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Home My WebLink AboutAmending Chapter 4 Licensing of Pool Halls add Adult Businesses scheduling chart of licensing fees ORDINANCE NO. 8694-96 Passed by the Common Council of the City of South Bend, Indiana. July 22, 19 96 � � Attest. L _ City Clerk LORETTA J/DUD Attest: %-% -e President o f Common Council Presented by me to the Mayor of the City of South Bend, Indiana— July 23, 96 19 f C f 4 City Clerk LORETTA J. 2 DA Approved and.signed by me 4 19_26_ ° ,4 Mayor • • • ORDINANCE NO. q . . AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE MUNICIPAL CODE TO PROVIDE FOR LICENSING OF POOL HALLS AND TO ADD ADULT BUSINESSES TO THE SCHEDULING CHART OF LICENSING FEES STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 4 of the Municipal Code to provide for licensing of pool halls, and to add adult businesses to the scheduling chart of licensing fees . The Common Council of the City of South Bend determines that pool halls may have a deleterious effect on their surroundings and on the public health, safety and welfare if they are not controlled and licensed so as to prevent crime and activity which contributes to urban blight and a decrease in property values . The Common Council of the City of South Bend also recognizes that the development of responsibly managed pool halls would increase economic viability and promote wholesome entertainment . NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS : SECTION I . Chapter 4, Article 3, Section 4-17, subsection (c) of the South Bend Municipal Code shall be, and hereby is, amended to read as follows : Sec. 4-17. Businesses requiring a license. (c) Regulated business : (1) Adult business . (2) Arborist, tree service. (3) Carnivals and circuses . (4) Automotive repair and service centers . (5) Food vending vehicles . (6) Hotels, motels . (7) Laundries, laundries (self-service) , self-service dry cleaners . (8) Massage parlors . (9) Massage technicians . (10) Open air stands . • (11) Peddlers and canvassers . (12) Outdoor motion picture theaters . (13) Paraphernalia (drug-related) . (14) Pool halls . (14) (15) Precious metals . (15) (16) Public parking facilities . (1G) (17) Recycling drop off centers . (17) (18) Restaurants . (18) (19) Restaurants with live entertainment, music (Class A and B cabarets) . (19) (20) Rubbish and garbage removal . (20) (21) Scrap metal dealers, transfer stations, recycling operations, junk dealers . (21) (22) Secondhand dealers . (22) (23) Solicitations, charitable. (23) (24) Taxicabs . (24) (25) Transient merchants . (25) (26) Vehicle removal service. SECTION II . Chapter 4, Article, 4 of the South Bend Municipal Code shall be, and hereby is, amended to add the following section: Sec. 4-36. Pool halls. (a) Definition. Pool halls as defined in Chapter 21 of this Code shall be subject to the licensing provisions of this section. (b) License required. No person shall operate a pool hall who does not possess and conspicuously post a valid pool hall license within the premises . All persons operating a pool hall as of the effective date of this ordinance shall have ninety (90) days thereafter to apply for a license under this section. (c) Application. Each applicant for a license shall procure from the Office of the Controller an application for such license, which application shall include: (1) The name, address and telephone number of the proposed owner and operator of the pool hall . (2) The name, address and telephone number of the pool hall . (3) The number of employees . • • (4) The maximum number of patrons that can be served at one time . (d) Investigation. The Police Department shall conduct an investigation of each applicant for a pool hall license and shall attach a copy of the police record, if any, to the application for consideration by the Controller. (e) Inspection. The Building and Fire Departments shall inspect the premises to be used as a pool hall, and shall make recommendations to the Controller as to issuance of the license . (f) License issuance. The City Controller shall issue a pool hall license to all persons complying with this section upon the favorable recommendations of the Police, Building and Fire departments and the payment of a fifty dollar ($50 . 00) licensing fee. (q) License denial or revocation. The City Controller may deny a license, or revoke a license issued, to any person who fails to comply with the requirements of this section, who receives an unfavorable report or recommendation from the Police, Building or Fire Department, who knowingly allows illegal activity to occur on the premises of the pool hall, or for any reason stated in Section 4-16 of this Chapter. The denial or revocation of a pool hall license is governed by Section 4-16 of this Chapter. SECTION III . Chapter 4, Article 4, Section 4-64 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows : Sec. 4-64 . Chart of licensing fees. Regulated Activity Code Section Fee Adult Business 4-18 .5 $ 500 . 00 Arborist/tree service: 4-19 (a) Per vehicle 3 .50 (b) Per year 35 . 00 Automotive repair and service center 4-20 125 . 00 Carnivals and circuses : 4-22 (a) First day of operation 220 . 00 (b) succeeding days of operation 125 . 00 Fertilizer manufacturing facilities 4-23 220 . 00 • Regulated Activity Code Section Fee Food vending vehicle, per vehicle 4-25 25 . 00 Hotels and motels : 4-30 (a) Per room 2 .50 (b) Per establishment, minimum 30 . 00 Laundries, self-service and dry cleaners, self-service: 4-34 (a) Per room 2 .50 (b) Per establishment, minimum 60 . 00 Massage establishment, per year 4-35 55 . 00 Massage technicians, per year 4-35 55 . 00 Open-air stands : 4-38 55 . 00 (a) On private property: (1) Per day, with $30 . 00 minimum 5 .50 (2) Per year 200 . 00 (b) On public property: (1) Per day, with $30 . 00 minimum 5 .50 (2) Per year 250 . 00 Outdoor motion picture 4-40 175 . 00 Paraphernalia (drug related) 4-42 300 . 00 Public parking facilities, per parking space 4-39 1 .25 Peddlers, transient merchants and canvassers : 4-43 (a) Pack peddlers or canvassers : (1) Up to 10 days 25 . 00 (2) Per year 50 . 00 (b) Peddlers using a pushcart, wagon, motor vehicle or any type of vehicle: (1) Up to 10 days 30 . 00 (2) Per year 60 . 00 Pool halls 4-36 50 . 00 Precious metals 4-44 150 . 00 Restaurants, per year 4-45 (a) 0-75 seating capacity $ 50 . 00 (b) 76 and greater seating capacity 100 . 00 Restaurants with live entertainment and/or music (Class A and B cabarets) per year 4-46 30 . 00 Rubbish and garbage removal, per year 4-48 30 . 00 Regulated Activity Code Section Fee Scrap metal dealers, transfer stations, recycling operators and junk dealers, per year 4-51 250 . 00 Secondhand dealers, per year 4-53 55 . 00 Solicitations, charitable (fee to be determined by the Commission) 100 . 00 to 500 . 00 Taxicabs : 4-61 (a) Per driver, per year 5 .50 (b) Per vehicle, per year 40 . 00 Transient merchant : 4-60 (a) For up to 3 consecutive days 350 . 00 (b) For more than 3 consecutive days but less than 14 500 . 00 (c) For more than 14 days, but less than 1 year 1000 . 00 SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication as required by law. Member of the Common ouncil Flied In Clerk's Office St READING 6--/O- JUN - 5 1996 PUBLIC NEARING 7 22_94 3rd READING 7---2 _94 LORETTAJ. DUDA NOT APPROVED CITY CLERK,SO.RENO,IN. REFERRED � 2, 96 PASSED � COMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 44-96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE MUNICIPAL CODE TO PROVIDE FOR LICENSING OF POOL HALLS AND TO ADD ADULT BUSINESSES TO THE SCHEDULING CHART OF LICENSING FEES Respectfully report that they have examined the matter and that in their opinion this bill has been recommended to the Council favorably. Cleo Washington Chairman • • 4 . \ City of South Bend W Joseph E. Kernan,Mayor \1865 ei ear viia• Department of Law Richard A. Nussbaum, II Jenny Pitts Manier City Attorney Chief Assistant City Attorney June 5, 1996 Mr. Roland Kelly, President South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: An Ordinance of the Common Council of the City of South Bend, Indiana, Amending Chapter 4 of the Municipal Code to Provide for Licensing of Pool Halls and to Add Adult Businesses to the Scheduling Chart of Licensing Fees Dear Mr. Kelly: I am attaching for filing two Ordinances providing for the licensing of pool halls . Your favorable consideration is respectfully requested. Sincerely, Ann-Carol Simons Assistant City Attorney ACS/pjh Attachment Filed in Clerk's Office JUN 5 - 1996 LORETTA J. DUDA CITY CLERK,SO.BEM Ill. 1400 County-City Building•South Bend,Indiana 46601 •219/235-9241 •TDD 219/235-5567 Thomas L. Bodnar Anne E. Bruneel Aladean M. DeRose Jeffrey M.Jankowski Robert C. Rosenfeld Ann-Carol Simons