HomeMy WebLinkAboutAmend Chapter 4, Article 4, Section 18.5 Regarding Adult BusinessORDINANCE No.
9132-00
Passed by the Common Council of the City of South Bend, Indiana
August 28,
Attest:
Attest:.
00
20
Presented by me to the Mayor of the City of South Bend, Indiana
August 29. 20 00
City Clerk
President of Common Council
Ciry Clerk
Approved and signed by me August 29, 20 00
May~crr
Ordinance No. `, >2 ~®
AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL AMENDING
CHAPTER FOUR, ARTICLE FOUR, SECTION 18.5 OF THE SOUTH BEND
MUNICIPAL CODE REGARDING ADULT BUSINESSES
Statement of Purpose and Intent
The Indiana Home Rule Statute authorizes municipalities to adopt ordinances to protect the
health, welfare and safety of its residents and to preserve the peace, order and safety of its community;
and
Sexually oriented businesses within the corporate limits of the City of South Bend require special
supervision from local public safety and health agencies in order to protect and preserve the health, safety
and welfare of the patrons of such businesses as well as citizens of South Bend; and
The City Council has conducted an extensive review of land use studies concerning the
secondary effects of sexually oriented businesses in other cities including, but not limited to, Garden
Grove, California (1991); Phoenix, Arizona (1986); Minneapolis, Minnesota (1980); Houston, Texas
(1983); Indianapolis, Indiana (1984); Amarillo, Texas (1977); City of Los Angeles, California (1977);
Cleveland, Ohio (1977); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City (1986);
Beaumont, Texas (1982); and Whittier, California (1978); and
From review of other cities' studies and their own surveys and testimony from its citizens there is
convincing documented evidence that sexually oriented businesses, because of their very nature, have a
deleterious effect on both existing businesses around them and the surrounding residential areas adjacent
to them, causing among other adverse secondary effects, increased crime and downgrading of property
values; and
It is recognized that sexually oriented businesses, due to their very nature, have
serious objectionable operational characteristics, particularly when they are operating in close proximity to
each other, thereby contributing to crime, lower property values, urban blight and
downgrading of the quality of life in the adjacent area; and
The City Council finds that sexually oriented businesses are frequently used for unlawful sexual
activities including prostitution and sexual liaisons of a casual nature; and
Increased crime and unhealthful conduct tend to accompany, concentrate around and be
aggravated by sexually oriented businesses including but not limited to prostitution, pandering, exposing
minors to harmful materials, possession and distribution of obscene materials and child pornography,
possession and sale of controlled substances and violent crimes against persons and property; and
Concern over sexually transmitted diseases, including AIDS, is a legitimate health concern of the
City which demands reasonable regulations of sexually oriented businesses in order to protect the health
and well being of the citizens; and
The City Council and staff recognize that preventing prostitution and the spread of sexually
transmitted diseases are clearly within its police powers. Southeastern Promotions, Inc. v. Conrad, 341 F.
Supp. 465, 477 (E.D. Tenn. 1972), rev ii on other grounds, 420 U.S. 546 (1975). The City Council and
staff believe that prohibiting physical contact between performers and patrons at a sexually oriented
business establishment, prohibiting pertormers from soliciting payment of gratuities from patrons, and the
direct payment of gratuities to performers by patrons are a reasonable and effective means of addressing
these legitimate governmental interests. It is not the intent of the City to place any impermissible burden
on any constitutionally protected expression or expressive conduct by the enactment or enforcement of
such regulations; and
The City Council has considered the decisions of the United States Supreme Court regarding
local regulation of sexually oriented businesses, including but not limited to, Young v. American Mini-
Theatres, Inc., 427 U.S. 50 (1976) reh. denied 429 U.S. 873; Renton v.
Playtime Theatres, 475 U.S. 41(1986) reh. denied 475 U.S. 1132; FW/PBS, Inc. v. Dallas, 493
U.S. 215 (1990); and Barnes v. Glen Theatre, 501 U.S. 560 (1991); and City of National City v.
Wiener, et al, 3 Cal.4th 832 (1993). Topanga Press, Inc., et al v. City of Los Angeles, 939 F.2d
1524 (1993); and
The Common Council and staff find that a number of courts have upheld distance limitations
between performers and patrons, prohibitions against physical contact between performers and patrons,
and direct payment and receipt of gratuities between performers and patrons at sexually oriented business
establishments that provide live entertainment: BSA, Inc. v. King County, 804 F.2d 1104, 1110-11(9th Cir.
1986) (six feet); Key, Inc. v. Kitsap County, 793 F.2d 1091 (9th Cir. 1986) (ten feet); Zanganeh v. Hymes,
844 F. Supp. 1087, 1091 (D.Md. 1994) (six feet); T-Marc, Inc. v. Pinellas Counfy, 804 F. Supp. 1500, 1506
(M.D.FIa. 1992) (three) feet), DLS, Inc., v. City of Chatanooga, 894 F. Supp. 1140 (E.D. Tenn. 1995) (six
feet and prohibiting direct payment and receipt of gratuities); Parker v. Whitfield County, 463 S.E.2d 116
(Ga. 995) (prohibiting tipping and contact between dancers and patrons); and Hang On, Inc.v. City
a/Arlington, 65 F.3d 1248 (5th Cir. 1995) (aff cl prohibition on touching or any contact between dancers
and patrons); and
Zoning, licensing and other police power regulations are legitimate reasonable means of
accountability to insure the operator of sexually oriented businesses comply with reasonable regulations
and are located in places which minimize the adverse secondary effects which naturally accompany the
operation; and
The Common Council has determined that location restrictions alone do not adequately protect
the health, safety and general welfare of South Bend residents and, thus, believes that certain
requirements with respect to the ownership and operation of sexually oriented businesses is in the public
interest; and
It is not the intent of this ordinance to suppress any speech activities protected by the First
Amendment, but to enact a content neutral ordinance which addresses the adverse secondary effects of
sexually oriented businesses; and
The Common Council does not intend to condone or legitimize the distribution of obscene
material, and the Council recognizes that state law prohibits the distribution of obscene materials and
encourages state enforcement officials to prosecute such illegal activities in South Bend; and
The City Council finds that there would be a deterioration in the quality of
businesses which choose to operate in and around such sexually oriented businesses; and
The City Council desires to minimize and control these adverse secondary effects and thereby
protect the health, safety and welfare of the citizens; protect the citizens from increased crime; preserve
the quality of life; preserve the property values and the character of surrounding neighborhoods and
businesses, deter the spread of urban blight and protect against the threat to health from the spread of
2
communicable and social diseases.
NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana,
as follows:
SECTION I. That Chapter Four, Article Four, shall be amended as follows:
Sec. 4-18.5. Adult businesses.
(a) Definitions. For purposes of this section, the following terms and phrases shall have the indicated
meanings:
(1) Adult business shall have the meaning set forth at subsection 21-1(a}.
(2) Adult mini motion picture theater shall have the meaning set forth at subsection 21-1(a).
(3) Adult motion picture theater shall have the meaning set forth at subsection 21-1(a).
(4) Controller shall mean the City Controller and such employee(s) of the City as he may
designate to perform the duties of the Controller under this section.
Employee shall mean a person who works or performs in and/or for a sexually oriented
business regardless of whether or not said person is paid a salary, wage or other
compensation by the operator of said business.
f531~ Licensee means a person in whose name a license to operate an adult business has
been issued, as well as the individual listed as an applicant on the application for a
license.
{fr}y Person means an individual, proprietorship, partnership, corporation, association, or other
legal entity.
(~j~ Specified anatomical areas shall have the meaning set forth at subsection 21-1(a).
{8j~ Specified sexual activities shall have the meaning set forth at subsection 21-1(a).
f9j 10 Transfer of ownership or control of an adult business means and includes the sale, lease,
or sublease of the business.
(~6jj~Viewing booth shall mean an enclosure of less than one hundred (100) square feet of
floor space, offering a multiple selection of videos, films, or other video reproductions
which depict specified sexual activities or specified anatomical areas, but not including an
adult motion picture theater or adult mini motion picture theater.
3
(b) License required.
(1) No person shall operate an adult business without first obtaining a license hereunder,
issued by the Controller.
~(3j An application for a license hereunder must be made on a form provided by the City of
South Bend. The application must be accompanied by a sketch or a diagram showing the
configuration of the premises, including a statement of total floor space occupied by the business.
The sketch or diagram need not be professionally prepared but must be drawn to a designated
scale.
~{~j The applicant must be qualified according to the provisions of this section and the
premises must be inspected by the Building Commissioner and found to be in compliance with the
provisions of subsection 4-18.5(1), if applicable.
f~{Sj Each application for an adult business license must be signed by the applicant, if an
individual, or by an authorized representative if the applicant is a corporation, partnership or other
entity or association.
~f&j The fact that a person possesses other types of state or city permits and/or licenses does
not exempt him from the requirement of obtaining an adult business license. An establishment
containing at one (1) location more than one (1) operation characterized as an adult business
must comply with all regulations hereunder pertaining to each such operation but must obtain only
one (1) adult business license for that establishment.
~{~j Applications for a license, whether original or renewal, must be made to the Controller by
the intended operator of the adult business. Application forms shall be supplied by the Controller.
The intended operator shall be required to give the following information on the application form:
a. [Addresses]
The name, street address (and mailing address if different) of the
intended operator;
2. The name and street address (and mailing address if different) of the
owner(s) of the adult business;
b. Written proof that the applicant is at least eighteen (18) years of age;
4
c. The name under which the adult business is to be operated and a general
description of the nature of the business;
d. The state of incorporation or establishment of the operator and owner(s) of the
adult business if either or both are not individuals;
e. The telephone number of the adult business;
f. The address of the location of the premises;
g. If the adult business is in operation, the date on which the owner(s) acquired the
adult business for which the license is sought, and the date on which the adult business
began operations as an adult business at the location for which the license is sought; and
h. If the adult business is not in operation, the expected start up date (which shall be
expressed in number of days from the date of issuance of the license).
i. If the applicant and owner(s) of the adult business are other than individuals, the
name(s) and addresses of the registered agent(s) or other person(s) authorized to receive
service of process on behalf of the applicant and owner(s).
~{Sj The application shall be accompanied by payment of the application fee in full.
~~) The application shall contain a statement under oath that:
a. The applicant has personal knowledge of the information contained in the
application and that the information contained therein and furnished therewith is true and
correct; and
b. The applicant has read the provisions of sections 4-1 through 4-18.5, inclusive, of
this Chapter.
~{~9j Except as provided in subsection 4-18.5(b)(6), a separate application and permit shall be
required for each adult business.
10 (-1~It shall be the affirmative obligation of all licensees hereunder to inform the Controller in
writing, of any change in the information provided on the license application within five (5) days of
any such change.
(c) Issuance of license.
(1) The Controller shall approve the issuance of a license to an applicant within thirty (30)
days after receipt of an application unless he finds one (1) or more of the following to be true:
a. An applicant is under eighteen (18) years of age;
5
b. An applicant has failed to provide information reasonably necessary for issuance
of the license or has falsely answered a question or request for information on the
application form.
c. The premises to be used for the adult business have not been approved by the
Building Commissioner or County health official as being in compliance with subsection
4-18.5(1), if applicable.
d. The license fee required by this section has not been paid.
(2) The license, if granted, shall state on its face the name of the person or persons to whom
it is granted, the expiration date, and the address of the adult business. The license shall be
posted in a conspicuous place at or near the entrance to the adult business so that it may be
easily read at any time.
(3) The Building Commissioner and County health official shall complete their separate
certifications that the premises are in compliance or not in compliance with subsection 4-18.5(1), if
applicable, within fifteen (15) days of receipt of the application by the Controller. The certifications
shall be promptly presented to the Controller. Failure to complete such certification within such
fifteen-day time period shall be construed by the Controller as certification by the Building
Commissioner and/or County health officer, as appropriate, of compliance with applicable laws.
(4) In the event that the Controller determines that an applicant is not eligible for a license,
whether an original application or renewal, the applicant shall be given notice in writing of the
reasons for the denial within thirty (30) days of the receipt of its application by the Controller,
provided that the applicant may request, in writing, that such period be extended for an additional
period of not more than ten (10) days at any time before the notice is issued in order to make
modifications necessary to comply with this section.
(5) If, subsequent to a denial which is either not appealed or appealed unsuccessfully, the
Controller finds that the basis for denial or the denial of the renewal of a license has been
corrected or abated, the applicant may be granted a license if at least ninety (90) days have
elapsed since the date denial became final.
(d) Fees. The annual fee for an adult business license is five hundred dollars ($500.00). This fee is to
be used to pay for the cost of the administration and enforcement of this section.
(e) Expiration of license. Each license shall expire January 31 of the year following the year in which
it is issued and may be renewed only by making application as provided in subsection 4-18.5(b).
Application for renewal should be made at least thirty (30) days before the expiration date, and when
made less than thirty (30) days before the expiration date, the expiration of the license will not be
affected.
(f) Suspension. The Controller shall suspend a license for a period not to exceed thirty (30) days for
any reason provided in subsection 4-16(a) or if he determines that licensee or an employee of a
6
licensee has violated or is not in compliance with any part of this section.
(g) Revocation.
(1) The Controller shall revoke a license for any reason provided in subsection 4-16(a) or if
he determines that:
a. A licensee gave false or materially misleading information in the material
submitted during the application process;
b. A licensee whose license has been suspended hereunder has failed to remedy
the violation resulting in the suspension within thirty (30) days of such suspension or such
other date as established as the result of an appeal of the suspension;
c. A licensee or any employee has knowingly allowed prostitution on the premises;
d. A licensee or an employee knowingly operated the adult business during a period
of time when the licensee's license was suspended;
e. A licensee or an employee of the licensee has knowingly allowed any act of
sexual intercourse, sodomy, oral copulation, masturbation, ar other sexual conduct to
occur in or on the premises;
f. The owner or operator of the licensed adult business knowingly allowed a person
under eighteen (18) years of age to enter the adult business; or
g. There was a change of owner or operator for which a transfer application was not
timely filed.
(2) The revocation of a license hereunder shall continue for one (1) year. If, subsequent to
revocation, the Controller finds that the basis for the revocation has been corrected or abated, the
applicant may be granted a license if at least ninety (90) days have elapsed since the date the
revocation became effective.
(h) Administrative review.
(1) An applicant may appeal the decision of the Controller regarding a refusal to issue or
renew a license as provided in subsection 4-16(b). Any adult business in existence and operating
as of the effective date of this section which makes a timely application hereunder, and is denied
a license by the Controller, may continue operations pending appeal, under subsection 4-16(b), of
that denial.
(2) Prior to suspending or revoking a license hereunder, the Controller shall give the licensee
written notice of the reasons for the suspension or revocation, and notice of the right of the
licensee to a hearing under subsection 4-16(b).
7
(3) After denial of an application by the Controller, or denial of a renewal of an application, or
suspension or revocation of a license by the Controller, the applicant or licensee may seek prompt
judicial review of such administrative action in any court of competent jurisdiction without
exhausting the procedures for administrative appeal provided herein.
(i) Transfer of license. A licensee shall not transfer his license to another person, nor shall a licensee
operate an adult business under the authority of a license at any place other than the address
designated in the application.
Q) Locational restrictions. The location of any adult business shall be governed by the provisions of
Chapter 21.
(k) Hours of operation. ,
.Adult businesses shall be subject to the following regulations
concerning hours of operation:
No adult bookstore or adult video store shall be open between the hours of 10:00 p.m. and
7:00 a.m.
No adult business except an adult motel, shall be open between the hours of 10:00 p.m.
and 7:00 a.m.
Adult businesses including adult motels, shall not permit any of the following to occur on
the premises between the hours of 10:00 p.m. and 7:00 a.m.:
Persons who appear in a state of semi-nudity; or
ii Live performances which are characterized by the exposure of specified anatomical
areas or by specified sexual activities: or
iii Films motion pictures video cassettes slides or other photographic reproductions
which are characterized by the depiction or description of specified sexual activities or
specified anatomical areas: or
iv Persons who engage in lewd, lascivious or erotic dancing performances that are
intended for the sexual interests or titillation of an audience or customers.
(I) Regulations pertaining to exhibition of sexually explicit films or videos. A person who operates
or causes to be operated an adult business containing one (1) or more viewing booth(s) shall
comply with the following requirements:
(1) Upon application for an adult business license, the application shall be accompanied by a
diagram of the premises showing a plan thereof specifying the location of any viewing booth,
the location of video monitoring equipment, as described in subsection 4-18.5(1)(4), if
applicable, and the location of all overhead lighting fixtures and designating any portion of the
premises in which patrons will not be permitted. The diagram shall also designate the place at
which the license will be conspicuously posted, if granted. A professionally prepared diagram in
the nature of an engineer's or architect's blueprint shall not be required; however, each diagram
should be oriented to the north or to some designated street or object and should be drawn to a
designated scale or with marked dimensions sufficient to show the various internal dimensions
of all areas of the interior of the premises. The Controller may waive the foregoing diagram for
renewal applications if the applicant adopts a diagram that was
previously submitted and certifies that the configuration of the premises has not been altered
since it was prepared.
(2) The application and diagram shall be sworn to be true and correct by the applicant.
(3) No patron is permitted access to any area of the premises which has been designated as
an area in which patrons will not be permitted in the application filed pursuant to subsection
4-18.5(1).
(4) No viewing booth may be fully enclosed and the opening of each and every viewing booth
shall remain unobstructed by any doors, walls, merchandise, display racks or other materials at
all times. ,
,'
(5) No viewing booth may be occupied by more than one (1) person at any time.
(6) No occupant of any viewing booth shall engage in any type of sexual activity, cause any
bodily discharge or litter while in a viewing booth. No person shall damage or deface any
portion of a viewing booth.
(7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to
illuminate every place to which patrons are permitted access at an illumination of not less than
one (1.0)foot-candle as measured at the floor level.
(8) The illumination described above shall be maintained at all times that any patron is present
in the premises.
(g) Subject to the provisions of subsection 4-18.5(b)(2) hereinabove, the licensed premises
shall be inspected by the Building Commissioner and County health official twice per year for
the purpose of determining that the provisions of this subsection 4-18.5(1) are met. Such
inspections shall be conducted after reasonable notice is given to the licensee and shall take
place during the hours such establishment is open for business and only upon the showing of
proper credentials by such persons. Additional inspections, undertaken pursuant to such
conditions pertaining to notice, timing and credentials, may be conducted upon receipt by the
Controller of written, signed complaints alleging a violation of the provisions of this subsection
9
4-18.5(1).
(m) Interior maintenance. All walls, ceilings, floors, viewing booths, and all physical facilities in each
adult business shall be maintained in a clean and sanitary condition. Restrooms and viewing
booths shall be thoroughly cleaned at least once each day the adult business is in operation.
(n) Exterior portions of adult businesses.
(1) No merchandise or activities of an adult business licensed hereunder shall be visible from a
point outside the establishment.
(2) No flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial
representations of any manner except to the extent permitted by the provisions of this section
shall be permitted or used on the exterior of an adult business licensed hereunder.
(3) Exterior portions of any adult business licensed hereunder shall not be painted any color
other than a single achromatic color. Provided, however, that one (1) complementary trim color
may be used, as approved by the Design Development Director of the City, as defined in
Chapter 6. This provision shall not apply to an adult business if the following conditions are met:
a. The establishment is a part of a commercial multi-unit center; and
b. The exterior portions of each individual unit in the commercial multi-unit center,
including the exterior portions of the business, are painted the same color as one another or
are painted in such a way so as to be a component of the overall architectural style or
pattern of the commercial multi-unit center.
(4) Nothing in this article shall be construed to require the painting of an otherwise unpainted
exterior portion of an adult business.
~ Contact between entertainers and patrons prohibited.
1. No person shall perform live entertainment for patron(s) of a sexually oriented business
establishment except upon a stage at least eighteen (18) inches above the level of the floor
which is separated by a distance of at least ten (10) feet from the nearest area occupied by
oatron(sl. No patron shall be permitted within ten (10) feet of the stage while the stage is
occupied by a performer.
2. No entertainer, either before, during, or after a performance, shall have physical contact
with any patron and no patron shall have physical contact with any entertainer either before,
during or after a performance. This subsection shall only apply to physical contact while in
or on the premises of the establishment.
3. No patron shall directly pay or give any gratuity to any entertainer. A patron who wishes to
pay or give a gratuity to a performer shall place the gratuity in a container that is at all times
10
located separately from the performers for the purpose of preventing any-physical contact
between a patron and a performer No performer shall solicit any gratuity from any patron.
4. Paragraphs 1 through 3 above shall not apply to an employee of an establishment who,
while acting as a waiter waitress host, hostess, or bar tender comes within ten (10) feet of
a~atron. No employee shall engage in any "specified sexual activity" or display or expose
any "specified anatomical area" while acting as a waiter, waitress, host, hostess, or bar
tender.
f a)~ Signage.
(1) Neither the owner or operator of any adult business nor any other person shall be permitted
to erect, construct, or maintain any sign for the adult business other than the one (1) primary
sign and one (1) secondary sign, as provided herein. To the extent any of these provisions
conflict with or are inconsistent with other provisions of the South Bend Municipal Code
pertaining to signs, the most restrictive provisions shall apply.
(2) Primary signs shall have no more than two (2) display surfaces. Each such display surface
shall:
a. Not contain any flashing lights;
b. Be a flat plane, rectangular in shape; and
c. Not exceed seventy-five (75) square feet in area.
(3) Primary signs shall contain no photographs, silhouettes, drawings or pictorial
representations in any manner, and may contain only the name of the enterprise.
(4) Each letter forming a word on a primary sign shall be of solid color, and each such letter
shall be the same print-type size and color. The background behind such lettering on the
display surface of a primary sign shalt be of a uniform and solid color.
(5) Secondary signs shall have only one (1) display surface. Such display surface shall be a
canopy sign affixed to the exterior of the premises over a door or window, or:
a. Be a flat plane, rectangular in shape;
b. Not exceed fifty (50) square feet in area;
c. Be affixed or attached to any wall or door of the enterprise.
(6) The provisions of subsection 4-18fa}~(2)a., subsection 4-18.5(aj~(3), and subsection
4-18.5fe)~(4) shall also apply to secondary signs.
11
{p)~ Persons younger than eighteen (18) prohibited from entry; attendant required.
(1) Neither the owner nor operator of an adult business shall allow a person who is younger
than eighteen (18) years of age to enter or be on the premises of an adult business at any time
that the adult business is open for business.
(2) Each adult business shall have on the premises at all times such business is in operation, at
least one (1) employee per public entrance to the adult business, who shall be responsible for
prohibiting any person under the age of eighteen (18) years from entering the adult business. It
shall be presumed that an employee knew a person was under the age of eighteen (18) unless
such employee asked for and was furnished:
a. A valid operator's, commercial operator's, or chauffeur's driver's license; or
b. A valid personal identification certificate issued by a State reflecting that such person
is eighteen (18) years of age or older.
(~)~ Notices.
(1) Any notice required or permitted to be given by the Controller or any other city office,
division, department or other agency under this section to any applicant, operator, or owner of
an establishment may be given either by personal delivery or by certified United States mail,
postage prepaid, return receipt requested, addressed to the most recent address as specified in
the application for the license, or transfer application that has been received by the Controller,
or any notice of address change that has been received by the Controller. Notices mailed as
above shall be deemed given upon their deposit in the United States mail. In the event that any
notice given by mail is returned by the postal service, the Controller or his designee shall cause
it to be posted at the principal entrance to the licensed establishment.
(2) Any notice required or permitted to be given to the Controller by any person under this
section shall not be deemed given until and unless it is received in the office of the Controller.
(3) It shall be the duty of each owner who is designated on the permit application and each
operator to furnish notice to the Controller in writing of any change of residence or mailing
address.
~ju Penalty. Failure to comply with any of the provisions of this section shall constitute an ordinance
violation for which a penalty of up to two thousand five hundred dollars ($2,500.00) may be
imposed upon the operator and owner of the licensed adult business. The imposition of a fine
hereunder shall be in addition to the exercise by the Controller or City of any other right or
remedy available in law or equity to address such violation.
12
fsj~ Quarterly updates. The Controller shall report at the end of each quarter to the Public Safety
Committee of the Common Council a summary of the following public information in connection
with adult business licenses:
(1) Number of license applications received.
(2) Disposition of such applications.
(3) Amount of license fees collected.
(4) Number of license suspensions.
(5) Summary of any administrative reviews.
(6) Amount of fines collected.
(Ord. No. 8644-95, § IV)
SECTION II. In the event that any orovision(s) of this ordinance is found to be unconstitutional.
in contravention of federal state or local law, or is otherwise unenforceable, all other provisions of this
ordinance shall remain in full effect and are enforceable.
SECTION III. This ordinance shall be in full force and effect forty-five (45) days f--aftd after
its passage, t~el approval by the Mayor, and oroper legal oublication.
Member of the Common oun it
1st READING 3-\~_DO
PUBLIC HEARING $-7.~S'b~ S~~Sa't~Q Q S C/.wzo~.r}~a~
3 rd READING $ -Z-~-Q~ Su.4~Sk,.d`,,~'~'~ a S 0.w,w^t~1ob
NOT APPR¢Y#rp
REFERRED
PAS56~D ~ -Z,.~"~~ Su~S~-~~-u~'c 0.S 0.~^n2,+n[~Q~
13
~iiw~ ~~~ ~~ ~`~-°~ ~~se~t
~~~lr 2 t 2~Q~
Lo:.'yT7'da ~a, i~d :~~
CI7YC1.l:e?ri~:D. L~; i~, I ".
. ,,,
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
28-00 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING
CHAPTER FOUR, ARTICLE FOUR, SECTION 18.5 OF THE
SOUTH BEND MUNICIPAL CODE REGARDING 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 as substituted as amended.
Andrew Udj ak
Chairman