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

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PUBLIC SAFETY REQUIREMENTS FOR LARGEEATING/DRINKING ESTABLISHMEP]'I'S ORDINANCE PAGE 5 of the City Clerk, and the Chairperson of the Council's Health and Public Safety Committee by November 1st of each year. (c) The Board shall authorize the City Attorney's Office to take all appropriate legal action against any establishment not complying with the reporting provisions of this Article, with a copy of that request being copied to the positions listed in paragraph (b) of this section. (d) Following the receipt of the Board's report, the Chief of Police shall meet with the Council's Health and Public Safety Committee no later than November 15th of each year. At such meeting the calls for service to all such establishments shall be reviewed in light of the Board's report. Discussion and further development of broad-based community partnerships to address public safety concerns shall be addressed. Sec. 14-26 REQUIRED PUBLIC SAFETY ANNOUNCEMENTS. (a) The owner(s), operator(s) or manager(s) of all establishments meeting the criteria set forth in Sec. 14-21 with regard type of establishment, occupancy, and hours of operation shall be required to have public service announcements made each hour beginning at 10 p.m. until closing on each business day when the occupancy of the establishment is at fifty percent (50%) or greater. Establishments which have concerts or similar events shall be required to make such announcement during intermission instead of hourly. (b) Such public service announcements shall be made by microphone and shall give notice of all of the locations of the establishment's exists. (c) The owner(s) or operator(s) of all such establishments shall maintain a written copy of the public service announcement which is made and a written log detailing the time, date and person who made such announcement. All such documentation shall be maintained on a regular and consistent basis. Such documentation shall be open for inspection and review by an authorized official of the City of South Bend, and shall be maintained as a business record for two (2) years. (d) Establishments wishing a waiver to this Section, must petition the Board of Public Safety in writing and set forth the establishment's alternative plans to addressing safety concerns in this area. The Board of Public Safety shall have the final authority in this area. Sec.l4-27 PENALTIES. (a) Anyone violating any of the provisions of this Article may be subject to the following penalties: (1) Citations: For the first violation in a calendar year, a citation shall be issued to the violator imposing a fine of one hundred dollars ($ 100.00). The citation issued under this Article shall contain the date, time, name and address of establishment, the South Bend Municipal Code section violated, the nature of the violation, the name of the officer issuing the citation and instructions as to the disposition of the citation. For the second violation in a calendar year, a citation shall be issued to the violator imposing a fine of three hundred fifty dollars ($350.00). For the third violation in a calendar year, a citation shall be issued to the violator imposing a fine of five hundred dollars ($ 500.00).