08-28-00 Council Meeting Minutes

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REGULAR MEETING AUGUST 28, 2000 BILL NO. 28 -00 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER FOUR, ARTICLE FOUR, SECTION 18.5 OF THE SOUTH BEND MUNICIPAL CODE REGARDING ADULT BUSINESSES Councilmember King made a motion to consider the substitute version of this bill as amended. Councilmember Varner seconded the motion which carried. Mayor Stephen Luecke addressed the Council and thanked them for the thorough study they have given to this issue. He noted that the City has invested many dollars in the southeast side and the South Gateway Corridor leading into the City. This was an effort to remove blighting influences and to make improvements to that corridor and to the surrounding neighborhood. The ordinance before the Council tonight is a tool that will help the City be successful in attracting new investment to this area and to prevent the negative secondary effects of sexually oriented businesses. The ordinance will minimize the secondary effects of adult businesses which are currently located on south Main and Michigan Streets. The secondary effects include increased crime, decreased property values and blighting effects. The ordinance will restrict the hours of operation between the hours of 10:00 p.m. and 7:00 a.m. as well to restrict adult business activity at the sites between those hours. It will require that doors on viewing booths be removed, it will prohibit contact between entertainers and patrons as well as no direct tipping. Mayor Luecke stated that he is in full support of this ordinance. He did note, however, that there are many opinions about the legality of the ordinance but the City is prepared to enforce and defend the ordinance. South Bend Chief of Police Larry Bennett, 1740 Winston Drive, South Bend, Indiana, indicated that he is in support of this ordinance. The Community Oriented Policing is in a partnership with the community and with the neighborhoods. This ordinance reflects the quality of life which is also what COP is about. The harmful secondary negative effects also effect the quality of life in the neighborhoods and the quality of life in the neighborhoods is paramount. He noted that the people have asked for a change and he agrees with that change. Mr. John Broden, City Attorney, 726 Beale Street, South Bend, Indiana, noted that in researching this ordinance, and in working with the Citizens for Community Values, business owners and residents, they have had the opportunity to research hundreds of ordinances and state statutes regulating adult businesses. It is clear from the research that no state legislature and no City Council, Town Council or County Council has been as thorough and as dedicated as this Common Council which is a tribute to Chairman, Andy Uj dak and all the Councilmembers who have attended meetings and provided input. The bill tonight is a better bill than the one the Council started with. He further noted that Citizens for Community Values came to the Mayor approximately eighteen (18) months ago and asked the City to consider changes and amendments that would strengthen the ordinance. Mr. Broden stated that he is happy to echo what the Mayor has said and they believe that these changes to the adult business ordinance will serve as another tool that will enhance the quality of life and reduce the secondary harmful negative effects that stem from adult businesses. He stated that they are anticipating litigation if the Council passes this ordinance and they have a partnership with the National Law Center in Virginia who has extensive knowledge in this area and the City will work with them if there is a challenge. Mr. Broden requested passage of this ordinance. Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Varner noted that the substitute bill and the amendments to this bill were discussed at the Committee meeting this afternoon and the purpose of those amendments was to firm up and make the ordinance more secure and to bring a better ordinance to the table this evening. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Joe Sergio, President, Sergio Corporation, 1919 South Michigan Street, South Bend, Indiana, and President of Citizens for Community Values, informed the Council that he became involved in