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Home My WebLink About8581-95 Amending Section 19-61 Alcoholic Beverages & Controlled Substances ORDINANCE No. 8581-95 Passed by the Common Council of the City of South Bend, Indiana_ February 27, 95 19 Attest:: T `""" -o= City Clerk IRENE K. GAMMON Attest: / . ��: . — �- President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 28, 95 19 City Clerk IRENE K. GAMMON Approved and signed by me x-'27 199'5— e4. Mayor ORDINANCE NO. U•,J S/"95 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING SECTION 19-61 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES" STATEMENT OF PURPOSE AND INTENT At its meeting of January 19, 1995, the Board of Park Commissioners of the City of South Bend, Indiana, considered and determined to authorize and allow the sale of beer at the Elbel and Erskine golf courses . Section 19-61 of the South Bend Municipal Code may be read to prohibit the same. The Common Council has determined that in order to enable the sale of beer at the Elbel and Erskine golf courses, it is necessary to amend Section 19-61 of the South Bend Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS : SECTION I . Section 19-61 of the South Bend Municipal Code, entitled "Alcoholic Beverages and Controlled Substances" is amended as follows : Sec . 19-61 . Alcoholic beverages and controlled substances . (a) It shall be unlawful for any person, while within any City park, to: (1) Consume or possess any alcoholic beverage other than beer or wine; (2) Consume, or possess an open container of, beer or wine at any location other than_ (i) areas designated by the Board as picnic, dining or concession area, and then only with the written permission of the Board; (ii) with respect to beer, only, such areas at Elbel and Erskine golf courses as designated by the Board, and with conspicuous posting of beer regulations at both such golf courses; (3) Sell, barter, trade or exchange an alcoholic beverage, except for those authorized agents and employees of the Board at those concession areas designated by the Board for such purposes, ; (4) Possess a controlled substance; (5) Be under the influence of alcohol or a controlled substance. (b) Except as otherwise authorized under this section, it shall be unlawful for any person to possess, or to be under the influence of, an alcoholic beverage or controlled • substance while operating, or a passenger in, a boat, watercraft, motor vehicle or snowmobile. (c) Employees and agents of the Board shall, while in the performance of their duties, be authorized and empowered to deny entrance to any City park; or refuse to rent or to allow the use of any park property by, and physically remove from, any City park any person whom such employee, agent or official believes to be under the influence of alcoholic beverages or controlled substances . (d) These provisions shall be supplemental and subordinate to any and all provisions of the State of Indiana relative to possession, consumption and sale or exchange of alcoholic beverages and controlled substances, and shall not serve to authorize or allow any actions relative thereto which are not otherwise prohibited by the laws of the State of Indiana. In the event of a conflict between these provisions and those laws of the State of Indiana, the latter shall, in all instances and particulars, prevail and control . SECTION II . This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Memb- v; So Ben. Common Council st Gc PUSUC 1"EA NG ,- 7- 95- - '.3 3,d READING T ` NOT F ' OVFD REFERRED PASSED ?- 27 -75 115 l /Ylei\l L • SOUTH�B'*+I„.... .,,,,c, \\„,,,,,,,,„ .„,.. ..r <� � '% City of South Bend ‘,,:$, \ `�,.c / Joseph E.Kernan,Mayor 1865- -0*' Department of Law Richard A. Nussbaum,II Jenny Pitts Manier City Attorney Chief Assistant City Attorney January 30, 1995 Mr. Eugene Ladewski President South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: An Ordinance of the Common Council of the City of South Bend, Indiana, Amending Section 19-61 of the South Bend Municipal Code Entitled "Alcoholic Beverages and Controlled Substances” Dear Mr. Ladewski, I am attaching the above-referenced ordinance for filing. At its meeting of January 19, 1995, the Board of Park Commissioners of the City of South Bend, Indiana, considered and determined to authorize and allow the sale of beer at the Elbel and Erskine golf courses . Section 19-61 of the South Bend Municipal Code may be read to prohibit the same. The above-referenced ordinance amends Section 19-61 to provide, explicitly, that the sale of beer at Erskine and Elbel golf courses by Park Department agents, and the consumption of beer within designated areas of those golf is permitted. Your favorable consideration is respectfully requested. Sincerely, A Phil St. Clair Park Superintendent 1400 County-City Building•South Bend,Indiana 46601 •219/235-9241 •TDD 219/235-5567 Thomas L.Bodnar John E.Broden Anne E.Bruneel Aladean M.DeRose Jeffrey M.Jankowski Robert C.Rosenfeld ftnmmtttrr airport Ma tip (lmmMwn (council of tip (Mg of$outll Ernd: Your Committee of the Whole to whom was referred BILL NO. 9-95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 19-61 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES" 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: (2) ii - After the word Board add "and with conspicious posting of beer regulations at both such golf courses; (b) - Add at the beginning - "Except as otherwise authorized under this section, . . . (b) - Add the word "be" after the word to. Chairman Cleo Washington, FREE PRESS SOW PUBLISHING CO.