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HomeMy WebLinkAbout8644-95 Amending Chapter 4 Licensing Section 4-18.5 Licensing of Adult Businesses ORDINANCE No. 8644-95 Passed by the Common Council of the City of South Bend, Indiana. December 18, r9 95 Attest: e �� ^,.--�✓ City Clerk IRENE K. GAMMON C ■ Attest: ' President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana December 19, 95 19 City Clerk IRENE K. GAMMON Approved and signed by me 19 ��- Mayor ORDINANCE NO. • gq_q5 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED LICENSING TO ADD SECTION 4-18 .5 ADDRESSING THE LICENSING OF ADULT BUSINESSES AND MAKING OTHER CHANGES TO CHAPTER 4 STATEMENT OF PURPOSE AND INTENT There is convincing documented evidence 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 . Located within many adult businesses are enclosed booths for the viewing of adult-oriented movies, videos, films or other forms of adult entertainment . It has been found that these types of viewing booths have been and are being used by patrons for engaging in sexual acts, including masturbation, intercourse, sodomy, and oral copulation, resulting in unsafe and unsanitary conditions in said booths . The Common Council has considered the effects of the concentration and operation of adult businesses within the City of South Bend, has determined the need to establish and reinforce locational restrictions and in support of the goals of the same to establish a licensing scheme governing the operation of adult businesses within the City of South Bend, and has determined the need to adopt the locational restrictions embodied in Bill 74-95, considered contemporaneously with this Bill, and the to adopt the licensing scheme set forth below, in order to combat the deleterious effect of adult businesses on their surroundings, and to protect the public heath, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE -CITY OF SOUTH BEND, INDIANA, AS FOLLOWS : / SECTION I . Section 4-15 of the South Bend Municipal Code shall be and hereby is amended to read as follows : Sec. 4-15. Warnings and citations. (a) Upon learning that a business requiring a license under this chapter is doing business without a license or is operating in violation of its license, the Controller may: (1) Issue a warning notice to the violator stating that he is in violation, that he has seven (7) days in which to apply for a license or correct the violation and that failure to do so may result in a citation being issued for the violation; or (2) Request that a citation be issued to the violator imposing a fifty dollar ($50 . 00) fine. Each subsequent day of violation shall be considered a separate offense for which a citation may be issued; or (3) Seek injunctive relief and/or monetary penalties . (b) The warning notice issued under this chapter shall contain the date, time, name and address of the violator, the Code section violated, nature of the violation, location of the violation, the name of the officer issuing the warning notice and the telephone number of the office to contact for information. (c) The citation issued under this chapter shall contain the date, time, name and address of the violator, the code section violated, the nature of the violation, location of the violation, the name of the officer issuing the citation and instructions as to disposition of the citations. SECTION II . Section 4-16 of the South Bend Municipal Code shall be and hereby is amended to read as follows : Sec. 4-16. Refusal to issue; suspension or revocation of licenses. (a) The City Controller may refuse to issue a license and any license issued pursuant to this Code may be suspended or revoked by the City Controller after rcaconablc written notice and hearing for any cause provided in Article 4 of this Chapter 4 pertaining to specific business regulations, or for any of the following causes : (1) Any fraud, material misrepresentation or false statement contained in application for license; (2) Any fraud, material misrepresentation or false statement made in connection with the selling of goods, wares, merchandise and services; (3) Any willful violation of a term or condition of a license; (4) Any willful activity in violation of a statute or provision of this Code related to the licensed business; • (5) Conducting the activity in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, welfare of the public . (b) Unless provision is made under this Code for review before a specified body or board, an applicant for or holder of any license who has been aggrieved as a result of the refusal to issue or renew a license or the suspension or revocation of any license issued pursuant to this Code, shall have the right to request a hearing to review such refusal to issue or renew, suspension or revocation before the Mayor or his designee. Noticc of hearing for the refusal to issue a license or thc suspension or revocation of a license shall be in writing given by thc Mayor or dcsigncc setting forth specifically thc cause or causes for thc hearing. Service of such notice shall be made by either personal service, which shall be certified, or by certified mail, return receipt requested, to the applicant or licensee at the last known address, at lest five (5) days prior to the date set for the hearing. The Controller shall issue written notice to the applicant/licensee at the address supplied on the application, setting forth the reasons why the license was denied, suspended or revoked, and informing the applicant/licensee of its right to request a hearing concerning the denial, suspension or revocation. Such a request must be mailed or personally delivered by the applicant/licensee within ten (10) days of the date the notice was mailed by the Controller. Upon receipt of a request for hearing, the Mayor or his designee shall schedule a hearing, to be held within seven (7) business days of the Controller' s receipt of the request . Except as otherwise provided in this Chapter, upon the receipt of notice of the refusal to issue or renew a license, the applicant/licensee may not operate and must cease the conduct of the business in question. The timely filing of a request for a hearing concerning a notice of suspension or revocation shall stay the suspension or revocation until the Mayor or his designee makes a final decision, unless the Controller determines that continued operation of the business constitutes an imminent and serious threat to the public health or safety, in which case the Controller shall take or cause to be taken such action as is necessary to enforce immediately the suspension or revocation. (c) The Mayor or his designee may issue subpoenas to compel the attendance of witnesses, administer oaths to those witnesses, and require them to testify. The Indiana Rules of Procedure shall apply to these proceedings to the extent they can be applied. (d) The Mayor or his designee shall file a copy of his findings and determination with the City Controller and the applicant within twenty—four (24) hours after it is made. (e) In case of refusal to issue a license or the suspension or revocation of a license as herein provided, no portion of the application or license fee shall be returned to the applicant or licensee. (f) Any suspension or revocation hereunder may be either in addition to or instead of any penalty or fine as prescribed in this Code. (g) Unless otherwise provided herein, .-the order of the Mayor or his designate shall be the final municipal action for the purpose of judicial review. SECTION III . Section 4-17 of the South Bend Municipal Code shall be and hereby is amended to read as follows : Sec. 4-17 . Businesses requiring a license. (a) The following businesses shall be licensed and charged the fee so designated. Every business which fails to obtain a proper renewal license by January 31 of each year shall be assessed an additional late fee of ten (10) percent of the total fee charged, which shall be paid prior to the issuance of a license. (b) In the event an application for license is made after September 1 of each year, the fee shall be prorated to one-half (V2) of the yearly license fee. (c) Regulated business : (1) Adult business . (1) (2) Arborist, tree service. (2) (3) Carnivals and circuses . (3) (4) Automotive repair and service centers. (4) (5) Food vending vehicles . (5) (6) Hotels, motels . (6) (7) Laundries, laundries (self-service) , self- -service dry cleaners . (7) (8) Massage parlors . (8) (9) Massage technicians . (9) (10) Open air stands . (10) (11) Peddlers and canvassers . (11) (12) Outdoor motion picture theaters . (12) (13) Paraphernalia (drug-related) . (13) (14) Precious metals . (14) (15) Public parking facilities . (15) (16) Recycling drop off centers . (16) (17) Restaurants . (17) (18) Restaurants with live entertainment, music (Class A and Class B cabarets) (18) (19) Rubbish and garbage removal . (19) (20) Scrap metal dealers, transfer stations, recycling operations, junk dealers . (20) (21) Secondhand dealers . (21) (22) Solicitations, charitable. (22) (23) Taxicabs . (23) (24) Transient merchants . (2d) (25) Vehicle removal service. SECTION IV. Chapter 4 of the South Bend Municipal Code shall be and hereby is amended to add an additional Section concerning the licensing of Adult Businesses, which licensing provisions shall be found at Chapter 4, Article 4, Section 4-18 .5 and which shall read as follows : Sec. 4-18.5. Adult businesses. (a) Definitions. For purposes of this section, the following terms and phrases shall have the indicated meanings : (1) Adult business shall have the meaning set forth at Section 21-1 (a) . (2) Adult mini motion picture theater shall have the meaning set forth at Section 21-1 (a) . (3) Adult motion picture theater shall have the meaning set forth at Section 21-1 (a) . (4) Controller shall mean the City Controller and such employee (s) of the City as he may designate to perform the duties of the Controller under this ordinance. (5) Licensee means a person in whose name a license to operate an adult business has been issued, as well as the individual listed as an applicant on the application for a license. (6) Person means an individual, proprietorship, partnership, corporation, association, or other legal entity. (7) Specified anatomical areas shall have the meaning set forth at Section 21-1 (a) . (8) Specified sexual activities shall have the meaning set forth at Section 21-1 (a) . (9) Transfer of ownership or control of an adult business means and includes the sale, lease, or sublease of the business; (10) Viewing booth shall mean an enclosure of less than one hundred (100) square feet of floor space, offering a multiple selection of videos, films or other video reproductions which depict specified sexual activities or specified anatomical areas, but not including an adult motion picture theater or adult mini motion picture theater. (b) License Required. (1) No person shall operate an adult business without first obtaining a license hereunder, issued by the Controller. (2) All adult businesses existing and operating as of December 31, 1995 must submit an application for a license hereunder within ninety (90) days of said effective date. If such an application is not received within said ninety (90) day period, then such establishment shall cease operations . An adult business existing and operating as December 31, 1995 shall have until February 15, 1997 to satisfy the requirements of Sections 4-18 .5 (1) (4) , 4-18 .5 (1) (7) , 4-18 .5 (n) (2) , 4- 18 .5 (n) (3) and 4-18 .5 (o) . (3) An application for a license hereunder must be made on a form provided by the City of South Bend. The application must be accompanied by a sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business . The sketch or diagram need not be professionally prepared but must be drawn to a designated scale. (4) The applicant must be qualified according to the provisions of this ordinance and the premises must be inspected by the Building Commissioner and found to be in compliance with the provisions of Section 4-18 .5 (1) , if applicable. (5) Each application for a adult business license must be signed by the applicant, if an individual, or by an authorized representative if the applicant is a corporation, partnership or other entity or association. (6) The fact that a person possesses other types of state or city permits and/or licenses does not exempt him from the requirement of obtaining an adult business license . An establishment containing at one (1) location more than one (1) operation characterized as an adult business must comply with all regulations hereunder pertaining to each such operation but must obtain only one (1) adult business license for that establishment . (7) Applications for a license, whether original or renewal, must be made to the Controller by the intended operator of the adult business . Application forms shall be supplied by the Controller. The intended operator shall be required to give the following information on the application form: a. l . The name, street address (and mailing address if different) of the intended operator; 2 . The name and street address (and mailing address if different) of the owner (s) of the adult business; b. Written proof that the applicant is at least eighteen (18) years of age; c. The name under which the adult business is to be operated and a general description of the nature of the business; d. The state of incorporation or establishment of the operator and owner (s) of the adult business if either or both are not individuals . e . The telephone number of the adult business; f. The address of the location of the premises; g. If the adult business is in operation, the date on which the owner (s) acquired the adult business for which the license is sought, and the date on which the adult business began operations as a adult business at the location for which the license is sought; and h. If the adult business is not in operation, the expected start up date (which shall be expressed in number of days from the date of issuance of the license) . i . If the applicant and owner (s) of the adult business are other than individuals, the name (s) and addresses of the registered agent (s) or other person (s) authorized to receive service of process on behalf of the applicant and owner (s) . (8) The application shall be accompanied by payment of the application fee in full . (9) The application shall contain a statement under oath that : a. The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and b. The applicant has read the provisions of Sections 4-1 through 4-18 .5, inclusive, of this Chapter. (10) Except as provided in Section 4-18 .5 (b) (6) , a separate application and permit shall be required for each adult business . (11) It shall be the affirmative obligation of all licensees hereunder to inform the Controller in writing, of any change in the information provided on the license application within five (5) days of any such change. (c) Issuance of License. (1) The Controller shall approve the issuance of a license to an applicant within thirty (30) days after receipt of an application unless he finds one or more of the following to be true: a. An applicant is under eighteen (18) years of age; b. An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form. c . The premises to be used for the adult business have not be approved by the Building Commissioner or County health official as being in compliance with Section 4- 18 .5 (1) , if applicable . d. The license fee required by this ordinance has not been paid. (2) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult business . The license shall be posted in a conspicuous place at or near the entrance to the adult business so that it may be easily read at any time. (3) The Building Commissioner and County health official shall complete their separate certifications that the premises are in compliance or not in compliance with Section 4-18 .5 (1) , if applicable, within fifteen (15) days of receipt of the application by the Controller. The certifications shall be promptly presented to the Controller. Failure to complete such certification within said fifteen (15) day time period shall be construed by the Controller as certification by the Building Commissioner and/or County health officer, as appropriate, of compliance with applicable laws . (4) In the event that the Controller determines that an applicant is not eligible for a license, whether an original application or renewal, the applicant shall be given notice in writing of the reasons for the denial within thirty (30) days of the receipt of its application by the Controller, provided that the applicant may request, in writing, that such period be extended for an additional period of not more than ten (10) days at any time before the notice is issued in order to make modifications necessary to comply with this ordinance. • (5) If, subsequent to a denial which is either not appealed or appealed unsuccessfully, the Controller finds that the basis for denial or the denial of the renewal of a license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final . (d) Fees. The annual fee for a adult business license is Five Hundred Dollars ($500 . 00) Dollars . This fee is to be used to pay for the cost of the administration and enforcement of this ordinance . (e) Expiration of License. Each license shall expire January 31 of the year following the year in which it is issued and may be renewed only by making application as provided in Section 4-18 .5 (b) . Application for renewal should be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected. (f) Suspension. The Controller shall suspend a license for a period not to exceed thirty (30) days for any reason provided in Section 4-16 (a) or if he determines that licensee or an employee of a licensee has violated or is not in compliance with any section of this ordinance. (q) Revocation. (1) The Controller shall revoke a license for any reason provided in Section 4-16 (a) or if he determines that : a. a licensee gave false or materially misleading information in the material submitted during the application process; b. a licensee whose license has been suspended hereunder has failed to remedy the violation resulting in the suspension within thirty (30) days of such suspension or such other date as established as the result of an appeal of the suspension; c . a licensee or any employee has knowingly allowed prostitution on the premises; d. a licensee or an employee knowingly operated the adult business during a period of time when the licensee' s license was suspended; e. a licensee or an employee of the licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the premises; f. the owner or operator of the licensed adult business knowingly allowed a person under eighteen (18) years of age to enter the adult business; g. there was a change of owner or operator for which a transfer application was not timely filed; or (2) The revocation of a license hereunder shall continue for one (1) year. If, subsequent to revocation, the Controller finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. (h) Administrative review. (1) An applicant may appeal the decision of the Controller regarding a refusal to issue or renew a license as provided in Section 4-16 (b) . Any adult business in existence and operating as of the effective date of this ordinance which makes a timely application hereunder, and is denied a license by the Controller, may continue operations pending appeal, under Section 4-16 (b) , of that denial . (2) Prior to suspending or revoking a license hereunder, the Controller shall give the licensee written notice of the reasons for the suspension or revocation, and notice of the right of the licensee to a hearing under Section 4-16 (b) . (3) After denial of an application by the Controller, or denial of a renewal of an application, or suspension or revocation of a license by the Controller, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction without exhausting the procedures for administrative appeal provided herein. (i) Transfer of License. A licensee shall not transfer his license to another person, nor shall a licensee operate a adult business under the authority of a license at any place other than the address • designated in the application. (1) Locational Restrictions. The location of any adult business shall be governed by the provisions of Chapter 21 . (k) Hours of Operation. No adult business, except an adult motel, shall be open between the hours of 3 : 00 a.m. and 7 : 00 a.m. (1) Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos. A person who operates or causes to be operated an adult business containing one (1) or more viewing booth shall comply with the following requirements : (1) Upon application for an adult business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of any viewing booth, the location of video monitoring equipment, as described in Section 4-18 .5 (1) (4) , if applicable, and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. The diagram shall also designate the place at which the license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer' s or architect' s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises . The Controller may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. (2) The application and diagram shall be sworn to be true and correct by the applicant . (3) No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Section 4-18 .5 (1) . (4) No viewing booth may be fully enclosed and the opening of each and every viewing booth shall remain unobstructed by any doors, walls, merchandise, display racks or other materials at all times : Provided, however, that the foregoing restriction shall be waived if there is installed and fully operational within the premises a system of monitoring all areas of the premises open to the public, including the interior of each viewing booth, but not including any restroom, by video monitoring which allows viewing of each monitored area at least every 60 seconds . (5) No viewing booth may be occupied by more than one person at any time. (6) No occupant of any viewing booth shall engage in any type of sexual activity, cause any bodily discharge or litter while in a viewing booth. No person shall damage or deface any portion of a viewing booth. (7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1 . 0) foot-candle as measured at the floor level . (8) The illumination described above shall be maintained at all times that any patron is present in the premises . (9) Subject to the provisions of Section 4- 18 .5 (b) (2) hereinabove, the licensed premises shall be inspected by the Building Commissioner and County health official twice per year for the purpose of determining that the provisions of this Section 4-18 .5 (1) are met . Such inspections shall be conducted after reasonable notice is given to the licensee and shall take place during the hours such establishment is open for business and only upon the showing of proper credentials by such persons . Additional inspections, undertaken pursuant to such conditions pertaining to notice, timing and credentials, may be conducted upon receipt by the Controller of written, signed complaints alleging a violation of the provisions of this Section 4- 18 .5 (1) . (m) Interior Maintenance. All walls, ceilings, floors, viewing booths, and all physical facilities in each adult business shall be maintained in a clean and sanitary condition. Restrooms and viewing booths shall be thoroughly cleaned at least once each day the adult business is in operation. (n) Exterior portions of adult businesses. (1) No merchandise or activities of an adult business licensed hereunder shall be visible from a point outside the establishment . (2) No flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this Section 4-18 .5 shall be permitted or used on the exterior of an adult business licensed hereunder. (3) Exterior portions of any adult business licensed hereunder shall not be painted any color other than a single achromatic color: Provided, however, that one (1) complementary trim color may be used, as approved by the Design Development Director of the City of South Bend, as defined in Chapter 6, hereof. This provision shall not apply to a adult business if the following conditions are met : a. The establishment is a part of a commercial multi-unit center; and b. The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center. (4) Nothing in this article shall be construed to require the painting of an otherwise unpainted exterior portion of a adult business . (o) Signage. (1) Neither the owner or operator of any adult business nor any other person shall be permitted to erect, construct, or maintain any sign for the adult business other than the one (1) primary sign and one (1) secondary sign, as provided herein. To the extent any of these provisions conflict with or are inconsistent with other provisions of the South Bend Municipal Code pertaining to signs, the most restrictive provisions shall apply. (2) Primary signs shall have no more than two (2) display surfaces . Each such display surface shall : a. not contain any flashing lights; b. be a flat plane, rectangular in shape; and c. not exceed seventy-five (75) square feet in area. (3) Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner, and may contain only the name of the enterprise . (4) Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print-type size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color. (5) Secondary signs shall have only one (1) display surface . Such display surface shall be a canopy sign affixed to the exterior of the premises over a door or window, or: a. be a flat plane, rectangular in shape; b. not exceed fifty (50) square feet in area; and c . be affixed or attached to any wall or door of the enterprise. (6) The provisions of Section 4-18 (o) (2) (a) , Section 4-18 .5 (o) (3) and Section 4-18 .5 (o) (4) shall also apply to secondary signs . (p) Persons Younger Than Eighteen Prohibited From Entry; Attendant Required. (1) Neither the owner nor operator of an adult business shall allow a person who is younger than eighteen (18) years of age to enter or be on the premises of a adult business at any time that the adult business is open for business . (2) Each adult business shall have on the premises at all times such business is in operation, at least one (1) employee per public entrance to the adult business, who shall be responsible for prohibiting any person under the age of eighteen (18) years from entering the adult business . It shall be presumed that an employee knew a person was under the age of eighteen (18) unless such employee asked for and was furnished: a. a valid operator' s, commercial operator' s, or chauffeur' s driver' s license; or b. a valid personal identification certificate issued by a State reflecting that such person is eighteen (18) year of age or older. (q) Notices. (1) Any notice required or permitted to be given by the Controller or any other city office, division, department or other agency under this ordinance to any applicant, operator or owner of an establishment may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the license, or transfer application that has been received by the Controller, or any notice of address change that has been received by the Controller. Notices mailed as above shall be deemed given upon their deposit in the United States mail . In the event that any notice given by mail is returned by the postal service, the Controller or his designee shall cause it to be posted at the principal entrance to the licenses establishment . (2) Any notice required or permitted to be given to the Controller by any person under this ordinance shall not be deemed given until and unless it is received in the office of the Controller. (3) It shall be the duty of each owner who is designated on the permit application and each operator to furnish notice to the Controller in writing of any change of residence or mailing address . (r) Penalty Failure to comply with any of the provisions of this, Section shall constitute an ordinance violation for which a penalty of up to $2, 500 may be imposed upon the operator and owner of the licensed adult business . The imposition of a fine hereunder shall be in addition to the exercise by the Controller or City of any other right or remedy available in law or equity to address such violation. (s) Quarterly Updates. The Controller shall report at the end of each quarter to the Public Safety Committee of the Common Council a summary of the following public information in connection with adult business licenses : (1) Number of license applications received (2) Disposition of such applications (3) Amount of license fees collected (4) Number of license suspensions (5) Summary of any administrative reviews M (6) Amount of fines collected SECTION V. If any one or more of the provisions contained in this ordinance shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this ordinance shall be construed as if such invalid, illegal or unenforceable provision was not contained therein. SECTION VI . This ordinance shall be in full force and effect from and after its passage by the Common Counc ' approval by the Mayor and proper legal publi ion. -,( .----' Membernd Common Council t 1st READ:NG l — ',,, , PUBLIC HEARING /1-/ 3 rd READING 12 - /Ls -q-S NOT APPROVED REFERRED PASSED/2— i g °-05 A-5 PIK DD (i,ammtttrt Erred tutu Ti mm= &unlit of tip Mtn of$outl, rnd: Your Committee of the Whole to whom was referred BILL NO. 73-95 ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "LICENSING" Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable as amended as follows: Add new paragraph (s) to Section 4-18. 5 (s) Quarterly Update. The City Controller shall report at the end of each quarter to the Public Safety Committee of the Common Council a summary of the following public information: (1) Number of applications received (2) Disposition of such applications (3) Amount of fees collected (4) Number of suspensions or revocations (5) Summary of any administrative reviews (6) Amount of fines collected Cleo Washington, Chairman FREE PRESS 0419Po PUBLISHING CO. • City of South Bend Common Council 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-Farrand r e que s t e d. Council Attorney Sincerely, Lee Slavinskas LS/jl Attachments Filed in Clerk's Office • LNL±.± i995 IRENEQAMMON CITY CLERK,90.BEND,IN.