HomeMy WebLinkAboutUrging the Indiana Alcoholic Beverage Commission to Reconsider its Policy Regarding the Sale of Alcoholic Beverages at the Same Location Where Motor Vehicle Fuel is SoldRESOLUTION
NO. 1844 -91
Passed by the Common Council of the City of South Bend,
February
25,
I9 91.
Attest:_ ity Clerk
Attest:_ �'� �2� President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
February 26,
91
City Clerk
Approved and signed by me_ March 3
4:L0.
9 91_
Mayor
RESOLUTION NO. 1 ?1+ 44 — j
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
URGING THE INDIANA ALCOHOLIC BEVERAGE COMMISSION TO RECONSIDER ITS
POLICY REGARDING THE SALE OF ALCOHOLIC BEVERAGES AT THE SAME LOCATION
WHERE MOTOR VEHICLE FUEL IS SOLD
WHEREAS, the Common Council of the City of South Bend, Indiana, acknowledges that the
Indiana Alcoholic Beverage Commission has specific powers and duties pursuant to Indiana
Code Section. 7.1 -2 -3-4 and 90.5 IAC,1 -2 -1 et. sue.; and
WHEREAS, the Council further acknowledges that the Alcoholic Beverage Board of St.
Joseph County, pursuant to Indiana Code Section. 7.1- 2-4 -1, is regulated by the Indiana
Alcoholic Beverage Commission as to its procedures and investigations as addressed in Indiana
Code Section. 7.1- 2 -3 -21; and
WHEREAS, the Alcoholic Beverage Board of St. Joseph County has had a long standing
policy which prohibits the sale of alcoholic beverages at the same location where fuel,
gasoline and other petroleum products for motor vehicles are sold; and
WHEREAS, the Common Council believes that such a local policy properly represents the
public safety concerns of our community, and specifically notes that the local Board has
consistently implemented this policy; and
WHEREAS, the Common Council is concerned over the new direction which the Indiana
Alcoholic Beverage Commission has taken by recently overuling the local Board's decision on
such a request.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council of the City of South Bend, Indiana, acknowledges that
the Indiana Alcoholic Beverage Commission and the Alcoholic Beverage Board of St. Joseph
County have specific powers and duties granted to it by State legislation.
SECTION II. The Common Council believes that the Indiana Alcoholic Beverage
Commission should re- evaluate the new direction it has recently taken in reversing the local
Board's decision which denied the sale of alcoholic beverages at the same location where fuel,
gasoline, and other petroleum products are proposed to be sold.
SECTION III. The Common Council firmly supports the Alcoholic Beverage Board of St.
Joseph County and its long standing policy to deny such requests since our local policy is firmly
supported by overiding public health and safety concerns.
SECTION IV. This Resolution shall be in full force and effect after its a�eption�he
Common Council and approval by the Mayor. ��
Linas Slavinskas, Fifth District
Sean Coleman, Coleman, At -Large
Irene Gammon, City Clerk
on ez dski, and District
A uzzello, Fourth ct
Thomas- Zak;4wski. Siarth District
Lor a Duda, At -Large
Eur La ewsl ', At -Large
Jo . Kernan, Mayor