Urging the Indiana Alcoholic Beverage Commission to Reconsider its Policy Regarding the Sale of Alcoholic Beverages at the Same Location Where Motor Vehicle Fuel is Sold

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RESOLUTION NO. 1 ?1+ 44 — j A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE INDIANA ALCOHOLIC BEVERAGE COMMISSION TO RECONSIDER ITS POLICY REGARDING THE SALE OF ALCOHOLIC BEVERAGES AT THE SAME LOCATION WHERE MOTOR VEHICLE FUEL IS SOLD WHEREAS, the Common Council of the City of South Bend, Indiana, acknowledges that the Indiana Alcoholic Beverage Commission has specific powers and duties pursuant to Indiana Code Section. 7.1 -2 -3-4 and 90.5 IAC,1 -2 -1 et. sue.; and WHEREAS, the Council further acknowledges that the Alcoholic Beverage Board of St. Joseph County, pursuant to Indiana Code Section. 7.1- 2-4 -1, is regulated by the Indiana Alcoholic Beverage Commission as to its procedures and investigations as addressed in Indiana Code Section. 7.1- 2 -3 -21; and WHEREAS, the Alcoholic Beverage Board of St. Joseph County has had a long standing policy which prohibits the sale of alcoholic beverages at the same location where fuel, gasoline and other petroleum products for motor vehicles are sold; and WHEREAS, the Common Council believes that such a local policy properly represents the public safety concerns of our community, and specifically notes that the local Board has consistently implemented this policy; and WHEREAS, the Common Council is concerned over the new direction which the Indiana Alcoholic Beverage Commission has taken by recently overuling the local Board's decision on such a request. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council of the City of South Bend, Indiana, acknowledges that the Indiana Alcoholic Beverage Commission and the Alcoholic Beverage Board of St. Joseph County have specific powers and duties granted to it by State legislation. SECTION II. The Common Council believes that the Indiana Alcoholic Beverage Commission should re- evaluate the new direction it has recently taken in reversing the local Board's decision which denied the sale of alcoholic beverages at the same location where fuel, gasoline, and other petroleum products are proposed to be sold. SECTION III. The Common Council firmly supports the Alcoholic Beverage Board of St. Joseph County and its long standing policy to deny such requests since our local policy is firmly supported by overiding public health and safety concerns. SECTION IV. This Resolution shall be in full force and effect after its a�eption�he Common Council and approval by the Mayor. �� Linas Slavinskas, Fifth District Sean Coleman, Coleman, At -Large Irene Gammon, City Clerk on ez dski, and District A uzzello, Fourth ct Thomas- Zak;4wski. Siarth District Lor a Duda, At -Large Eur La ewsl ', At -Large Jo . Kernan, Mayor