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Home My WebLink About8643-95 Amending Chapter 21 Article 1 Section 21-1 Zoning Regulations Appicable to Adult Businesses 4it ORDINANCE No. 8643-95 Passed by the Common Council of the City of South Bend, Indiana. December 18, Yq 95 Attest: l( City Clerk IRENE K. GAMMON Attest: " ' r President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— December 19, 95 z9 City Clerk IRENE K. GAMMON Approved and signed by me � `^"- �� 19 cts-- C:7,14,004- Mayor ORDINANCE NO. 8 6413c96 . SUBSTITUTE BILL AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 1, SECTION 21-1 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING ZONING REGULATIONS APPLICABLE TO ADULT BUSINESSES STATEMENT OF PURPOSE AND INTENT It is a lawful and proper purpose of the Common Council of the City of South Bend, Indiana, to enact zoning and licensing ordinances to protect and promote the general welfare, health and safety of the residents of the City of South Bend. The Common Council of the City of South Bend determines that convincing documented evidence exists demonstrating that sexually oriented businesses, hereinafter defined and referred to as adult businesses, due to their nature, have a deleterious effect on their surroundings, particularly when they are located in close proximity to each other, contributing to a decline in property values and quality of life in adjacent areas and contributing to increased crime, including prostitution, and urban blight . The Common Council of the City of South Bend has previously adopted zoning ordinances requiring the dispersal, and regulating the location, of adult businesses within the City of South Bend. This ordinance amends certain definitions currently found within the City' s zoning ordinance, codified at Chapter 21 of the South Bend Municipal Code, to clarify certain definitions found therein pertaining to adult uses. This ordinance also adds to the definitions found at Chapter 21, the terms Escort, Escort Agency and Adult Motel, and classifies Escort Agencies and Adult Motels as adult uses, subject to the regulations of Chapter 21 concerning adult uses . The Common Council finds that the operation of an adult motel, as defined by this ordinance, in the City of South Bend suggests the likelihood that prostitution is occurring on the premises and warrants the characterization as an adult use. The Common Council also finds it advisable to implement certain licensing requirements for adult uses in order to support the intent of the zoning ordinance. An ordinance establishing such licensing requirements is to be considered by the Common Council at the same time as this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS : SECTION I . Section 21-1 (a) of the South Bend Municipal Code shall be and hereby is amended to modify certain definitions which definitions shall be amended to read as follows : Sec. 21. Definitions. (a) As used in this chapter, unless otherwise provided: * * * * Adult bookstore or adult video store means aft commercial establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which arc distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or spccificd anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: (A) books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or (B) instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities . A commercial establishment may have other business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an Adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an Adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas . A principal business purpose is understood to be a primary use of an establishment . * * * * Adult business means and shall include the following: a. Adult bookstore; b. Adult mini motion picture theater; c . Adult motel; e d. Adult motion picture theater; 4 e. Class B cabaret . f. Escort agency • * * * * Class B cabaret means any cabaret, not including a Class A or C cabaret or family restaurant, which features topless dancers, go go dancers, exotic danccrs, strippers, male or female impersonators, or similar entertainment : (A) persons who appear in a state of semi-nudity; or (B) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or (C) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or (D) persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers . * * * * Specified sexual activities means and includes any of the following: a. Human genitals in a state of sexual stimulation or arousal; b. Acts of human masturbation, actual or simulated, sexual intercourse, actual or simulated, oral copulation or sodomy; or c. Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast; d. Excretory functions as part of or in connection with any of the activities set forth in a. through c. above. SECTION II . Section 21-1 (a) of the South Bend Municipal Code shall be and hereby is amended to add the following definition: Sec. 21. Definitions. (a) As used in this chapter, unless otherwise provided: * * * * Adult Motel means a hotel, motel or similar commercial establishment which: (A) offers a sleeping room for rent for a period of time that is less than eighteen (18) hours, with rental rates specifically tied to periods of less than eighteen (18) hours; or (B) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than twenty-four (24) hours . * * * * Escort means a person who, for consideration, agrees or offers to act as a date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. * * * * Escort Agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. * * * * Semi-nude means a state of dress in which clothing covers no more than the human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if completely and opaquely covered. SECTION III . The definitions contained at Section 21- 1 (a) of the South Bend Municipal Code, including those that are modified or added by this ordinance, shall be set forth therein alphabetically. SECTION IV. If any one or more of the provisions contained in this ordinance shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this ordinance shall be construed as if such invalid, illegal or unenforceable provision was not contained therein. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and proper legal public n. ember, Sout end Common Council Filed In Clerks Office 1st READING ' Punic HEARING /2—/ NOV 2 8 1995 3rd READING /Z-- /$-95 i OT APPROVED 1iiENEOAMMON REFERRED CITYCLERK,SO EEND,IN. PASSED /L—/g—q6 [is mere oeD atummtttrt ?Amid - 010 tile Tam= Mundt of tip fait J of*until intb: Your Committee of the Whole to whom was referred BILL NO. 74-95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ZONING" Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable, as amended by substitution. Cleo Washington, Chairman FRES PRESS oBIEW PUBLISHING CO. ''' ,''''SOUTH e--- _ City of South Bend Common Council ��\ ACE/i!�', =_-� �� County-City Building•South Bend,Indiana 46601 (219)235-9321 1865 Fax(219)235-9173 TDD(219)235-5567 Eugene Ladewski President November 7, 1995 Loretta Duda Vice-President Cleo Washington Mr. Gene Ladewski, President Chairperson, Committee South Bend Common Council of the Whole 4th Floor, County-City Building South Bend, IN 46601 Stephen Luecke First District Re: An Ordinance of The Common Council of the City of South Bend, Indiana Amending Chapter 21 of the Cleo Washington South Bend Municipal Code Entitled "Zoning" Second District An Ordinance of the Common Council of the City of Roland Kelly South Bend, Indiana, Amending Various Sections of Third District Chapter 4 of the South Bend Municipal Code Entitled "Licensing" Ann Puzzello Fourth District Dear Mr. Ladewski: Linas Slavinskas I am attaching for filing the above-referenced Fifth District ordinances, which I am filing by title only. I anticipate filing the full text of each of these ordinances within the Thomas Zakrzewski next few weeks. It is my desire that the public hearing and Sixth District council action on these ordinances occur at the Council's meeting of December 18, 1995. Sean Coleman At Large The ordinances are companion ordinances which will enact zoning and licensing provisions regulating the Loretta Duda location and operation of adult businesses within the City At Large of South Bend, to assure the dispersal of these businesses and to combat negative secondary effects associated with Eugene Ladewski such businesses. At Large Your favorable consideration is respectfully Kathleen Cekanski-Farrandrequested. Council Attorney Since ly, .......r,e- ...Z....4„./ Lee Slavinskas LS/jl Attachments Flied in Clerk's Office NOV - 7 '1995 IAENEGAUMON