. Broden's letter had been placed in his mail box (copy attached)which formally requested that the adult business ordinance be continued until the Health and Public Safety Committee