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HomeMy WebLinkAboutAmending Chapter 4 Licensing Open Air Businesses and to Include Donation Boxes and other Containers Designed to Accept ot to Distribute Used ItemsORDINANCE No. 10303 -14 Passed by the Common Council of the City of South Bend, Indiana Attest: JOHN April 14, 20 14 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 15, 20 14 Approved and signed by me 14 ( A I L is- 20 0 City Clerk �M or Substitute Bill No. 18 -14 ORDINANCE NO. �0303_1� AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 38 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OPEN AIR BUSINESSES AND TO INCLUDE DONATION BOXES AND OTHER CONTAINERS DESIGNED TO ACCEPT OR TO DISTRIBUTE USED ITEMS STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 4 of the South Bend Municipal Code to revise provisions for the licensing of open air businesses and to provide for licensing of containers designed to collect donations of used items. The Common Council of the City of South Bend determines that from time to time donation boxes or other large containers are placed on public or private property for the purpose of accepting donations of used items. Historically such containers have been used by local charitable organizations. As a general rule, such containers have been monitored by the local organizations responsible for them, and items left outside such containers have been removed promptly by the local organizations. In addition, the information on such containers has clearly identified the organization responsible for the containers, and the general public was able to ascertain whether the items placed into the containers would be used for the benefit of a local charitable organization. Further, the local organizations responsible for the containers could easily be contacted in the event that items were left outside the containers or the containers needed to be emptied or maintained. Recently, however, numerous containers have been placed throughout the City by both for - profit and not - for - profit organizations, many of which do not have a local contact person to reach in the event that the box should be emptied or maintained or to remove items discarded outside the boxes. In addition, information on the boxes has not informed donors of the ultimate use of the donated items, nor whether the items would be used to serve a for -profit or not - for - profit goal. The Common Council of the City of South Bend finds that the general public should know if items placed in donation boxes will support local charities. The Common Council also finds that the City administration should be able to contact a local person or organization for prompt removal of items or maintenance of the containers if necessary. For these reasons, the Common Council believes that it is necessary to provide for licensing such containers. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. Chapter 4, Article 4, Section 38 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 4 -38. Open -air businesses. (a) Every person who erects, places or stands in the City an open -air booth, shed, tent, trailer or stand for the purpose of selling, bartering, receiving for future sale or use, distributing, or exchanging on or from such place any goods, wares or merchandise, which terms shall include also all fruits, vegetables, country produce, refreshments, beverages, baked goods, and confectionary, before engaging in such business shall obtain a license from the Controller. The license shall designate the place where such business is to be operated and the kind of booth, shed, tent, trailer, container, donation box or stand in and from which such articles are to be sold. (b) If the location for an open -air business is on private property, the applicant shall attach to his the application a signed statement from the owner or lessee of the real estate granting permission to the applicant for the use of the location for business purposes for the duration of the license. (c) Applicants desiring to sell goods, merchandise, fruits, vegetables or produce by weight or measure shall attach to the application a certificate signed by the sealer of Weights and Measures showing that all scales and measures to be used have been tested and approved. (d) The license fee for donation boxes as provided in subsection (i) of this section shall be twenty -five dollars ($25.00) per year. The license fee for an oy ther open -air business conducted on private property shall be forty -five dollars ($45.00) per location per year. The license fee for an open -air business other than donation boxes conducted upon public property shall be forty dollars ($40.00) per location per year. No license shall be issued by the Controller under this section until the zoning, ingress and egress of the location(s) have been approved by the appropriate City departments. (e) A license may be granted under this chapter for a transitory open -air business which shall be moved to various locations during the duration of the license term, provided that the applicant, in addition to meeting all other requirements of this section, attaches to the application a list of the locations and the dates on which the business will be operated at each location, along with the permission for use of each location as required by subsection (b). (f) No open -air business license may be issued by the Controller for a business to be located on public property until the location of same is approved in writing by the Board of Public Works. (g) Exclusion: The term "open -air business," as used in this section, does not include establishments which are defined as itinerant restaurants under section 4 -45 of this chapter. (h) Exemptions: The provisions of this section shall not apply to vendors exhibiting upon the grounds of the St. Joseph County Fairgrounds, a not - for - profit agency. (i) Donation boxes: The provisions of this subsection shall apply to boxes or containers placed on public or private property for the purpose of receiving or distributing donations of goods for reuse, sale or for any other purpose In addition to the above requirements any person seeking to place or maintain a donation box or container must clearly post on the outside of the container the name address and telephone number of the organization receiving donations is a not - for - profit or a for - profit entity. The donation box or container must be monitored by an individual and emptied at least once every seven (7) days If items are overflowing from or placed outside the box or container, the individual must respond to calls to remove the items placed inside or within ten (10) feet of the box or container within twelve (12) hours of the call The applicant must also clearly state on the application the name address and telephone number of the individual who will be responsible for monitoring emptying and maintaining the box or container and responding to calls to clean the area around the box or container. The responsible individual must reside or conduct business within St Joseph County Indiana or a count immediately adjacent to St. Joseph County Indiana Upon granting the license for each donation box, the City shall issue a decal for the licensed donation box containing the permit number and the date of permit expiration The license holder shall affix the decal to the front of the donation box. Absence of an affixed decal may result in sanctions pursuant to this Chapter and Chapter 16, including after investigation removal of a non - licensed non - conforming box or container. Section II. This ordinance shall be in full force and ffec rr7�and after its sage Jryj the Common Council, and approval by the Mayor, d pt� . ati n(as requir w. Attest: City Presented by me to the Mayor of the City of South Bend, Indiana on the 1 r day of 4(ZA , 2014, at 1 ,0D o'clock a..m. Dept City Clerk Approved and signed by me on the %J'' day of AL L 2014, at 5 o'clock P .m. D iP ct7i nayor, City of South Bend 1st RFADING 3 i'j I(( PUBLIC HEARIRG `{ i Y Y Q S S" j 3 rd READING L(—(-( —L Y cc's 5 i"A ` - NOT APPROVED V ,1 PASSED l � L C � Cr S ,, c3 "Lk -*''�1 Filed In r.',- En's Office 14 :4] ,OHN VOORD CITE ' ,.ERX, SOUTH BEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 18 -14 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 38 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OPEN AIR BUSINESSES AND TO INCLUDE DONATION BOXES AND OTHER CONTAINERS DESIGNED TO ACCEPT OR TO DISTRIBUTE USED ITEMS 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 substitute. This bill was heard by the Personnel & Finance Committee. Valerie Schey Chairperson, Committee of the Whole 1400 S. COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.5912 FAX 574.235.9021 TOO 574.235.5567 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF COMMUNITY INVESTMENT MICHELLE ADAMS BUSINESS LICENSE ADMINISTRATOR MADAMS%Q SOUTHBENDIN.GOV March 4, 2014 Mr. Oliver Davis President, South Bend Common Council 4th Floor County City Building South Bend IN 46601 Re: Ordinance To Amend Chapter 4 of South Bend Municipal Code to Inc 1 ude Donation Boxes Dear President Davis: Attached for filing with the South Bend Common Council is an ordinance which amends Chapter 4 of the South Bend Municipal Code to include donation receptacles among the type of items requiring a business license within the City of South Bend. Drafting of this ordinance began while Ms. Ann Carol Nash was Assistant City Attorney in response to concerns raised by Goodwill of Northern Indiana. Goodwill, along with other local charitable organizations, have maintained donation boxes in the area for many years. The resulting donations to Goodwill provide many services to South Bend, including the creation of jobs and the sale of low cost household goods to local residents. Recently, some donation boxes have appeared which support businesses and organizations based outside the community. Some boxes may not be emptied or monitored regularly causing discarded items to litter the area. The community would be better served by full knowledge and information of the sponsoring entity, as well as by the identity of a responsible party to relieve taxpayers of the burden of removing any litter and discarded items. This ordinance provides a mechanism for registration of donation boxes with the City, and requires a local contact person responsible for monitoring and cleaning the area surrounding the registrant's donation box. Former Assistant City Attorney Ann Carol Nash will make the formal presentation of this ordinance to the Council at its Committee and regular meeting, and she will answer any questions or concerns you may have. Sincerely, Michelle Adams Licensing Director d- 6 Cd3�C / in