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ORDINANCE NO. 3 ~1~ ~ O <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA AMENDING FOR TECHNICAL PURPOSES CHAPTER FOUR, ARTICLE <br />FOUR, SECTION 18.5 OF THE SOUTH BEND MUNICIPAL CODE <br />REGULATING ADULT BUSINESSES <br />STATEMENT OF PURPOSE AND INTENT <br />Chapter Four, Article Four, Section 18.5 of the South Bend Municipal Code regulating adult <br />businesses was enacted to further the City of South Bend's interest in controlling adverse secondary <br />effects associated with adult business, to protect the health safety and welfare of the citizenry; to <br />protect the community from crime and illicit activities; to preserve the quality of life; to preserve the <br />character of surrounding neighborhoods and to deter blight. <br />The legislative purpose remains in full force and effect. However, it is necessary to clarify <br />Section 18.5 of Chapter Four, Article Four of the South Bend Municipal Code so that it will fully <br />accomplish its objective in acontent-neutral manner consistent with state and federal constitutions. <br />For that reason the technical amendments set forth herein are in the best interests of the City of South <br />Bend and its citizens. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY <br />OF SOUTH BEND as follows: <br />Section I. That Chapter Four, Article Four, Subsection 18.5(b)(6)a. be and hereby is <br />amended to read as follows: <br />a. [Addresses] <br />1. The name, strcct business address (and mailing address if different) of the <br />intended operator. <br />2. The name,~lst~rcet business address (and mailing address ifdifferent) ofthe <br />owner(s) of the adult business. <br />Section II. That Chapter Four, Article Four, Subsection 18.5(h) be and hereby is amended <br />to read as follows: <br />h. Administrative and judicial review. <br />(1) An applicant may appeal the decision of the Controller regarding a refusal to <br />issue or renew a license as provided by subsection 4-16(b). Notwithstanding anythin~ in subsection <br />4-16(b) to the contrary aAny existin adult business <br />