HomeMy WebLinkAbout8639-95 Amending Chapter 4 Article 4 Sections 4-38 and 4-60 Exception Licensing Provisions Vendors at the 4H Fairgrounds •
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ORDINANCE No. 8639-95
Passed by the Common Council of the City of South Bend, Indiana.
November 27, 19 95
Attest: ` `" /C City Clerk
IRENE K. GAMMON
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana_
November 28, 95
19
City Clerk
IRENE K. GAMMON
Approved and signed by me hs se_ ` Ig
L
Mayor
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BILL NO. / (�
ORDINANCE NO. �✓Q w / -
A ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 4,ARTICLE 4,SECTIONS 4-38 AND 4-60 OF
THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF AN EXCEPTION
TO LICENSING PROVISIONS FOR VENDORS AT THE 4-H FAIRGROUNDS.
STATEMENT OF PURPOSE AND INTENT
It has come to the attention of the South Bend Common Council that vendors who wish to
exhibit at the St. Joseph County Fairgrounds may be required to each procure a license
from the City of South Bend.
Section 4-22 of the South Bend Municipal Code has exempted the St. Joseph County
Fairgrounds with regard to certain zoning restrictions.It is believed that further exceptions
for vendors who participate at the St. Joseph County Fairgrounds are necessary to allow
one annual license to be purchased by this non-for-profit agency to cover all vendors
within a calendar year.
It is believe that the following Ordinance is in the best interest of the City.
itoiu, tbtrttort, bt it Ortraintti bt the Common Coutuil of tix City of
iotttb Uithatta, as follows:
SECTION I. Chapter 4, Article 4, Section 4-38 of the South Bend Municipal Code
entitled"Open-Air Businesses" shall be amended by the inclusion of new paragraph (h)
which shall read in its entirety as follows:
(h) Exemptions. The provisions of this Section shall not apply to vendors
exhibiting upon the grounds of the St. Joseph County Fairgrounds. a non-for-profit
agency.
SECTION II. Chapter 4,Article 4, Section 4-60 (h) of the South Bend Municipal Code
shall be amended to read in its entirety as follows:
(h) Exemptions. Any person who has filed and received a charitable
solicitation permit pursuant to Section 4-55 of this Code shall be exempt from the
provisions of this Section. The provisions of this Section shall also not apply to vendors
exhibiting at the St. Joseph County Fairgrounds.a non-for-profit agency. however the St.
Joseph County Fairgrounds shall be required to obtain an annual transient merchant
license to cover all such transient merchants participating at the St. Joseph County
Fairgrounds for an annual license fee of$50.00.
SECTION III. This Ordinance shall be in full force and effect from and after its adoption
by the Common Council and approval by the Mayor.
Mem ''of the .mmon Council
finmmtttn - rport
cOlu tile Mom= Mountil of the (1C1tg of*until ilrnh:
Your Committee of the Whole
to whom was referred
BILL NO.
78-95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTIONS 4-38 AND
4-60 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF
AN EXCEPTION TO LICENSING PROVISIONS FOR VENDORS AT THE 4-
H FAIRGROUNDS
Respectfully report that they have examined the matter and that in their opinion
This bill has been recommended to the Council favorable.
Cleo Washington, Chairman
FREE PRESS sitigitio PUBLISHING CO.
......
City of South Bend
Common Council
County-City Building•South Bend,Indiana 46601
(219)235-9321
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Fax(219)235-9173
TDD(219)235-5567
Eugene Ladewski
President
November 8, 1995
Loretta Duda
Vice-President
Cleo Washington
Chairperson,Committee Members of the Common Council
of the Whole 4th Floor
Stephen Luecke County-City Building
First District South Bend, In 46601
Cleo Washington RE: St. Joseph County Fairgrounds
Second District
Dear Council Members:
Roland Kelly
Third District I am introducing the attached Ordinance to address a problem that has recently
Ann Puzzello arisen pertaining to the St. Joseph County Fairgrounds.
Fourth District You will recall that the South Bend Common Council in the 1980's passed an
Linas Slavinskas Ordinance which exempted that St. Joseph County Fairgrounds from being
Fifth District required to come each time before the South Bend Common Council in light of
the zoning restrictions associated with the Fairgrounds. This exception is
Thomas Zakrzewski included in Section 4-22 (k)of the South Bend Municipal Code.
Sixth District
The attached Ordinance is similar in nature,except that it provides to licensing
Sean Coleman provisions.More specifically,it exempts vendors who exhibit at that St.Joseph
At Large County Fairgrounds from individually being required to procure either an open-
air stand license or a transient merchant license. Instead, it calls for the St.
Loretta Duda Joseph Fairgrounds, a non-for-profit entity, to procure one transient merchant
At Large license for a total cost of$50.00 per year to cover all vendors.
Eugene Ladewski
At Large We have never had a problem with vendors at the St. Joseph County
Fairgrounds. In fact, such vendors bring people and money to our community.
Kathleen Cekanski-Farrand I believe the current interpretation of the licensing regulations overly regulates
Council Attorney vendors at the St. Joseph County Fairgrounds and thus an exemption is
necessary.
I look forward to discussing this proposed ordinance with you and seek your
assistance in its passage. Thank you.
Sincerely,
Linas"Lee"K. Slavinskas
Fifth District Council Member
Attachments