HomeMy WebLinkAboutAmending Various Sections the Municipal Code Pertaining to Issuance Suspension Revocation of Licenses and PermitsORDINANCE No 6721 -79
Passed by the Common Council of the City of South Bend, Indiana
December 17 19 79
Clerk
IRENE K. GAMMON
Attest:
of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
December 18 1q --T9—
42, - City Clerk
IRENE K. GAMMON
Approved and signed by me ![Qa CA—, %.c.J / q 19�
v— - w vI v Mayor
ORDINANCE NO. 4 7,g1- 7�?
AN ORDINANCE AMENDING VARIOUS SECTIONS
OF THE MUNICIPAL CODE OF THE CITY OF
SOUTH BEND PERTAINING TO ISSUANCE,
SUSPENSION, AND REVOCATION OF LICENSES
AND PERMITS
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend recognizes the
need to revise and amend the various sections of the Municipal Code
pertaining to the issuance, suspension, and revocation of licenses
and permits. The purpose and intent of this ordinance is to clari-
fy the procedure for the issuance, suspension, and revocation of
licenses and permits by providing a uniform system for the review
of license and Permit applications. In conjunction with the revi-
sion of the Municipal Code accomplished by this ordinance, the
Common Council further recognizes the need to delete certain code
sections which are no longer authorized by state law.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the
City of South Bend, Indiana as follows:
SECTION I. Chapter 1, Section 1 -18 of the Municipal Code of
the City of South Bend, Indiana is amended as follows:
Sec. 1 -18. Suspension or revocation of licenses or permits;
refusal to issue licenses or permits.
(a) The Sity; An official, department, board or agency of
the City authorized to issue licenses or permits under this Code
may refuse to issue a license or permit ep and any the licensee
or permits issued pursuant to this Code; e.RTeee ethepwise ppevided
thepeundep; may be suspended or revoked by the Nayei- and /ei- sueh
ethep the authorized official, department, board or agency whepe
appl4:eable after notice and hearing for any of the following causes:
(1) Any fraud, misrepresentation or false statement
contained in application for permit or license;
(2) Any fraud, misrepresentation or false statement
made in connection with the selling of goods,
wares, merchandise and services;
(3) Any violation of this Code and /or any ordinance
of the City;
(4) Conviction of the applicant, licensee or permittee
of any crime or misdemeanor involving moral tur-
pitude or a violation of any act of the State of
Indiana, or of any law of the United States, having
a reasonable relationship to the purpose and scope
of the permit or license:
(5) Conducting the activity under this Code and /or
any ordinance of the City in any unlawful manner
or in such a manner as to constitute a breach of
the peace or to constitute a menace to the health,
safety, morals or general welfare of the public.
(b) Unless provision is made under this Code for review before_
a specified body or board, an applicant for or holder of any license
or permit who has been aggrieved as a result of the refusal to issue
Words deleted - --
Words added underlined
a license or permit or the suspension or revocation of any license
or permit issued pursuant to this Code shall have the right to a
hearing to review such refusal to issue suspension or revocation
before the Board of Public Works, provided however, that when a
majority of members of the Board of Public Works have a conflict
of interest arising from their official duties or otherwise, the
matter shall be referred to the Board of Public Safety. Notice
of hearing for the refusal to issue a license or permit or the
suspension or revocation of a license or permit shall be in writing
given by the Clerk of the Board of Public Works or Safety, setting
forth specifically the cause or causes for
of the hearing. Service of such notice shall be made by either
personal service, which shall be certified, or by certified mail,
return receipt requested, to the applicant, licensee or permittee
at the last known address, at least five (5) days prior to the date
set for the hearing.
(c) In case of refusal to issue a license or permit or the
suspension or revocation of a license or permit as herein provided,
no portion of the application, license or permit fee shall be re-
turned to the applicant licensee or permittee unless otherwise pro-
vided in this Code and /or any ordinance of the City.
(d) Any suspension or revocation hereunder may be either in
addition to or instead of any penalty or fine as prescribed in this
Code and /or any ordinance of the City.
(e) The order of the authorized
official, department, board or agency, whei-e as applicable, shall
be the final municipal action for the purpose of judicial review.
SECTION II. Chapter 4, Article 3, Section 4 -12(c) of the.
Municipal Code of the City of South Bend, Indiana, pertaining to
Circuses, Carnivals or Fairs, is hereby amended as follows:
Sec. 4- 12(c). Circus, carnival or fair license; issuance,
contents; compliance with laws.
An applicant shall at all times be subject to this Code and
other ordinances of the City and laws of the State. The Controller
may, in his discretion, refuse to grant such license when- he -hae
12eas eeah�e- eaase- e- he�} ee- ha- he- g }eg- e €- ae- �e�esed -ehh }-
��ee- �ee�d- he- a- � }e�a��ee- e� -ae� -end }eaese; - Bede- e�- �a�- seh�es� -fie
the -ges }see- e- Seeee -� -�$: for the causes stated and in accord-
ance with the procedures established in Section 1-18 of this Code.
SECTION III.
Chapter 4, Article 4, Division I, Sections 4 -16(b)
and 4 -18 of the Municipal Code of the City of
South Bend, Indiana, pertaining to Cabarets and
Inns, are hereby amended as follows:
Sec. 4- 16(b). Information required; refusal of license.
The Controller may, in his discretion, refuse to issue such
license !� € -he- has -gee d- eaaee- tie- h ell eve - 4ha4-6he- epei-a:6 4!ee- e -f -seeh
eats -e- the- eeae- eehee -e- the -fie }s }ens -e for the causes
stated and in accordance with the procedures established in Section
1 -ld of this Code.
Sec. 4 -18. Cabaret or inn license; revocation; rebate.
Any license issued under this Division may be revoked by the
Mayep Controller at any time fore�a }ens -e- the - Sae- �a; -hs -Bede
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c}1Q. o- -limo- . G14-Y- Ua4.P_r t4te-
:the causes stated and in accordance with the procedures established
in Section 1-7 o is Code. so revo e , no re a e Mali 57
allowea or paid to the i1censee.
SECTION IV. Chapter 4, Article 4, Division 2, Section 4 -20(b)
of the Municipal Code of the City of South Bend,
pertaining to Restaurant Entertainment, is here -
by amended as follows:
Sec. 4- 20(b). Restaurants entertainment license; application;
refusal of issuance.
The Controller may, in
such license grcrT hA—_ l ems- P
P c7Pp u) mo A t-o- be. 4Q44 ,- t4D"_ ax
tha nai»Ps stat.Pd and in arc'
in 2 --eti nn 7 - -1n' this Coop
his discretion, refuse to grant any
taco-
..zar�.�..L =1T
3.04 - o-ri o-tq�12- o-4 1.r4& .qua- (� t4&
#a 4he p e lslens e�P 9e8 #4_-en -1 -1-8-for
Drc3.n e with the procedures establisFed
SECTION V. Chapter 4, Article 5, Sections 4 -28(d) and (e)
and Section 4 -29 of the Municipal Code of the City
of South Bend, Indiana, pertaining to Pool or
Billiard Halls, is hereby amended as follows:
Sec. 4 -28. Pool or billiard hall license: investigation;
report; decisionz review of refusal.
(d) Upon receiving such report from the Chief of Police, the
Controller shall within seven (7) days either grant or reject the
application. If the Controller rejects the application, he shall
submit forthwith the original application, the report of the Police
Chief and a written statement of his reasonsfor rejecting the
application to the Clerk of the Board of Public Works. and Sa €ety
The Controller may rejec au application under this section if the
applicant fails to meet the requirements of Section -27 and /or for
the causes stated in Section 1-ld of this Code.
(e) Upon receiving the rejected application and report, the
Clerk of the Board sha11; -et 4-t-5 -icxrt zl. .1.3 tle.ci ,3-
ri-rre wh-e� ot- net-
d�'T'i1TiT['e'S'-#r�r�t 3-�i -- ire• 3- 3- �-- g�taE�. y-- �.. sY�a1 .L.sc�":�:�.�,tc.��.l�.Cas�
t- rcy-13�7_W+T 0-- err- i- 3 -i-_t4r�� -T-f- Baard..�le er=
sueh leet1ng
pe .fep the Faa # #ep to the MayeP whe shall pPeseed. as #e ne #lse and
heaP4!g pupsaan# to the pPe;xlalens e See lse -1 -18= issue notice to
the applicant of the time and place for a hearing to review the
application pursuant to the provisions o ec ion 1-ib of Uiis Code.
Sec. 4 -29. Refusal of license; hearing; procedures; rules.
(a) On the date of the hearing, aseged
the applicant for a license under this Article may be present and
may be accompanied by an attorney or any other representatives.
The Mayer Board of Public Works shall conduct a full hearing and
determine whether or not such license shall be granted.
(b) In conducting the hearing, the applicant may adduce such
evidence before the Mayen Board of Public Works as may be applicable
in the case. In reaching h -is a decision, the Mayer Board shall give
due consideration to any such facts to determine the qualifications
of the applicant to meet the requirements set out in Section 4 -27,
and /or Section 1 -18 of this Code.
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(c) In conducting such hearings, the Mayen Board shall not
be bound by the common law rules of evidence, but may admit such
evidence which in hie its discretion he feels will aid hixa it in
reaching his a decision.
SECTION VI. Chapter 4, Article 6, Section 4 -38 of the
Municipal Code of the City of South Bend,
Indiana, pertaining to Public Dance Halls,
is hereby amended as follows:
Sec. 4 -38. Public Dance Hall license; revocation.
fa4 The license required by Section 4 -36 may be revoked
afteF heaping by the NayeP upen eatiefaeteny evidenee that= by
the Board of Public Works for the causes stated and in accordance
with the procedures established in Section 1-18 of this Code.
414 The plaee se eeeapied is being eendaeted -in vieia-
tien of any State law en any ppevisien of this cede ep ethep
epdinanee of the city andep the previsions of Seetien
- 24 The ewHeFe eP epePaters of sueh plaee have knew -
ingly pePRitted the violation of any saeh law; Sede ep epdinanee ep;
f34 They ape epepating eueh plaee in saeh a Eannep -as
to eenstitate a iqublie naieanee.
SECTION VII.
Chapter 4, Article 7, Section 4 -41 of the Muni-
cipal Code of the City of South Bend, Indiana,
pertaining to Roller Skating Rinks, is hereby
amended as follows:
Sec. 4 -41. Skating rink license; revocations.
(a) Any license issued under this Article may be revoked
aftep heaping -by the -Mayen apen eatisfaetepy evidenee that= by
the Board of Public Works for the causes stated and in accordance
with the procedures established in Section 1-18.
4-14 The plaee se eeeapied as being eendueted in viela-
tien of any State law en this cede ep any ethep city epdinanee
andep the ppevi-siene -ef Seetien l -19-
424 The ewneps eP epepateps of the Pellep skating pink
have knew -Ingly pep?Ritted the violation of any saeh lava; Sede ep
epdinanee, eP;
434 They ape epepating the Pellep skating Pink in-saeh
a 'Rannep as te- eenstitate a pablie naisanee.
SECTION VIII. Chapter 7, Article 1, Section 7 -6(a) of the
Municipal Code of the City of South Bend,
Indiana, pertaining to General Provisions -
Business, is hereby amended as follows:
Sec. 7 -6(a). License revocation; violation of Federal, State
or City ordinances; special violation.
(a) The Mayep Board of Public Works shall have the authority
to revoke the license of any person issued under the provisions of
this Code for any violatien apen eenvietien of the laws of the
State eF of the United States ep of any ppevis }en of this Sede ep
ethep epdinanees of the city in eenneetien with the e:pepatien ef-
eaeh plaee e€ business ep fen any ethep Peasen as is ppevided by
this Sede ep ethep epdinaneee andep the ppevisiens of Seet4:en -1-19=
the causes stated and in accordance with the procedures established
in Section 1-18.
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SECTION IX.
Chapter 7, Article 2, Sections 7 -16 - 7 -33
inclusive, of the Municipal Code of the City
of South Bend, Indiana, pertaining to Auctions,
are hereby deleted in their entirety.
ART _TBhF -2- AHSTI9NS-
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eeld
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made- b-Y - to-- d-e- eQ- pe &- o-- �ega�- �o-o-o-se -o-�
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merchand -ef- -the - datre -ep -eaeh
app ±�catren, -and
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has- �e��� }ed- the- sba�e�ee�s- seeba��ed- ��- bh.e- a��llcablou_aud_bbere
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held3- be -f ePe- eaeh - gale - 4:s- he14T- bhe- eW -Per_e -bhe- ro ert _to,be_sold
shah- attaeh - !ea- be -be- filled-- hg- �b_�otroller_
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�e�eea� -ee- deed- §ees -hee- beep- a- hg- �_Xer_ab_�east
shaT4- be- kept - ea -Te -- the- ese -e- the-- �ebre���r_ad_sha11
���- �e- ger�eeal- preggr��- sh�l�- bg- se�d_or_A�farad_f�r_sa1�
a� -ae�- eaeh- aae��ea- ae�eee- e�sh- ��e�e���- be- ��e�udg�- aid- dgs�r�bgd_iu
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- 5 -
Ns- g ssn- shall- be- gpanted- a- l -Isense- ande -p- #h -i e- -Apt -iele -whe
4a.9- ns t- bgen--in- the- 4ewe ; -PY- bas -inese- n- e -S -a -a -leas
- Pienths- #e -the - 4ssaanee- a € - saes- a- �eenee-
hest -� -���
shall- be- g ensP!saeusIF- pes4e4 -ln- the- .PeeRI- }n- W];4leh- saah- aae # -Ien
Ses,7 -22, A�astlens- en- 9)andays- ep- ;ega ;- heI414ays- ppehlblte4,
fee- ssae�T -g- anon- _ae� -e- sash- 1l gong e- shall -sen-
nae -e- net- ee- an-- ��8�- sassesse- �as3- ee�a�ng
hest -� -�4T �as��ens3- �����a��en- en- �a�esz
s -As�e- Ong- a- �ee� -e - the- ea- �e�een- eee -��
by- the - -the - heI4!ng- ef- an -aas Pled,
�e- �e�sen- �e- ��g�- a- ��sense- has - been- �ssae�- an�e� -���s
she -s ad - use - Paad3- 4esel #- eP- R}spe;Rpesenta #len -ln- the- sale
e- e -eeng- eP- gale -eg- any- geeds3- wages - and- eean�seT
Ne -Pop s en- #e- w1_4e1:R- a- 14!sens s- Apt -eIe
me ant - and- insladed -Pees ens- wl# h- whepa- an- appangep;en #- eP- andeP stand 4ong
the- aptlsle- ep- by- t!Ps�epy -te- indorse- e #1qePs- #e- 14 }d- 4aping -sash
aast;Len_
�e- �e�sen- s�a��- ase- �e��s3- �asse�s -ems- and- �a��e��- e�- �ee�aa�ea�
�e�eea��e�- e�- ��eenseT
- 6 -
���- Safes- ��- e�esa�e�s3- ads }a�s��a�e�e;- gaa�d�a�e;
�rus�® es- er- �eee��e�s- ae��eg- aede�- e�de�- e�- �ea��,
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��ded- ��- �a�- �e- ee�e�ee- ae�- ��ee- ��e�ee�; -ems;
du�ies�
Seer -� -�BT Aae�} ees- ee- �ad� }e- e��ee�s- ��e��d��ed:
Ses : -� -��z Seedae�} eg- aae��eas- €�e�- dee�e- e�- ���de�s
eP- e ale -at e- aaetl en- any
gesds;- e�a��e�s3- �a�es- e�- �e�e�aed�ee;- ��e� -aa�- deems -ems -� }edema -e�e�
�aeee�- e�s���s�edT
Ns- Pepaee- sa��- e��e- ae- �e��ae- e- dea -e- ease -aa
�e�ese -fie- ass- aa�- de��- e�- e��e�- sea�d�ag- ��s��a�ea�- as- a- �eaee -e�
a���ae��eg- geeg�e- �e- ae- aae��e�- e�- ae�- e��e�- g�aee -e�- des }eese:
saes- �a�gsseT
Ae -fie �ea- eta ag- ep- �Palling- te- eeFaply- W }t- h- tli e- P12 eVlal&Rs
9e st4aR- 1- 23- eP- o4e- PeVeea #4- ee-eP -sasge s ee- e9- aey- 14-- 8eese- 4! ss;6le4
SECTION X.
Chapter 7, Article 4, Section 7 -60(b) of the
Municipal Code of the City of South Bend, Indiana,
pertaining to Peddlers and Itinerant Produce
Dealers, is hereby amended as follows:
Sec. 7 -60. Licenses; issuance; refusal.
(b) The Controller is authorized to refuse to issue any
license - tie- das}aess- t, a- be- eaJ212led- ee -dy- the- app -Ile ant -ls - -ia
e -fie -fie }seas -e- Seed }ea -� -��: for the causes stated and in
accordance with the procedures established in Section 1-18.
SECTION XI.
Chapter 7, Article 5, Section 7 -82 and
Section 7 -84 of the Municipal Code of the
City of South Bend, Indiana, pertaining
to Scrap or Junk Dealers, are hereby
amended as follows:
Sec. 7 -82. Scrap or junk yard license; issuance; refusal.
(a) Upon the approval of applications as provided by
Sections 7 -80(b) and 7--81(a) and (b) , the Clerk of the Board of
- 7 -
Public Works shall submit to the Board for its approval; a resolu-
tion recommending the issuance or renewal of the license. Such
resolution shall be submitted to the Common Council for its consi-
deration. The declaration of the Board shall be deemed conclusive
unless the Common Council by resolution shall disapprove the
Board's resolution at its next regularly scheduled meeting.
(b) Upon final approval of the application by the Board of
Public Works and Common Council the Controller shall issue or renew
the license for maintenance and operation of a scrap or junk yard.
If such application is disapproved by the Fire Prevention Bureau,
the Environmental Protection Office, the Board of Public Works, or
the Common Councils the license shall not be issued under the pro-
visions of Section 7 -78. Any license fee paid by the applicant
shall be refunded in full upon denial of the application
(c) Any new application for or renewal of a scrap or junk
yard license shall be disapproved by the Fire Prevention Bureau and
the Environmental Protection Office if the applicant fails to meet
the requirements of this Article and /or for the causes stated in
Section 1-18(a) of this Code. If the Fire Prevention Bureau and
Environmental Protection Office disapprove of the application or
renewal of the license, the applicant shall be notified of the dis-
approval and a hearing shall be conducted before the Board of Public
Works in accordance with the procedure set forth in Section 1-18(-b7-
-1 b
of this Code. The Common Council shall disapprove rove the application
if the applicant fails to meet the requirements of this Article
and /or for the causes stated in Section 1-18(a of this Code.
Sec. 7 -84. Scrap or junk yard license; suspension,
revocation, appeal.
(a) Any person found gel -e- }eta }erg in violation of any
provision of this Article or the standards set forth in Section
1 -18(a) of this Code shall be subject to having his license suspended
or revoked by the Mayeiv Board of Public Works. Upon determination
by the Fire Prevention Bureau or Environmental Protection Office that
the junk yard or junk dealer or scrap yard or scrap dealer has
violated this Article and /or Section 1 -18(a) of this Code, the Bureau
or the Environmental Protection Office shall notify the Clerk of the
Board of Public Works who shall notify the owner or operator of such
Junk yard or such junk or scrap dealer of such violation(s), 4:n
wP�;64!ng: and that a hearing will be held before the Board of Public
Works on the suspension or revocation of the license in accordance
with Section 1-18(b) of this Code.
(b) ;- �l�e- �e- �ea�- e €- �4�pea�e- dee��es- is -a -pes }ems
leas- beep- seeee�- a -eee�: The Board of Public Works may sus-
pend such license pending correction or removal of any violation (s),
or may revoke such license for any such violations)
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SECTION XII.
Sec. 7 -100.
Chapter 7, Article 7, Section 7 -100 of the
Municipal Code of the City of South Bend,
Indiana, pertaining to Self Service
Laundries, is hereby amended as follows:
Closing of self service laundries for violations.
By committing any violation of this Article, or for any of
the causes as set forth in Section 1 -18 of this Code, the operator
shall subject his establishment to closure pending the eenpeetlen
of "eh vielatien outcome of the review hearing authorized pur-
suant to Section 1- 1$- -of the Code. +R adde to ally ethep penalty
lfapesed fep eueh Vlelatlen-
SECTION XIII.
Chapter 10, Article 2, Sections 10 -29 and 10 -39
of the Municipal Code of the City of South Bend,
Indiana, pertaining to Restaurants, are hereby
amended as follows:
Sec. 10 -29. Permit; denial or revocation.
ode eepFalt vequ -Ped by this APtlele ep its i-enewal- shall -be
denied -eP Peveked eh apbltpany ep eappleleus g Bands-
The Health Officer shall_ have the authority to refuse and /or
revoke any permit required by this Article for the causes stated
and in accordance with the procedures established in Section 1 -1
of this Code.
Sec. 10 -39• Restaurant permit; revocation.
The Health Officer, e.pen a heaPingT }f the eePFa-lttee falls to
shew eaese why the pePrfilt sheuld net be Feveked; shall; in accord-
ance with the procedures established in Section 1 -18 of this Code s
may revoke the any permit required by this Article. and pnexiptly
give wpltten netlee of sae" aetlen to pePFAlttee= The Health Officer
shall maintain a permanent record of his proceedings filed in the
office of the Health Department.
SECTION XIV. Chapter 11, Article 3, Division 2, Section 11 -27
of the Municipal Code of the City of South Bend,
Indiana, pertaining to Hotels /Motels - Licenses,
is hereby amended as follows:
Sec. 11 -27. License revocation or suspension; appeal.
Any license issued under the provisions of this Article may be
revoked or suspended aften netlee and heaping for the causes stated
and in accordance with the procedures provided in Section 1 -1 Any
appeal en -the denial of saeh lleense shall be in aeeeFdanee with the
p�e�lslens -ef feet }en- l- l�¢e -}-
SECTION XV.
Sec. 14 -10.
Chapter 14, Section 14 -10 of the Municipal Code of
the City of South Bend, Indiana, pertaining to
Pest ControlVis hereby amended as follows:
Licenses; refusal: revocation.
Licenses may be refused or revoked by
after proper notice and hearing in the event
determines that such action is necessary for
health and safety.
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the Health Department
the Health Department
the protection of public
SECTION XVI. Chapter 15, Article 2, Section 15 -54 of the
I'lunicipal Code of the City of South Bend,
Indiana, pertaining to Taxicab Drivers' Licenses,
is hereby amended as follows:
Sec. 15 -54. Taxicab drivers' license; suspension or revocation.
(a) The Board of Public Works gad 9a €Q #y is given the authority
to,suspend any taxicab drivers' license issued under this Division for
a driver failing or refusing to comply with the provisions of this
Article or with the provisions of Section-1-18,(a). The suspension shall
last for -a period or not more than thirty 30 days.
(b) The Board of Public Works aa4 ga €e4y is also given
authority to revoke any taxicab drivers' license for failure to com-
ply with the provisions o this Article or for the causes stated in
Section 1- 1.8(a). However, a license may not be revoked unless the
river has received notice and has had an opportunity $a pveeea#
e *1deaee 4a 4 -1s for a hearing in accordance with Section 1 -18
of this Code.
SECTION XVII. Chapter 15, Article 3 of the Municipal Code of
the City of South Bend, Indiana, pertaining to
Commercial Buses, is hereby amended by adding;
a new Section 15 -58.1:
Sec. 15- -5811. Licenses; suspension; revocation.
The suspension or revocation of any such license issued under
this Article or the refusal to issue any such license shall be for
the causes stated and in accordance with the procedures established
in__Section 1-18 of this Code.
SECTION XVIII.
Chapter 16, Article 4, Section 16 -31 of the
Municipal Code of the City of South Bend,
Indiana, pertaining to Licensing Haulers &
Collectors, is hereby amended as follows:
Sec. 16 -31. License; V4.9-laden# suspension;
revocation.
The Board of Public Works ;xa�f -tepm4Ra4e an*
Veff44Pad -in 4A-la AP44ele w4ea 4!# 44 deteprA4aed 4kat 4" 4ejdep 40.0
*4e ;a4ed aigy PPOV46€ea e€ 4?4i-s Qiqaptep e€ aRy s € -4?4e vuloo OF Peg4-
lat4ees e€ 44e -Pep4T e€ Rbt414!s wepke a €4ev the g4v -eg e€ ae1614e 4e
44e 49440 e€ "84 ; €geese as 6 "PeiRt4 14Y COP 4eaF4!agv shall have
the authority to suspend or revoke such license, or may refuse to
issue any such license -under this Article for any of the causes
stated and In accordance with the procedures established in Section
r
1 -18 of this Code.
SECTION XIX. Chapter 19, Article 1, Section 19 -31 of the
Municipal Code of the Cite of South Bend,
Indiana, pertaining to Trees and Shrubs, is
amended as follows:
Sec. 19 -31. Arborist's license; revocation.
In the event of any violation of the provisions of this Article
or any other ordinance of the Cite, the laws of the State pertaining
to the planting, removal or maintenance of trees or shrubs in the
City or any of the rules of the Board of Park Commissioners which
may be adopted in accordance with the provisions of this Article, by
any licensed arborist, in addition to other penalties which may be
provided for violation of this Code, the - !4&y9F an official, department,
board or agency of the City authorized to issue any
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arborist's license may, upon evidence being presented by the
Department of Public Parks, revoke any apbepist!s such license
sseed -e�de - this -�4�t ele- a s aet- te- the -gee t4!eR
-��- for the causes stated and in accordance with the procedures
established in Section 1-18 of this Code.
SECTION XX. This ordinance shall be in full force and effect
from and after its passage by the Common Council of the City of
South Bend, Indaina, approval by the Mayor, and legal publication.
15t REARiNG 'oA _S-
PUBLIC HLARING i o2 -ti- 7 5
2nd READING 7`I
MOT APPROVEQ
�sti4RED 1%
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<< „. ') ” 1579
f`;" „ r- v
APPENDIX A
PROVISIONS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA
AMENDED BY THIS ORDINANCE
SECTION I. GENERAL PROVISIONS
Sec. 1 - -18. Suspension or revocation of licenses or
permits; refusal to issue licenses or permits.
Amended subsections: (a), (b), & (e)
SECTION II. CIRCUSES, CARNIVALS OR FAIRS.
Sec. 4- 12(c). Circus, carnival or fair license;
issuance, contents; compliance with laws.
SECTION III. CABARETS AND INNS.
Sec. 4 -16(b) Information required. refusal of license.
Sec. 4 -18. Cabaret or inn license; revocation; rebate.
SECTION IV. RESTAURANT ENTERTAINMENT.
Sec. 4 -20(b) Restaurants entertainment license; application
refusal of issuance.
SECTION V. POOL OR BILLIARD HALLS.
Sec. 4 -28(d) & (e). Pool or billiard hall license, inves-
tigation; report; decision, review
of refusal.
Sec. 4 -29. Refusal of license; hearing; procedures, rules.
SECTION VI. PUBLIC DANCE HALLS.
Sec. 4 -38. Public dance hall license; revocation.
SECTION VII. ROLLER SKATING RINKS.
Sec. 4 -41(a) Skating rink license; revocations.
SECTION VIII. GENERAL PROVISIONS - BUSINESSES
Sec. 7 -6(a) License revocation; violation of Federal,
State or City ordinances; special violation.
SECTION IX. AUCTIONS.
Sections 7 -16 - 7 -33 inclusive
Chapter 7, Article 2 deleted in its entirety.
SECTION X. PEDDLERS & ITINERANT PRODUCE DEALERS.
Sec. 7 -60(b) Licenses; issuance; refusal.
SECTION XI. SCRAP OR JUNK DEALERS
Sec. 7 -82. Scrap or junk yard license; issuance; refusal.
SECTION XII. SELF SERVICE LAUNDRIES.
Sec. 7 -100. Closing of self service laundries for violations.
SECTION XIII. RESTAURANTS
Sec. 10 - -29. Permit; denial or revocation.
Sec. 10 -39. Restaurant permit; revocation.
SECTION XIV. HOTELS /MOTELS - LICENSES
Sec. 11 -27. License revocation or suspension; appeal.
SECTION XV. PEST CONTROL.
Sec. 14 -10. Licenses; refusal; revocation.
SECTION XVI. TAXICAB DRIVERS' LICENSE.
Sec. 15 -54. Taxicab drivers' license; suspension or
revocation.
SECTION XVII. COMMERCIAL BUSES.
Sec. 15 -5 8. 1.Licenses ; susnension; revocation.
SECTION XVIII. LICENSING HAULERS & COLLECTORS.
Sec. 16 -31. License v4:e1at -ien suspension;
revocation.
SECTION XIX. TREES AND SHRUBS.
Sec. 19-31. Arborist's license; revocation.
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Thomas J. Brunner, Jr.
City Attorney`
Robert M. Parker
Chief Deputy
CITY of SOUTH BEND
PETER J. NEMETH, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
November 28, 1979
South Bend Common Council
County -City Building
4th Floor, Council Chambers
South Bend, Indiana 46601
Dear Members of the Common Council:
219/284 -9241
The enclosed bill is intended to amend the various sections of
the South Bend Municipal Code which pertain to the issuance, suspension
and revocation of City licenses and permits. The purpose of this bill
is to establish a uniform procedure for the issuance of licenses and
the review of compliance by licensees during the course of the license
period by requiring that the standards and procedures established in
Section 1 -18 of the Municipal Code be applied to all licensing ordi-
nances.
It is our opinion that the standards and procedures set forth in
Section 1 -18 of the Municipal Code meet constitutional due process
requirements and should be applied to all licensing ordinances. (An
appendix to the various sections of the Municipal Code amended by this
bill is attached for your reference).
For these reasons, your favorable action on this bill will be
appreciated.
Very rul yo ,
T as , Jr.
City Att r y
TJBjr /klh
Enclosure (1)