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HomeMy WebLinkAbout9432-03 Amend Chapter 14, Inclusion of New Article 5 Entitled Public Safety Requirements for Large Eating/ Drinking EstablishmentsORDINANCE No. sa o Passed by the Common Council of the City of South Bend, Indiana June 23, Attest: Attest: 20 03 Presented by me to the Mayor of the City of South Bend, Indiana June 24, LORETTA J 20 City Clerk 03 City Clerk President of Common Council Approved and signed by me June 24 20 03 u~ ~ ~l -~ 11layrn, Ordinance No. ~ 32-03 Substitute Bill No. 23-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 5 ENTITLED PUBLIC SAFETY REQUIREMENTS FOR LARGE EATING/DRINKING ESTABLISHMENTS STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, acknowledges that a significant amount of public and private investment has taken place in the downtown and East Bank areas which has enhanced the overall development of these areas of the City. As a result of such investment, these azeas of the City are becoming growing and thriving entertainment centers which attract many residents and visitors. The Council further acknowledges, that in some instances, the in esponsible consumption of alcoholic beverages has resulted in a variety of increased risks not only to the individuals consuming such adult beverages, but also to the general public and surrounding neighborhoods. The Common Council believes that there should be a reasonable balance of governmental regulations, industry self-regulation, and individual responsibility with regazd to policies governing large establishments where alcohol is served. The Council further believes that programs should be in place which encourage and promote ongoing dialogue between these entities, and that partnerships involving the alcoholic beverage industry and lazge serving establishments, the neighborhoods in which they are located, and the local governmental officials need to be established and maintained for the betterment of the community. Based on the increased number of public safety instances, primarily in the downtown azea of South Bend, it has been determined that additional public safety regulations are needed to properly address the increasing concerns with regard to guarding the public's health, safety and welfare. Accordingly, the Common Council has concluded that the prevention and/or reduction of alcohol-related violence requires responsible legislative action. Therefore, the following public safety regulations are deemed necessary and in the public interest. These regulations focus on three (3) primary azeas: (1) to require server intervention programs to be developed as a means of preventing harm; (2) to require responsible management practices which aze aimed at reducing violence in and azound licensed premises which serve alcoholic beverages; and (3) to require trained security at such establishments. All of the proposed regulations are based on the principles set forth in the "Home Rule" legislation of Indiana Code § 36-1-3-1 et seq., and Indiana Code § 36-8-2-4 which authorizes the city to regulate conduct or the use or possession of property which might endanger the public health, safety or welfaze. ~OYp, f~~r~~or~, b~ it orDa~itt~~ b~ f~J~ ~Lommott ~Coutt~iz oi' ~~ (~it~ oi' ~ou~ ~~, ~lt~i~it~, as follows: Section I. Chapter 14 entitled "Specific Public Safety Regulations" of the South Bend Municipal Code is hereby amended by the inclusion of new Article 5 which shall read in its entirety as follows: PUBLIC SAFETY REQUIREMENTS FOR LARGE EATING(DRINIQNG ESTABL[SIiMF.N'rS ORDINANCE PAGE 2 ARTICLE 5. PUBLIC SAFETY REGULATIONS FOR LARGE EATING/DRINKING ESTABLISHMENTS. Sec. 1420 INTENT AND PURPOSE. The Common Council believes that reasonable public safety regulations should be enacted which are aimed at minimizing the number of alcohol-related calls for service, crimes, or arrests. The Council further believes that the development of broad-based community partnerships would help reduce violence in and around such licensed premises, all of which are deemed to be in the best interests of the city. The overall purposes of this Article are to establish reasonable regulations addressing required training for servers of alcoholic beverages, regulations addressing minimum number of trained security personnel required and the promotion of responsible management practices and programs for large eating/drinking establishments operating in the City of South Bend, Indiana. Sec. 14-21 ESTABLISHMENTS GOVERNID BY PUBLIC SAFETY REGULATIONS. This Article governs any establishment which is duly licensed by the Indiana Alcoholic Beverage Commission and therefore governed by the provisions of by Title 7.1 of the Indiana Code; and which has an occupancy limit of two hundred (200) people or more and is opened for business past 1 a.m. on a regular business day in the Central Business District (CBD), with the boundaries of such District being on file in the Office of the City Clerk and available for public inspection during regular business hours. Sec. 14-22 VERIFICATION OF SERVER INTERVENTION PROGRAMS REQUIRED TO BE FILED WITH THE BOARD OF PUBLIC SAFETY. (a) Required Training and Education Requirements of Beverage Alcohol Sellers and Servers: (1). All establishments meeting the criteria set forth in Sec. 1421 with regard type of establishment, occupancy, and hours of operation shall be required to have an ongoing server intervention program in place which trains and educates its beverage alcohol sellers and servers. A mandatory training course must be attended on an annual basis by anyone employed on a full-time or part-time basis who sells and/or serves alcohol in such establishments, including but not limited to the establishment's waitresses, waiters, bartenders, over-the-counter clerks, managers, assistant managers and owners. Original certificates of completion of such a course must be kept on file in such establishments and must be available for inspection by officials of the City of South Bend upon the showing of proper credentials to the establishment(s). (2) The owner(s) or operator(s) of such establishments shall be required to file with the Clerk of the Board of Public Safety a verified statement that his or her establishment meets the criteria required of this section on a quarterly basis, namely: on or before April 15th, June 15th, September 15th and December 15th of each year. Said statement shall include the name, address, telephone number, facsimile number, email address and hours of operation of the establishment; the name of the owner(s) and manager(s), and the number of full-time and part-time persons employed who have completed the Server Intervention Program. The owner(s) or operator(s) shall attach a copy of written verification from the entity conducting such training courses. PUBLIC SAFETY REQUII2El~MTS FOR LARGE EATINGIDRINHING ESTABLISI-I~1'I'S ORDINANCE PAGE 3 (3} It shall be a violation of this section to employ any person on a full-time or part- time basis to sell and or serve alcohol in such establishment who has not completed the mandatory training course required by this section. (b) It shall be a violation of this section to fail to file an establishment's information addressing ongoing server intervention program required by this section. Sec. 14-23 VERIFICATION OF RESPONSIBLE MANAGEMENT PRACTICES AND PROGRAMS REQUIRED TO BE FILED WITH THE BOARD OF PUBLIC SAFETY. (a) All establishments meeting the criteria set forth in Sec. 14-21 with regard type of establishment, occupancy, and hours of operation shall be required to file with the Clerk of the Board of Public Safety on or before April 15th of each year, the following information: (1) Harm Reduction Strate ies utilized at the establishment with regard to: (i) Types of containers used for serving beverages; (ii) Types of programs used for encouraging eating with drinking; (iii) Types of actions implemented for responsible service of alcohol; and (iv) Types of programs implemented to address responsible behavior when leaving the establishment with regard to noise and litter control. (2) Positive Social Atmosphere Strategies utilized at the establishment with regard to: (i) Meetings held or proposed to be held on a regular basis with the surrounding businesses, residents, neighborhood associations, or other concerned individuals; and (ii) Implementation of programs suggested by Crime Prevention/Neighborhood Watch of the South Bend Police Department and/or Inspection and Prevention Bureau of the South Bend Fire Department, implementation of programs suggested by the Alcoholic Beverage Commission, or other entity committed to public safety and responsible service of alcohol. (b) It shall be a violation of this section to fail to file an establishment's policies and procedures addressing responsible management practices as required by this section. Sec. 14-24 NUMBER OF REQUIRED TRAINID SECURITY PERSONNEL AND VERIFICATION OF TRAINED SECURITY PERSONNEL REQUIRED TO BE FILED WITH THE BOARD OF PUBLIC SAFETY. (a} Required Number of Trained Security Personnel. All establishments meeting the criteria set forth in Sec. 14-21 with regard type of establishment, occupancy, and hours of operation shall be required to: (1) Have a minimum of three (3) trained security personnel working during regular business hours from 10 p.m. until thirty (30) minutes after the time of closing of the establishment for the first two hundred (200) people of occupancy; and PUBLIC SAFETY REQiJIREIviFN'I'SFORLARGEEATING/DRINHING ESTABL,[SEIlvIENTS ORDINANCE PAGE 4 (2) Shall have one (1) additional trained security person for every one hundred (100) persons thereafter which is permitted under the occupancy permit issued for that establishment. (b) Required Training_Requirements: The owner(s) or operator(s) of all establishments meeting the criteria set forth in Sec. 1421 with regard type of establishment, occupancy, and hours of operation shall be required to file with the Clerk of the Board of Public Safety a verified statement that his or her establishment meets the criteria required of this section on a quarterly basis, namely: on or before April 15th, June 15th, September 15th and December 15th of each year. Said statement shall include the name, address, telephone number, facsimile number, email address and hours of operation of the establishment; the name of the owner(s) and manager(s), maximum number of persons authorized under the occupancy permit, and the number of full-time and part-time personnel employed who have completed a basic security training program. The owner(s) or operator(s) shall attach a copy of written verification from the entity conducting such training course. (c) The owner(s) or operator(s) of such establishment shall be required to file with the Clerk of the Board of Public Safety on or before April 15th of each year, the following information: (1) Security Strategies implemented for the interior of the establishment; (2) Security Strategies implemented for the immediate exterior of the establishment; (3) Security Strategies implemented to deter underage drinking; (4) Security Strategies implemented to provide notice by sign(s) and/or decals in the establishment with regard to responsible drinking practices; and (5) Security Strategies implemented to provide guidance in dealing with intoxicated patrons and arranging for their transportation needs in such situations (d) It shall be a violation of this section to employ any person on a full-time or pari- time basis who is employed as a security person, bouncer, or similar title in such establishment who has not completed the mandatory training course required by this section. (e) It shall be a violation of this section to employ less than the required number of trained security personnel required by this section. (f) It shall be a violation of this section to fail to file an establishment's information addressing training of security personnel as required by this section. Sec. 1425 ROLES OF THE BOARD OF PUBLIC SAFETY AND THE CHIEF OF POLICE. (a) The Board of Public Safety shall review ail documentation required to be filed under the provisions of this Article. (b) The Board shall develop a report which summarizes the documentation filed and send a copy of said report to the Chief of Police, Fire Chief, Director of Code Enforcement, Office PUBLIC SAFETY REQUIREMENTS FOR LARGEEATING/DRINKING ESTABLISHMEP]'I'S ORDINANCE PAGE 5 of the City Clerk, and the Chairperson of the Council's Health and Public Safety Committee by November 1st of each year. (c) The Board shall authorize the City Attorney's Office to take all appropriate legal action against any establishment not complying with the reporting provisions of this Article, with a copy of that request being copied to the positions listed in paragraph (b) of this section. (d) Following the receipt of the Board's report, the Chief of Police shall meet with the Council's Health and Public Safety Committee no later than November 15th of each year. At such meeting the calls for service to all such establishments shall be reviewed in light of the Board's report. Discussion and further development of broad-based community partnerships to address public safety concerns shall be addressed. Sec. 14-26 REQUIRED PUBLIC SAFETY ANNOUNCEMENTS. (a) The owner(s), operator(s) or manager(s) of all establishments meeting the criteria set forth in Sec. 14-21 with regard type of establishment, occupancy, and hours of operation shall be required to have public service announcements made each hour beginning at 10 p.m. until closing on each business day when the occupancy of the establishment is at fifty percent (50%) or greater. Establishments which have concerts or similar events shall be required to make such announcement during intermission instead of hourly. (b) Such public service announcements shall be made by microphone and shall give notice of all of the locations of the establishment's exists. (c) The owner(s) or operator(s) of all such establishments shall maintain a written copy of the public service announcement which is made and a written log detailing the time, date and person who made such announcement. All such documentation shall be maintained on a regular and consistent basis. Such documentation shall be open for inspection and review by an authorized official of the City of South Bend, and shall be maintained as a business record for two (2) years. (d) Establishments wishing a waiver to this Section, must petition the Board of Public Safety in writing and set forth the establishment's alternative plans to addressing safety concerns in this area. The Board of Public Safety shall have the final authority in this area. Sec.l4-27 PENALTIES. (a) Anyone violating any of the provisions of this Article may be subject to the following penalties: (1) Citations: For the first violation in a calendar year, a citation shall be issued to the violator imposing a fine of one hundred dollars ($ 100.00). The citation issued under this Article shall contain the date, time, name and address of establishment, the South Bend Municipal Code section violated, the nature of the violation, the name of the officer issuing the citation and instructions as to the disposition of the citation. For the second violation in a calendar year, a citation shall be issued to the violator imposing a fine of three hundred fifty dollars ($350.00). For the third violation in a calendar year, a citation shall be issued to the violator imposing a fine of five hundred dollars ($ 500.00). PUBLIC SAFETY REQUIREIvIENTS FOR LARGE EATING/DRINKING ESTABI.ISHMENTSQRDINANCE PAGE 6 (2) Public Nuisance: For the fourth violation and all subsequent violations occurring in the same calendar year, the City Attorney's Office shall bring appropriate civil action against the violator for operating as a public nuisance. For purposes of this section, the term "public nuisance" refers to a pattern of disturbance or alcohol related problems which affect at the same time an entire community or neighborhood, or any considerable number of persons, as substantiated by credible evidence from a reliable source including, but not limited to, public testimony, citizen complaints, police reports, fire department reports, code enforcement reports, and violations of the South Bend Municipal Code or state laws. The term "alcohol related problems" shall include, but not be limited to, unacceptable public behavior, noise, littering, loitering, crimes of violence, interference with the unimpeded use of sidewalks by pedestrians, interference with the unimpeded use of streets and/or alleys by the motoring public, defacing or damaging property, interference with a neighborhood's quality of life or image or quiet of enjoyment of property, and other similar problems related to the operation of lazge eating/drinking establishments regulated by this Article. (3) Civil Action: In addition to abating public nuisances, the City Attorney's Office is authorized to bring civil action against any violator of this Article for any and all expenses incurred by the City to address violations of this Article. (b) Each violation of this Article shall constitute a separate offense and be punishable as such. Section II. Severabilitv. If any part, section, paragraph, sentence, clause or phrase of this ordinance is for any reasons declazed to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and publication with an effective date of August 1, 2003. ember of the ommon Council 1st READING 3_L~'~3 PUBLIC HEARING ~-Z,3-03 ~S Su.~S'~~~~~-d 3 rd READING (o _ L3 ' 03 QS S tl `~-~J `'~ ~'U ~`~ NOT APPROVED REFERRED PASSED (p -Z3 "fl 3 0.S S t~~a-f~'~ `~-~-G` ~iR~d flrt C~~f~v'~ ~~fi~~ ,~:,:stl LOa ~TTAJ. 17ItDFa CITY CLERI:~ Ca.1V"fI€3, t TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL N~_ 23-03 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 5 ENTITLED PUBLIC SAFETY REQUIREMENTS FOR LARGE EATING/DRINKING ESTABLISHMENTS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted. Karl King Chairman