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HomeMy WebLinkAbout08-28-00 Health & Public Safety • rCommttt *oat: t• Wit)) a ttbTtc ttv tontutitftt The August 28, 2000 meeting of the Health and Public Safety Committee was called to order by its Chairperson, Council Member Andrew Ujdak at 4:30 pm in the Council Informal Meeting room. Persons in attendance included Council Members Aranowski,Pfeifer,King,Ujdak,White, Varner,Coleman,Kelly and Kirsits;Citizen Member Isabelle Gonzalez,Mayor Stephen J. Luecke, Jeremey Barckley, John Broden, City Attorney, Police Chief Larry Bennett, Aladean DeRose, Assistant City Attorney, Marco Manani, Jim Frick, Patrick Mangan, Joseph P. Sergio, Sam Walsh, Members of Citizens for Community Values, Dennis Staffelbach, members of the news media, and Terry Bland of the '01ttII Ifikutr tt,U,UU , and Kathleen Cekanski-Farrand, Council Attorney. Council Member Ujdak noted that the meeting was called to continue review and discussion of Bill No. 28-00 which would amend Chapter 4, Article 4, Section 4-18.5 addressing "Adult Businesses"of the South Bend Municipal Code. Mayor Luecke stated the he is in full support of the substitute version of Bill No. 28-00 (copy attached) which was provided earlier today to the Council. He noted that it includes a 10 p.m. closing time, requires the removal of doors from viewing booths, includes distance requirements between performers and patrons, requires separate tip jars, requires dancing to cease at 10 p.m. and the establishments to close, addresses amendments with regard to adult motels. Mayor Luecke noted that as a community and a city, thousands of dollars have been invested in the city and especially into the South Gateway area. Every tool possible should be used to maintain this investment. He noted that the impact from adult businesses have created a negative secondary impact on the area and that he as Mayor is willing to let the final determination be in the courts. Mayor Luecke stated that he believes that the ordinance creates appropriate steps for enforcement and urged passage of the substitute bill. John Broden, City Attorney, stated that he had received a letter from Bruce A. Taylor, President and Chief Counsel of the National Law Center for Families and Children(copy attached) which offers his legal services to the city on a pro-bono basis. He also noted that both he and Aladean DeRose had the opportunity to attend the oral argument on the Mishawaka lawsuit in Federal District Court where the Mishawaka ordinance was upheld. Police Chief Larry Bennett spoke in favor of the substitute bill. He noted that the South Bend Police Department focuses on community oriented policing which involves a partnership with the community and neighborhoods. He stated that the secondary negative effects caused by adult businesses is a quality of life issue. Chief Bennett stated that it is time for a change. Dr. Varner noted that a one-page handout (copy attached) was provided to the Committee which addressing the licensing of managers and entertainers. Council Member Ujdak noted that he had prepared these proposed amendments based on research done by the Council Attorney earlier this Summer. He noted that some of the definitions were taken from the draft provided to the Committee at its June meeting,and stated that he believes their inclusion would strengthen the bill. Council Member Kelly stated that he would prefer to move forward on just the substitute bill tonight without the licensing provisions for managers and entertainers. 1 Health and Public Safety Committee August 28,2000 Page 2 Council President Pfeifer inquired whether Council Member Ujdak's amendments would provide another tool to the Administration for enforcement and Council Member White inquired about the overall intent of the amendments. Council Member Aranowski stated that under-age dancers were often a problem when he was a member of the Alcoholic Beverage Commission. There would often be problems of false social security numbers and false driver's licenses. He thought that Council Member Ujdak's amendments may help address these concerns. Council Member Ujdak stated that he would offer the amendments as a friendly amendment to Substitute Bill No. 28-00. He noted that he had discussed the amendments with Mr. Broden last week. Council Member King stated that he did not want to muddy the waters with adding new amendments to the Substitute Bill. He stated that he did not know if they would complicate the Bill or not and asked the Legal Department for a response. Aladean DeRose stated that they may help with regard to underage dancers and she did not believe that they would detract from the Bill. She also noted that they may help the owners of adult businesses for better compliance Council Member Kirsits spoke in favor of including Council Member Ujdak's amendments. He stated that he believed that they were similar to the Delaware regulations. He stated that the Council has had Council Member's proposals since June which should have provided ample time for all concerned to review them. He noted that since one establishment has already made it known that they are going after 18 year olds as patrons that the amendments would be an asset. He also inquired about the language on page 4, 9 2 of the substitute bill where reference is made to"February 15, 199r. Following discussion, Council Member White made a motion, seconded by Citizen Member Isabelle Gonzalez that the last sentence of q 2 on page 4 be struck. The motion passed. Assistant City Attorney Aladean DeRose stated that after conferring with Mr. Broden and Mr. Dennis Staffelbach, that Council Member Ujdak's amendments may add confusion to the Bill. She stated that they may ultimately be good but could be added at a later time. City Attorney John Broden added that the City of Peoria had an ordinance where alias names were challenged several years ago. Mr. Dennis Staffelbach noted that as a general rule including licensing of managers would be an excellent idea. He suggested that if the city pursues this area that licensing of managers, dances and owners of such establishments be considered. Mr. Patrick Mangan noted that he had provided a memorandum on the final version of Substitute Bill No. 28-00 to the Council (copy attached) which he provided as a summary of why the bill should be passed this evening. Council Member White spoke in favor of substitute bill no. 28-00. She stated that she believes it is a strong ordinance. The timing of the amendments offered by Council Member Ujdak posed a problem which she thought could be acted upon at a later point in time. Health and Public Safety Committee August 28,2000 Page 3 Council Member Kirsits stated that bouncers and enforcers should also be included in the bill. He stressed that their inclusion with Council Member Ujdak's amendments would make it a stronger Iicensing measure which would be more effective when enforced. Joseph Sergio spoke in favor of the substitute bill. He noted that the entire topic was thoroughly evaluated. Jim Frick spoke in favor of the substitute bill. He noted that there are 104 members of the South Gateway Association and that they are in favor of the substitute bill. He added that many other associations have also voiced their support of the measure by participating in the community walk yesterday. Dennis Staffelbach stated that the Council and Administration have developed a good legislative history and have had good legal involvement throughout the process. Patrick Mangan stated that for over a year this bill has been under scrutiny. He thanked Mayor Luecke for his leadership in this area and the tremendous support from the community and Council. No one spoke in opposition to the substitute bill. Following discussion, a second amendment was made to page 4 of the substitute bill (see attached copy) Council Member Kirsits made a motion, seconded by Citizen Member Isabelle Gonzalez amending page 4 and the final section of the bill adding a forty-five (45) day effective period. The motion passed. Council Member Kelly then made a motion, seconded by Council Member White that Substitute Bill No. 00-28, as amended, be recommended favorably to Council. The motion passed. There being no further business to come before the Committee, Council Member Ujdak adjourned the meeting at 5:30 p.m. Respectfully submitted, Council Member Andrew Ujdak,Chairperson Health and Public Safety Committee KCF:kmf Attachments