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HomeMy WebLinkAboutRiverfront Criteria and RequirementsCity of South Bend Riverfront Liquor License District Requirements, Eligibility Criteria, and Procedures Adopted by the South Bend Redevelopment Commission September 28, 2023 District Requirements In addition to complying with all building, health, and zoning ordinances and statutes, and all rules and regulations of the Indiana State Alcohol and Tobacco Commission (ATC) and local, state, and federal governments, all applicants must also meet, and remain in compliance with, the following local requirements annually to be eligible to apply or renew: 1. The District has been geographically defined to conform to the requirements of Ind. Code § 7.1-3-2 et. seq. and as shown in Attachments A, B, C, and D. An applicant’s establishment must be located within these District boundaries. 2. The primary focus of the applicant’s operation must be a dining or cultural experience rather than solely an alcohol consumption experience. Riverfront liquor licenses shall be granted to applicants that substantially contribute to the cultural fabric and quality of life in the City of South Bend: a. Dining Experience: A friendly, personalized service that continually provides distinctively great food, a memorable atmosphere, and exceptional customer service. b. Cultural Experience Venue: Designed for performance to a live audience; must include food service. 3. Establishments must serve beverages in glass containers. Reusable acrylic cups may be acceptable for patio use upon special written request and approval by the Riverfront License Review Committee. 4. Applicants receiving three-way licenses within the District will be required to comply with ATC’s requirements regarding the sale of food. An establishment whose primary focus of operation is a dining experience must qualify as a restaurant under the ATC’s definition as established by Ind. Code § 7.1-3-20-91 and 905 IAC 1-20-1.2 In addition, patrons must be required by the establishment to consume food at either a counter or table with seating. For an initial application, the establishment must also provide sales projections through the following 12 months reflecting a minimum of 51 percent of total sales in food and non-alcoholic beverages. 1 https://iga.in.gov/laws/2023/ic/titles/7.1#7.1-3-20-9 2 http://iac.iga.in.gov/iac//iac_title?iact=905 South Bend Riverfront Liquor License District, Criteria and Requirements 2 Adopted September 28, 2023 5. The applicant must demonstrate, through their business plan, how they differentiate themselves from others already in the market so not to oversaturate the market for a similar concept. 6. The establishment cannot be a private club, nightclub, or adult entertainment venue. 7. The establishment must be a non-smoking facility (exception made for upscale cigar lounge). 8. Temporary exterior signage is not permitted for the establishment; permanent, attached signage is required. 9. An establishment in the District with an existing three-way license may not sell its existing license to apply for a 221-3 Riverfront license. There will be a minimum of a one-year wait between the time a business with an existing license sells its alcoholic beverage license and when that business will be able to apply for a new license. 10. The applicant will comply with local application procedures and those required by the State of Indiana and the ATC. 11. Fees are required to be paid as follows: a. Applicants must pay an initial application fee of $1,000.00 to the program administrator, “Downtown South Bend, Inc.” b. Riverfront permit holders must pay an annual renewal fee of $1,000.00 made payable to the program administrator, “Downtown South Bend, Inc.” c. Initial permit and annual renewal fees required by the ATC also must be paid separately and directly to the State at the time of such application ($1,000.00 each at the time these guidelines were approved). 12. Permits are not transferable and not portable within or outside of the District. Any renewal is subject to compliance with the terms of these local rules. Any riverfront permit establishment that receives a violation from Excise Police or from any State or local law enforcement or other government agency or has been found to be noncompliant with the Riverfront District guidelines will be subject to non-renewal of its riverfront permit. 13. For all parcels on which the establishment physically resides, including, but not limited to, parking lots, outdoor dining areas, and any other feature considered part of or an element of the establishment: a. Property taxes must not be delinquent. All past-due taxes, penalties, fines, fees, delinquencies, and other charges must be paid in full at the time of initial application or renewal to be approved; South Bend Riverfront Liquor License District, Criteria and Requirements 3 Adopted September 28, 2023 b. There must be no outstanding violations of state or local laws associated with the establishment and/or the parcel(s) on which the establishment physically resides (including, but not limited to, building code, zoning code, fire code, health department standards, etc.); and c. The establishment and/or the owner of the parcel(s) on which the establishment physically resides, for the establishment’s parcel(s), must not owe any unpaid fines, and there must not be any current charges levied by the City of South Bend or St. Joseph County. If at any point there becomes a violation as set forth in Subsection (b) above or unpaid fines or charges accrue as set forth in Subsection (c) above, the applicant or the riverfront permit holder will be deemed noncompliant with the requirements set forth in this document. Eligibility Criteria and Factors The program administrator, Downtown South Bend, Inc. (DTSB), will review applications with the Riverfront License Review Committee and make recommendations to the Mayor for liquor licenses they believe will strengthen the economic vitality of the Riverfront District and the entire community. The Committee will then approve or deny the application. The Committee—through the implementation of the Ind. Code § 7.1-3-20 et. seq., the requirements set forth in this document, and the Riverfront Development District—seeks to benefit the District and achieve the following: • Enhance South Bend’s regional appeal by encouraging a diverse mix of restaurants and cultural experiences in the Riverfront District; • Encourage the opening or upgrade of a variety of distinctive and unique year- round restaurants in South Bend to a degree th at will improve the vitality of the Riverfront District; • Assure that issuance of a riverfront license and business activity will not be detrimental to the property values and business interests of others in the District; and • Support growth in the Riverfront District by collaborating with other businesses in marketing, promotions, and other cultural growth efforts, as well as encouraging a healthy, safe, and enjoyable atmosphere. The recommendation of the Riverfront License Review Committee to the Mayor will be based on the strength of the Committee’s determination of the following factors: • The extent to which the establishment is to be primarily a restaurant and/or cultural experience rather than a location whose patrons mainly consume alcohol; South Bend Riverfront Liquor License District, Criteria and Requirements 4 Adopted September 28, 2023 • The number and nature of the jobs added or retained; • Financial and ownership strength as demonstrated by a business plan and related documentation; • If an existing business, the history of successful operation and reason for the need for a license; and • The owner’s participation in the cultural vibrancy of South Bend, and the ongoing continued participation while demonstrating a collaborative approach to supporting the Riverfront District. The above will be evaluated based on the strength of the physical location of the establishment, the operation itself, the economic impact of the establishment on the surrounding neighborhood, and the reputation and experience of ownership. Initial Application Procedure The initial application process is as follows: 1. The applicant will complete a Riverfront License application and submit it to DTSB along with a copy of their completed ATC Initial Application or Transfer permit. 2. The Riverfront License Review Committee will schedule a public meeting with the applicant to consider the application. 3. The Riverfront License Review Committee will make a recommendation to either approve or deny the application. 4. An approved applicant will be required to enter into a written contract (the “Agreement”) with the City agreeing to comply with the requirements set forth in this document and any and all local rules and conditions that the City places on the operation. 5. The Mayor will then review the recommendations of the Riverfront License Review Committee. If the Mayor also approves, then the applicant will be provided with the approval letter from the Mayor needed for the ATC application. Renewal Application Procedure The renewal application process is as follows: 1. The riverfront permit holder seeking renewal will submit to DTSB their completed ATC Application for Renewal. 2. If the Riverfront License Review Committee, the Mayor, City staff, or DTSB and its staff have questions about the riverfront permit holder’s previous or current compliance with the Agreement and with requirements set forth in this document, South Bend Riverfront Liquor License District, Criteria and Requirements 5 Adopted September 28, 2023 the Committee will schedule a public meeting with the renewal applicant to consider the application. All riverfront permit holders that hold a permit at the time of the adoption of the requirements set forth in this document must enter into the Agreement acknowledging these requirements upon seeking their first renewal following the adoption of these requirements. Any riverfront permit holder that has not signed the Agreement with the City as part of the renewal application procedure will be deemed noncompliant with the requirements set forth in this document. 3. After the public meeting, the Riverfront License Review Committee will make a recommendation to the Mayor to either approve or deny the renewal application. For denied applications, the City will send notice to the ATC of the riverfront permit holder’s noncompliance with the Agreement with a request for non- renewal of the riverfront permit holder’s permit. Participants in the Application and Renewal Process In addition to the applicant, participants in the riverfront liquor license initial and renewal application process include, but are not exclusive to, the following: • DTSB as the program administrator; • The five-person Riverfront License Review Committee consisting of: o The Executive Director of Community Investment or designee; o A City Council designee; o A Member of the Redevelopment Commission; o A DTSB representative; and o A Mayoral designee; • A City Legal Department representative; and • The Mayor Reporting Obligations of Riverfront Permit Holder 1. After an Applicant’s riverfront permit is approved by the ATC, and no later than 90 days prior to the State’s annual renewal date of the establishment’s permit, the riverfront permit holder shall submit an annual compliance report to DTSB for review by the Riverfront License Review Committee. Applicant’s compliance report shall include all of the following documentation: a. A revenue report indicating the total annual food, non-alcoholic beverage, and alcohol/liquor sales for the previous year; South Bend Riverfront Liquor License District, Criteria and Requirements 6 Adopted September 28, 2023 b. A report indicating the total number of days open during the previous year, along with a schedule of current operating hours; and c. Proof of payment of the annual renewal fee of $1,000.00 to the program administrator, “Downtown South Bend, Inc.” 2. After reviewing the information submitted by riverfront permit holder, the City or DTSB may request in writing supplemental and/or clarifying information. The riverfront permit holder shall provide the requested information within fifteen (15) calendar days following such request. The riverfront permit holder shall certify under oath the accuracy of all information submitted to the City or DTSB. Noncompliance of Riverfront Permit Holder If the City determines, in its sole discretion, that a riverfront permit holder is not in compliance with the requirements set forth in this document in any material respect, the City will notify the riverfront permit holder in writing of such noncompliance, after which the riverfront permit holder shall have: a. Thirty (30) calendar days from the date of the City’s notification to explain in writing the reasons for the noncompliance; and b. Sixty (60) calendar days from the date of the City’s notification to cure the noncompliance. If the City determines that the reasons for noncompliance are inadequate or that the noncompliance has not been cured, the City, as it deems appropriate, may take remedial action, including, but not limited to, the following steps: 1. Terminate the Agreement; 2. Send notice to the ATC of the riverfront permit holder’s noncompliance with the Agreement, including a request for non-renewal of the riverfront permit holder’s permit; and 3. Send a copy of the notice above, provided to the local ATC Board and Excise Office, requesting a recommendation to the state ATC office for non-renewal of the riverfront permit holder’s permit. As part of its Agreement, Applicant shall agree to release the City and DTSB, their directors, officers, employees, agents, representatives, departments and divisions, from any and all claims, demands, liabilities, or causes of action of every kind and nature, whether now existing or hereafter arising, both known and unknown, which Applicant has or may have against the City or DTSB which is in any manner related to the termination of the Agreement by the City or the Applicant for any reason. Attachment A Map of the “Expanded West Riverfront District” Adopted by the South Bend Common Council on September 11, 2023 Attachment B Map of the “Expanded East Riverfront District” Adopted by the South Bend Common Council on September 11, 2023 Attachment C Ordinance No. 10965-23: Authorizing and Establishing the Boundaries of the “Expanded West Riverfront District” Adopted by the South Bend Common Council on September 11, 2023 Attachment D Ordinance No. 10966-23: Authorizing and Establishing the Boundaries of the “Expanded East Riverfront District” Adopted by the South Bend Common Council on September 11, 2023