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SUBSTITUTE <br />(Version 3, as amended) <br />BILL NO. <br />ORDINANCE NO. r7 3 '? 9- K q <br />AN ORDINANCE AMENDING CHAPTER 21 OF THE MUNICIPAL CODE <br />OF THE CITY OF SOUTH BEND REGULATING CONTROLLED USES <br />STATEMENT OF PURPOSE AND INTENT: <br />The Common Council of the City of South Bend, Indiana, <br />believes that it is in the best interest of the Community to promote <br />land use and economic development by excluding certain establishments <br />from the controlled use portion of the zoning ordinance. <br />BE IT THEREFORE ORDAINED BY THE COMMON COUNCIL OF THE CITY <br />OF SOUTH BEND, INDIANA, THAT THE SOUTH BEND MUNICIPAL CODE BE AMENDED <br />IN CHAPTER 21 AS FOLLOWS: <br />SECTION I. A new Section 21 -1 (12.5) be added as <br />follows: <br />(12.5) Cabaret means any establishment where persons <br />congregate or the purpose of eating, d inking, <br />dancing or singing and where musical or live <br />entertainment is provided. <br />SECTION II. Section 21 -1 (13.1) be amended as follows: <br />(13.1) Class A cabaret means any e-s- t -,ab-1-i i-t-,_ cabaret, <br />not including a Class B cabaret, or family restaurant, <br />wh-&- ro- -pe-r -soon, -c-4oq}gr -eg-a t-e- fir- -tom - pRi-rtpo -s-e- -o - -e-&t ingr <br />-daa'i-n& ter- mod- - ra -o-r- -17i-ve_ <br />which has on the premises an <br />area from which minors are excluded pursuant to I.C. <br />7.1- 5 -7 -9, 10 and 11. <br />SECTION III. <br />Section 21 -1 (13.2) be amended as follows: <br />(13.2) Class B cabaret means any cabaret, ot including a <br />Class A cabaret or family restaurant, which features <br />topless dancers, go -go dancers, exotic dancers, strippers, <br />male or female impersonators, or similar entertainment and <br />which has on the premises an area from which minors are <br />excluded pursuant to I.C. 7.1- 5 -7 -9, 10 and 11. <br />SECTION IV. Section 21 -1 (15.1) be amended as follows: <br />(15.1) Controlled uses means those uses of property which <br />arch ron non i7Pei ac havina cari nil c nhiortinnahIa <br />