HomeMy WebLinkAboutAmending Chapter 4 Regulating the Licensing of Businesses within the city of South Bend " •
t • ,1 o ,
ORDINANCE No. 7723-86
Passed by the Common Council of the City of South Bend, Indiana
December 8,i9 86
Attest: t� `�`-"'- �-�-
City Clerk
IRENE K. GAMMON
Attest: 4 _ .ate<< 111 -4,- President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
December 9, rg 86
City Clerk
IRENE K. GAMMON
Approved and signed by me �9 (N
Z r - Mayor
op-
BILL NO.
ORDINANCE NO. `]`j p'3. 6
AN ORDINANCE AMENDING CHAPTER FOUR OF THE SOUTH BEND
MUNICIPAL CODE REGULATING THE LICENSING OF BUSINESSES
WITHIN THE CITY OF SOUTH BEND.
STATEMENT OF PURPOSE AND INTENT:
The Common Council of the City of South Bend believes it
is in the best interest of public safety, health and welfare to
provide for the licensing of certain businesses and to provide for
license fees which are reasonably related to the cost of regulating
those businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION I. Chapter 4, Article 2, of the South Bend
Municipal Code is amended as follows:
Sec. 4-13. Replacement license.
Whenever a license is lost or destroyed, a duplicate
license may be issued by the Office of the City Controller upon the
payment of a replacement fee of five-dellers-{ 5-98}- five
dollars and fifty cents ($5.50 ) .
SECTION II. Chapter 6, Article 4 of the South Bend
Municipal Code is amended at the following sections and subsections
as follows:
Section 4-19. Arborist license.
(d) Issuance fee. Upon recommendation of the Board of
Park Commissioners and proof of public liability insurance, the
Controller shall issue an arborist's license to an applicant upon
payment of the following fees:
(1) For engaging in the arborist business thirty-dollars
{ 38-99-} thirty-five dollars ($35.00 ) per year.
(2 ) For each vehicle used in conducting the arborist
business, three-dollars-03.-99} three dollars and fifty
cents ($3.50 ) per year, for which numbered license plates
shall be issued.
Sec. 4-20 Automotive repair and service centers.
(E) License fee. If the applicant meets the requirements
of this section, the Controller shall issue a license upon payment
of an annual fee of ene-hundred-dollars-{$108 .9937 one hundred
twenty-five dollars ($125.00) .
Sec. 4-22. Carnivals and circuses.
(g) License fees:
(1) The fee for the issuance of a license under this
section shall be twe-hundred-dollars-0299:68+ two
hundred twenty dollars ($220.00) for the first day of
operation and ene-hundred-dollars-{099 7-66+ one hundred
Sec. 4-23. Fertilizer manufacturing facilities.
(E) License Fee. The annual fee for a license to operate
a fertilizer manufacturing facility shall be twe-hundred-dellars
4$999-99+ two hundred twenty dollars ($220.00) , payable to the
Controller at the time of issuance of the license.
Sec. 4-25. Food vending vehicles.
(e) Food vending vehicle license. A food vending vehicle
license shall be required for every such vehicle for use and
operation in the City. Said license shall be issued upon
compliance with this chapter and upon payment of twenty-dollars
4$29:993 twenty-five dollars ($25.00 ) per vehicle. Each metal
sign issued for a vehicle should be securely fastened to the
vehicle and in plain view.
Sec. 4-30. Hotels and motels.
(d) Fees. The fee for the issuance or renewal of each
license under this section shall be twe-dollars-09-69+ two
dollars and fifty cents ($2.50) per year per room available for
rental in any such hotel or motel with a minimum fee of
twenty-five-dollars-025.0W thirty dollars ($30. 00) per year.
Sec. 4-34. Self-service laundries.
(c) License fees. The applicant for a self-service
laundry license shall pay an annual fee of twe-dellars-02:99+
two dollars and thirty cents ( $2.30) for each washing machine,
dryer or combination washing machine-dryer or dry cleaning machine
used in the licensed establishment, or a minimum of fifty-dollars
058:99+ sixty dollars ($60.00) per establishment.
Sec. 4-35. Massage establishments and technicians.
(c) (5) License fee:
a. The fee for an annual license to operate a massage
establishment shall be fifty-dollars-056%7W fifty-five
dollars ($55.00) payable to the City Controller at the
time of the issuance of said license.
(d) (4 ) License fee:
a. The fee for an annual license to act as a massage
technician shall be fifty-dollars-{$59:99+ fifty-five
dollars ($55.00) payable to the City Controller at the
time of the issuance of such permit.
Sec. 4-38. Open air stands.- businesses.
(a) Every person who erects, places or stands in the City
an open air booth, shed, tent, trailer or stand for the purpose of
selling, bartering or exchanging on or from such place any goods,
wares or merchandise, which terms shall include also all fruits,
vegetables, country produce, refreshments, beverages, baked goods,
and confectionery, before engaging in such business shall obtain a
license from the Controller. The license shall designate the place
where such stand business is to be operated and the kind of
booth, shed, tent, trailer or stand in and from which such articles
are to be sold.
(b) If the location for a statienary open air business
is on private property, the applicant shall attach to his
(c) Applicants desiring to sell only goods, merchandise,
fruits, vegetables or produce by weight or measure, shall present
attach to the application a certificate signed by the Sealer of
Weights and Measures showing that all scales and measures to be
used have been tested and approved. :-at-the-time-ef-making
appleaton:
(d) The license fee for a-statienary an open air
business, if conducted on private property shall be five-dollars
{$5 7663 five dollars and fifty cents. ($5.50 ) per day;-er-a with
twenty-fve-deliar-4$05 799+ thirty dollar ($30.00 ) minimum, or
ene-hundred-fifty-dollars-01591.00+ two hundred dollar ($200.00)
per year. if-the The license fee for an open air business is-te
be conducted upon public property piaees-then-seeh-license-fee
shall be five-dellars-4. 5:00+ five dollars and fifty cents
( $5.50 ) per day;-er-a with twenty-five-deilar-025-90+ thirty
dollar ($30.00 ) minimum, or twe-hundred-deilars-0226 66+ two
hundred fifty dollars ($250.00 ) per year. No license shall be
issued by the Controller open-any-sneh-apglieatien-te-engage- n
sneh-business-until-tire-stand-and-the-plaee-ef-eperatiens-is
designated-in-writing-open-the-applieation-and-sueh-piaee-and-tie
stand-frem-whieh-sales-are-te-be-made-are-approved;-in-writing;-by
the-Beard-ef-Pnblie-Works- under this section until the zoning,
ingress and egress of the location(s) have been approved by the
appropriate City Departments.
(e) A license may be granted under this chapter for a
transitory open air business which will be moved to various
locations during the duration of the license term, provided that
the applicant, in addition to meeting all other requirements of
this section, attaches to his application a list of the locations
and the dates on which the business will be operated at each
location, along with the permission for use of each location as
required by subsection (b) .
(f) No open air business license may be issued by the
Controller for a business to be located on public property until
the location of same is approved in writing by the Board of Public
Works.
(g) Exclusion: The term "open air business, " as used in
this section does not include establishments which are defined as
itinerant restaurants under section 4-45 of this chapter.
Sec. 4-39. Public parking facility.
(e) Public parking facility. A fee of ene-dellar-{1-093
one dollar and twenty-five cents ($1.25 ) for each parking space
contained in a public parking facility shall be paid for each
license issued under this section. fer-a-pubiie-parking-faeility-
Sec. 4-40. Outdoor motion picture theaters.
(e) License fee. If the applicant meets the requirements
of this Code, the eController shall issue a license upon payment
of an annual fee of ene-hundred-fifty-dollars-f$l50-09+ one
hundred seventy-five dollars ( $175.00 ) .
Sec. 4-42. Paraphernalia (drug related) .
(D) License Fee. If the applicant for license meets the
requirements of this Code, the Controller shall issue a license
upon payment of twe-hundred-fifty-deilars-0250-00 three hundred
dollars ($300.00 ) payable to the City.
Sec. 4-43. Peddlers and canvassers.
•
(2 ) The license fee for pack peddlers or canvassers shall
be forty-dollars-049:88 fifty dollars ($50.00 ) per
year, or twenty-dollars-{$2e.80 twenty-five dollars
( $25.00 ) for up to ten (10 ) consecutive calendar days.
Sec. 4-44. Precious metals dealers.
(b) License and place of operation:
(3 ) The applicant for a precious metals dealer license
shall pay an annual fee of one-hundred-dollars-{$199:99+
one hundred and fifty dollars ($150.00) to the Controller,
upon issuance of the license.
Section 4-45. Restaurants - Generally.
(a) Definitions:
(3 ) Restaurant means any coffee shop, cafeteria, short
order cafe, luncheonette, grill, sandwich stand, soda
fountain, drive-in restaurant, walk-up restaurant,
drive-in theatre restaurant, in-plant food service, tavern
commissary, snack bar, tea room, fast-food restaurant, or
restaurant without live entertainment or music, food
catering or food service establishment, whether fixed or
movable, where food for human consumption is prepared or
served in such manner that it is ready for consumption on
the premises. The term "restaurant" shall not include a
food service establishment that is known as a retail food
market where food is not prepared and served for
consumption on the premises; nor shall the term
"restaurant" include any coin-operated vending machine
dispensing any kind of type of food, confectionery or
beverage.
(4 ) Itinerant restaurant means any feed-serviee
establishment restaurant which operates for a temporary
period of time, not to exceed two (2 ) weeks, and includes,
but is not limited to, those operated in conjunction with
a fair, carnival, circus, public exhibition, or similar
transitery gathering.
(e) License fees:
(1) Restaurants : The City Controller shall issue a
restaurant license to all persons complying with this
Eerie Section upon payment of forty-dollars-048:96+
fifty dollars ($50. 00 ) per year, for restaurants having a
seating capacity of up-te-and-ineluding zero (0) to
seventy-five (75) pereent patrons; and eighty-dollars
{$86 00+ one hundred dollars ($100.00) per year for
restaurants having a seating capacity of seventy-six (76)
patrons and over.
(2 ) Itinerant restaurants : The City Controller shall
issue an itinerant restaurant license to all persons
complying with this Bede; Section upon payment of five
del}ars-{$5-eO3 five dollars and fifty cents ($5.50) for
each day of operation, or twenty-five-dollars-{$25:9S+
thirty-five dollars ($35.00 ) if-the-applieatien-is-for-a
maximum-two-week-period-ef-eperatien- for two (2 )
consecutive weeks, or one hundred dollars ( $100.00) per
year.
Section 4-46. Same-- Restaurant Wwith live
Sec. 4-48. Rubbish and garbage removal.
(e) License fees:
(1) Nonrestricted license: Upon compliance of an
applicant with this eede Section, and after payment of
twenty-five-dollars-{$25766+ thirty dollars ($30.00 )
per year, a nonrestricted license shall be issued by the
Controller.
(2 ) Restricted license: Upon compliance of an applicant
with this Bede Section, and after payment of
twenty-fivTe-dollars-4.05 766+ thirty dollars ($30. 00 ) per
year, a restricted license shall be issued by the
Controller.
Sec. 4-51. Scrap metal dealers, junk dealers, recycling
operations, and transfer stations.
(g) License fee. The fee for an annual license to operate
a scrap or junkyard, recycling opertion or transfer station shall
be twe-hendred-de+lays-0266 1-66+ two hundred twenty-five dollars
( $225.00) , payable to the Controller at the time of the issuance of
such license.
Sec. 4-53. Secondhand stores.
(d) License fee. The applicant for a secondhand store
license shall pay an annual fee of fifty-debars-05876
fifty-five dollars ($55.00 ) to the Controller, upon approval of the
Board and Police Department and issuance of the license.
Sec. 4-61. Taxicabs.
(jj ) Same - Payment of fee prerequisite to isuance;
exception:
(1) No certificate shall be issued until the holder has
paid an initial license fee of five hundred dollars
($500. 00 ) for the right to engage in the taxicab business
and thirty-five-{$36 766+ forty dollars ($40.00 ) each
year for each vehicle operated under a certificate of
public convenience and necessity. The license fees shall
be in addition to any other license fees or charges
established by proper authority and applicable to the
holder or the vehicle under his operation and control.
(rr) Same - License issuance; term; renewal fee:
(2 ) The license shall be in effect for the remainder of
the calendar year. A license for every calendar year
therefter shall be issued upon the applicant making a
showing that he is the holder of a valid public passenger
chauffer's license issued by the State and the payment of
five-de+lars-{55.66+ five dollars and fifty cents
($5.50) , unless the license for the preceding year has
been revoked.
Sec. 4-64. Chart of licensing fees.
Regulated Code
Activity Section Fee
x. L. .�2 ...i /L-.... .. . . A-1 n
Regulated Code
Activity Section Fee
Food vending vehicle, per vehicle 4-25 $--28-88 $ 25. 00
Hotels and motels: 4-30
(a) Per room 8-88 2.50
(b) Per establishment, minimum 85788 30.00
Laundries, self-service and dry
cleaners, self-service: 4-34
(a) Per machine 8-88 2.30
(b) Per establishment, minimum 58-88 60. 00
Massage parlors establishment, 4-35 58.-88 55. 00
per year
Massage technicians, per year 4-35 58-88 55.00
Open air stands: 4-38
(a) On private property:
(1) Per day, with $25 766 $30.00
minimum 5 788 5.50
(2 ) Per year I58-88 200.00
(b) On public property:
(1) Per day, with $85-88 $30.00
minimum 5-86 5.50
(2) Per year 888..-88 250. 00
Outdoor motion picture 4-40 175. 00
Paraphernalia (drug related) 4-42 300.00
Public parking facilities, per
parking space 4-39 I-88 1.25
Peddlers, transient merchants
and canvassers : 4-43
(a) Pack peddlers or canvassers:
(1) Up to 10 days 88 788 25.00
(2 ) Per year 48:88 50.00
(b) Peddlers using a pushcart,
wagon, motor vehicle or any
type of vehicle:
(1) Up to 10 days 25-88 30. 00
(2) Per year 58:88 60. 00
Precious metals 4-44 150. 00
Restaurants, per year 4-45
(a) i0 - 75 seating capacity 48-88 50.00
(b) 76 and greater seating capacity ee ee 100.00
Restaurants with live entertainment
and/or music (Class A and B
cabarets) per year 4-46 85 788 30.00
Rubbish and garbage removal, per
year 4-48 25 7.80 30.00
Scrap metal dealers, transfer
stations, recycling operators
and junk dealers per year 4-51 888..-88 225.00
Secondhand dealers, per year 4-53 58:88 55.00
Solicitations, Charitable (Fee to 4-55
be determined by the Commission) 100.00 to
500.00
Taxicabs: 4-61
(a) Per driver, per year 5-88 5.50
(b) Per vehicle, per year 35 ee 40.00
SECTION III. This Ordinance shall be in full force and effect
from and after its adoption by the Common Council, approval by the
Mayor and legal publication.
C
, Z A f -
®•-- ® CITY of SOUTH END
40-4,6131.44,k,
"'AA t�il'i+►,/,P ye so ROGER O. PARENT, Mayor
�F r\ \ „f y,
® V Enea `i COUNTY CITY BUILDING SOUTH BEND, INDIANA 46601
/ w�a ,��jr�
4h®® ISO ',4"
Michael L. Vance
Director, Administration and 219/284-9742
Finance November 19, 1986
Beverlie Beck
President
South Bend Common Council
City of South Bend
4th Floor County-City Bldg.
South Bend, IN 46601
Dear President Beck:
The enclosed ordinance is being filed for first reading of the
November 24 , 1986 council meeting. The proposed ordinance amends
Chapter 4 - Licenses of the South Bend Municipal Code in several
different areas. First, license fees which have not been amended in
several years are being increased by 5% with some license fees being
somewhat higher so that all more currently reflect the cost of
enforcement of each particular licensing category. .
In addition, the specific sections referring to Open Air Stand
Licensing and Restaurant Licensing are being amended to clarify where
certain types of businesses should be categorized. When the code was
last modified, businesses such as portable food vendors (Port-A-Pit,
etc. ) did not exist. Therefore, it was unclear as to how they should
be classified or licensed.
As I have previously stated, all license fees have been updated
with the exception of those that pertain to Charitable Solicitation
permits. If you have any additional questions, please feel free to
contact Carolyn Pfotenhauer of the City' s Legal Department or myself
for information.
Sincerely,
icha ..M d4/7e(co,
Michael L. Vance
Director, Administration
and Finance
MLV/rds
Enclosure
QInmittitur Noon
coo tt a (gammon (tomtit of tip CV of l�ontl rnd:
Your Committee of the Whole
to whom was referred
BILL NO.
137-86 A BILL AMENDING CHAPTER FOUR OF THE SOUTH BEND MUNICIPAL
CODE REGULATING THE LICENSING OF BUSINESSES WITHIN THE CITY
OF SOUTH BEND.
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable.
Ann B. Puzzello
Chairman
FREE PRESS ofieBNN PUBLISHING CO.