HomeMy WebLinkAboutAmending Chapter 4, Section 4-45 - to clarify its application to religious, charitable , educational and fraternal organizations• . ' 4
ORDINANCE No. aa,~s,
Passed by the Common Council of the City of South Bend, Indiana,
August 11, 19 97
Attest:
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
August 12, 19 97
City Clerk
Approved and signed by me ~` / ~ l9
Mayor
SUBSTITUTE BILL 72-97
ORDINANCE N0. SSIS"9 7
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AMENDING
CHAPTER 4, SECTION 4-45 OF THE
SOUTH BEND MUNICIPAL CODE, TO
CLARIFY ITS APPLICATION TO RELIGIOUS, CHARITABLE,
EDUCATIONAL AND FRATERNAL ORGANIZATIONS
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STATEMENT OF PURPOSE AND INTENT
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The purpose of this ordinance is to amend Section 4-45 of
the South Bend Municipal Code, to clarify its application to
religious, charitable, educational and fraternal organizations.
The Common Council of the City of South Bend finds it
necessary to clarify the licensing provisions governing food
service provided by religious, charitable, educational and
fraternal organizations, and to encourage such organizations to
carry out their missions within the City of South Bend.
NOW THEREFORE, be it ordained by the Common Council of the
City of South Bend, Indiana, as follows:
SECTION I. Chapter 4, Section 4-45, of the South Bend
Municipal Code shall be, and hereby is, amended to read as
follows:
Sec. 4-45. Restaurants, generally.
(a) Definitions:
(1) Food means any raw, cooked or processed edible
substance, beverage or ingredient used or intended for use or for
sale in whole or in part for human consumption.
(2) Hea.Zth Officer means the County official having
the power and jurisdiction to enforce public health laws and
regulations within the City.
(3) Restaurant means any coffee shop, cafeteria, short
order cafe, luncheonette, grill, sandwich stand, soda fountain,
drive-in restaurant, walk-up restaurant, drive-in theater
restaurant, in-plant food service, tavern commissary, snack bar,
tea room, fast-food restaurant, or restaurant without live
entertainment or music, food catering or food service
establishment, whether fixed or movable, where food for human
consumption is prepared or served in such manner that it is ready
for consumption on the premises. The term "restaurant" shall not
include a food service establishment that is known as a retail
food market where food is not prepared and served for consumption
on the premises; nor shall the term "restaurant" include any
coin-operated vending machine dispensing any kind or type of
food, confectionery or beverage.
(4) I~i-~e=ant ?~esta73rant Itinerant restaurant means
any restaurant which operates for a temporary period of time, not
to exceed two (2) weeks; and includes, but is not limited to,
those operated in conjunction with a fair, carnival, circus,
public exhibition, or similar gathering.
(b) Health permit and license required; posting:
(1) No person shall operate a restaurant or itinerant
restaurant in the City who does not possess a valid permit from
the Health Officer, and a valid restaurant or itinerant
restaurant license.
(2) The permit and license shall be posted in a
conspicuous place in such restaurant or itinerant restaurant.
(c) Applicability to restaurants operated by religious,
educational or charitable institutions:
~
~~ a~~e-i~rs-t ~t-u~re ~
~-s: ~
~}-~ No license
fee shall be paid for restaurants or itinerant restaurants
operated by fraternal organizations, service clubs, or religious,
educational or charitable institutions. However, all other
provisions of this section shall apply to such establishments.
(d) License issuance:
(1) A license required by this section shall be issued
by the office of the City Controller to any person on application
after inspection and approval by the County Health Officer, as
evidenced by a valid Health Permit; inspections by the Fire
Department and Building Department as may be required by the City
Controller, and compliance with all the applicable provisions of
this Code, and upon payment of the designated license fee. All
applicants desiring to sell food by weight or measure shall file
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a valid certificate signed by the Sealer of Weights and Measures
that all scales and measures to be used in said business have
been tested and approved, at the time of making application.
(e) License fees:
(1) Restaurants: The City Controller shall issue a
restaurant license to all persons complying with this section
upon payment of fifty dollars ($50.00) per year, for restaurants
having a seating capacity of zero (0) to seventy-five (75)
patrons; and one hundred dollars ($100.00) per year for
restaurants having a seating capacity of seventy-six (76) patrons
and over.
(2) Itinerant restaurants: The City Controller shall
issue an itinerant restaurant license to all persons complying
with this section upon payment of five dollars and fifty cents
($5.50) for each day of operation, or thirty-five dollars
($35.00) for two (2) consecutive weeks, or one hundred dollars
($100.00) per year.
(f) Minimum sanitation requirements. All operators of
restaurants and itinerant restaurants shall comply with the
minimum sanitation requirements specified by the State Board of
Health, as provided in its Regulation HFD 17 or all changes or
amendments. The regulation and all changes and amendments are by
reference incorporated herein and made part hereof. Two (2)
copies of the regulation, changes and amendments are on file in
the office of the City Clerk for public inspection.
SECTION II. This ordinance shall be in full force and
effect from and after its passage by the Common Council and
approval by the Mayor.
_~
Member of the Common Coun 1
1st READING 7 2~--
PU°LIC HEARING ~ ~I- q
3rd READING c~ ~~~ ` 97
NOT APPROVED
REFERRED _ _
PASSED ~~~~-- ~7 ~S S U CAS / ~~~~
riled in Cierie'~ C~~i~;e
AU G 1 1 1997
LCft~TTb J. DUDA
CITY Cl.ER~S, f3C. EcP2D, IP;.
COMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND:
Your Committee
to whom was referred
BILL NO.
72-97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 4, SECTION 4-45 OF THE SOUTH
BEND MUNICIPAL CODE, TO CLARIFY ITS APPLICATION TO
RELIGIOUS, CHARITABLE, EDUCATIONAL AND FRATERNAL
ORGANIZATIONS
Respectfully report that they have examined the matter and that in their opinion this bill
has been recommended to the Council favorably, as substituted
Sean Coleman
Chairman
..,
1400 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
PxoNE219/235-9241
Fax 219/235-9892
TDD 219/235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF I.AW
RICHARD A. NUSSBAUM,II
CITY ATTORNEY
Mr. Roland Kelly, President
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
ANNE E. BRUNEEL
CHIEF ASSISTANT CITY ATTORNEY
August 11, 1997
Re: An Ordinance of the Common Council of the City of South
Bend, Amending Chapter 4, Section 4-45 of the South
Bend Municipal Code, to Clarify its Application to
Religious, Charitable, Educational and Fraternal
Organizations
Dear Mr. Kelly:
I am filing herewith Substitute Bill 72-97, amending Section
4-45 of the South Bend Municipal Code, to clarify its application
to religious, charitable, educational and fraternal
organizations, and to encourage such organizations to carry out
their missions within the City of South Bend.
As discussed in the Public Safety Committee meeting today,
this substitute bill would waive the licensing fee for such
organizations, but still provide for inspections by the Health
Department and other requirements for licensing.
bill.
I respectfully request your favorable consideration of this
cc: Richard A. Nussbaum, II
Kathy Cekanski-Ferrand
Loretta Duda
M. Catherine Roemer
Sincerely,
Ann-Carol Simons
Assistant City Attorney
File in Cl~rl;'~ ®~ftC~
AUG 1 1 1997
LGRETf6- J. Dl1D
CITY CLERI>, X30. DEND,1'I.
THOMAS L. BODNAR ALADEAN M. DEROSE
]EFFREY M. JANKOWSKI ROBERT C. ROSENFELD ANN-CAROL SIMONS