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HomeMy WebLinkAboutAmend Chapter 4, Article 4, Section 18.5 - for techinical purposes - Regulating Adult BusinessORDINANCE No. s3 - Passed by the Common Council of the Ciry of South Bend, Indiana December 9, Attest: _,-- ~/ ( - Attest: ~~,~E~. 20 02 Presented by me to the Mayor of the Ciry of South Bend, Indiana December 11 20 02 Ciry Clerk President of Common Council City Clerk December 12, Approved and signed by me 20 ~? ter, ~(~~c-~- ~c_e Mayor ORDINANCE NO. 3 ~1~ ~ O AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING FOR TECHNICAL PURPOSES CHAPTER FOUR, ARTICLE FOUR, SECTION 18.5 OF THE SOUTH BEND MUNICIPAL CODE REGULATING ADULT BUSINESSES STATEMENT OF PURPOSE AND INTENT Chapter Four, Article Four, Section 18.5 of the South Bend Municipal Code regulating adult businesses was enacted to further the City of South Bend's interest in controlling adverse secondary effects associated with adult business, to protect the health safety and welfare of the citizenry; to protect the community from crime and illicit activities; to preserve the quality of life; to preserve the character of surrounding neighborhoods and to deter blight. The legislative purpose remains in full force and effect. However, it is necessary to clarify Section 18.5 of Chapter Four, Article Four of the South Bend Municipal Code so that it will fully accomplish its objective in acontent-neutral manner consistent with state and federal constitutions. For that reason the technical amendments set forth herein are in the best interests of the City of South Bend and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. That Chapter Four, Article Four, Subsection 18.5(b)(6)a. be and hereby is amended to read as follows: a. [Addresses] 1. The name, strcct business address (and mailing address if different) of the intended operator. 2. The name,~lst~rcet business address (and mailing address ifdifferent) ofthe owner(s) of the adult business. Section II. That Chapter Four, Article Four, Subsection 18.5(h) be and hereby is amended to read as follows: h. Administrative and judicial review. (1) An applicant may appeal the decision of the Controller regarding a refusal to issue or renew a license as provided by subsection 4-16(b). Notwithstanding anythin~ in subsection 4-16(b) to the contrary aAny existin adult business or any new adult business applicant which has a license application or renewal application denied or has a license suspended or revoked may continue operations pending appeal, - (2) Prior to den in ,suspending, or revoking a license hereunder, the Controller shall give the ~plicant or licensee written notice of the reasons for the suspension or revocation, and notice of the right to a hearing under subsection 4-16(b). > > (3) An applicant or licensee (a~~rieved party whose application for a license or renewal of a license has been denied or whose license has been suspended or revoked shall have the right to challenge or appeal such action upon factual grounds or constitutional grounds or both to a court of law within 30 days after the City denies suspends, or revokes the application or license. Judicial review may be obtained without exhausting the procedures for administrative appeal provided herein Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the City's enforcement of the denial suspension, or revocation, the City shall immediately issue the aggrieved party a Provisional License. The Provisional License shall allow the a~~rieved p_arty to continue operation of the sexually oriented business orto continue employment as a sexually oriented business employee and will expire only upon the court's entry_of a jud~rrtent on the merits ofthe ag,,~rieved Qart~s appeal or other action to restrain or otherwise enjoin the City's enforcement. Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ~w~ ~ /C~~ Member, South Bend Common Council 1 st READING ~, - 2 ~ Q2 PUBLIC HEARING ~ Z-q-O L 3 rd READING tZ~~- O L NOT APPROVED REFERRED PASSED I2-~.` ~~"' F10£~ ~eC~'a ~ ~~~l~~ e~4~~ ~ ~ 2.~~~. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 97-02 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING FOR TECHNICAL PURPOSES CHAPTER FOUR, ARTICLE FOUR, SECTION 18.5 OF THE SOUTH BEND MUNICIPAL CODE REGULATING ADULT BUSINESSES 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. Karl King Chairman 14UU COUNTY-CfCY BUILDING SOUTH BEND,INDGINA 46601-1830 PHONE 574/235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE CITYATTORNEY November 20, 2002 Mr. Roland Kelly, President South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Technical Amendment to Adult Business Ordinance Dear President Kelly: AI.ADEAN M. DERosE CHIEF ASSISTANT CI I'YATTORNEY Enclosed please find, for Council review and action, a proposed ordinance amending the sections of the South Bend Municipal Code regulating adult businesses. After the passage of the City's current adult business ordinance, and while litigation was pending on challenges to that ordinance in the St. Joseph Superior Court, we became aware of certain recent case law which requires municipal ordinance regulating adult businesses to include provisions guaranteeing protection of certain First Amendment activities from prior restraint. At the suggestion of outside counsel who has been assisting us in the adult business ordinance trial, we are suggesting that passage of this amendment would assist in preservation of the City's existing ordinance. As a practical matter, the City has allowed adult businesses to continue to operate while legal challenges to the City's ordinances are pending in the courts. This proposed ordinance codifies that policy and should provide the appropriate due process protections necessary for preservation of the ordinance. I will be available to answer questions at the Council's committee meeting and will appear at the Common Council meeting when the ordinance is considered. Sincerely yours, 1 ~L Charles S. Leone City Attorney CSL/jl Attachment r ~~~C~a ~ ~~fc~~' Fl~~t~ 161 ~r. r ~~©~' ~ ~? L~~d I ~rrc~~~~~~s~.~°" ~~ THOMAS L. BODNAR CHERYL A. GREENS JOHN E. BRODEN JEFFREY M. JANKOWSI~ ROBERT C. ROSENFELD ANN-CAROL NASH