9432-03 Amend Chapter 14, Inclusion of New Article 5 Entitled Public Safety Requirements for Large Eating/ Drinking Establishments

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Ordinance No. ~ 32-03 Substitute Bill No. 23-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 5 ENTITLED PUBLIC SAFETY REQUIREMENTS FOR LARGE EATING/DRINKING ESTABLISHMENTS STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, acknowledges that a significant amount of public and private investment has taken place in the downtown and East Bank areas which has enhanced the overall development of these areas of the City. As a result of such investment, these azeas of the City are becoming growing and thriving entertainment centers which attract many residents and visitors. The Council further acknowledges, that in some instances, the in esponsible consumption of alcoholic beverages has resulted in a variety of increased risks not only to the individuals consuming such adult beverages, but also to the general public and surrounding neighborhoods. The Common Council believes that there should be a reasonable balance of governmental regulations, industry self-regulation, and individual responsibility with regazd to policies governing large establishments where alcohol is served. The Council further believes that programs should be in place which encourage and promote ongoing dialogue between these entities, and that partnerships involving the alcoholic beverage industry and lazge serving establishments, the neighborhoods in which they are located, and the local governmental officials need to be established and maintained for the betterment of the community. Based on the increased number of public safety instances, primarily in the downtown azea of South Bend, it has been determined that additional public safety regulations are needed to properly address the increasing concerns with regard to guarding the public's health, safety and welfare. Accordingly, the Common Council has concluded that the prevention and/or reduction of alcohol-related violence requires responsible legislative action. Therefore, the following public safety regulations are deemed necessary and in the public interest. These regulations focus on three (3) primary azeas: (1) to require server intervention programs to be developed as a means of preventing harm; (2) to require responsible management practices which aze aimed at reducing violence in and azound licensed premises which serve alcoholic beverages; and (3) to require trained security at such establishments. All of the proposed regulations are based on the principles set forth in the "Home Rule" legislation of Indiana Code § 36-1-3-1 et seq., and Indiana Code § 36-8-2-4 which authorizes the city to regulate conduct or the use or possession of property which might endanger the public health, safety or welfaze. ~OYp, f~~r~~or~, b~ it orDa~itt~~ b~ f~J~ ~Lommott ~Coutt~iz oi' ~~ (~it~ oi' ~ou~ ~~, ~lt~i~it~, as follows: Section I. Chapter 14 entitled "Specific Public Safety Regulations" of the South Bend Municipal Code is hereby amended by the inclusion of new Article 5 which shall read in its entirety as follows: