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Mr. Mangan noted that time and manner issues are regulated by licensing regulations and that place issues are regulated by zoning regulations. He further noted that their attorney would be available for training at no cost to the city. The Committee then began discussion of the"Delaware Case". Mr. Broden noted that this is a time case involving a 10 p.m.closing. Mr. Broden offered to provide copies of it later to the committee. It was not helpful on the pre-emption issue but does address time,place and manner issues. A Delaware state statute was involved. It was found to be reasonable and rational. Council Member Ujdak inquired into the number of affected businesses. Mr. Mangan stated he would provide that information, It was also noted that a Colorado case involves a 4 p.m. to midnight provision which was decided in 1990 and that there is also a New Jersey case addressing time issues. Dr. Varner noted that bar operations as opposed to adult businesses should also be considered. Council Member Aranowski suggested additional work in the area of the Indiana Alcoholic Beverage Commission and suggested that the City talk to the State Chairperson in light of the fact that properly licensed liquor establishments may stay open until 3 a.m. Mr. Broden noted that if a lawsuit was filed in all probability it would ask for injunctive relief Council Member Ujdak also encouraged the City Administration to have input from the ABC Indianapolis office. Council Member Ujdak noted that the next meeting would be next Tuesday at 3 p.m. There being no further business to come before the Committee, Council Member Ujdak adjourned the meeting at 5:05 p.m. Respectfully submitted, Council Member Andrew Ujdak, Chairperson Health and Public Safety Committee KCF:kmf Attachments Health and Public Safety Committe Meeting Minutes of May 10,2000 Page 4