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REGULAR MEETING July 24, 2017
<br /> Robert Burg, 51250 Tamarack Road,New Carlisle, IN, stated, I'm the owner of the Friendly
<br /> Confines at 1502 Dunham.
<br /> Councilmember Scott responded, Okay, great. What are your hours, and on what days of the
<br /> week?
<br /> Mr. Burg responded, We open at five (5) o'clock on Monday,Tuesday, and Wednesday, and
<br /> usually during the week we're closed by eleven(11) o'clock. Thursday, Friday, Saturday,we're
<br /> opening at three (3) o'clock and opening 'til, depending on whether or not we have customers
<br /> there, until three (3) o'clock.
<br /> Councilmember Scott asked, So, you're closed on Sunday?
<br /> Mr. Burg responded, Sunday we're open. We're open on Sunday,but we usually open around
<br /> noon and we're closed by, usually, eight(8) or nine (9) o'clock.
<br /> Councilmember Scott asked,Alright,my question is: do you agree that sound is accumulative?
<br /> Mr. Burg asked, Pardon?
<br /> Councilmember Scott reiterated, Sound is accumulative?
<br /> Mr. Burg responded, Sure.
<br /> Councilmember Scott stated, One (1)person talking is less than twenty (20)people talking at one
<br /> (1)time.
<br /> Mr. Burg responded, Yes.
<br /> Councilmember Scott stated, My point is, nine (9) o'clock is when the sound ordinance goes into
<br /> effect in South Bend. So,would twenty (20)people violate the sound ordinance from nine (9)
<br /> o'clock to eleven(11) o'clock?It's arbitrary, because we don't know. We don't know how loud
<br /> those conversations are going to be.
<br /> Mr. Burg responded, I believe we do have a sound ordinance and also a decibel level that you're
<br /> legally going up to, which is what I was told by the Police Department, and I also bought a
<br /> decibel reader so I can make sure we keep below that.
<br /> Councilmember Scott asked, So, would you say that there's no true control over how loud or
<br /> how soft someone can be talking? With twenty (20) people at one (1)time?
<br /> Mr. Burg responded, I guess that's true, but, you know...
<br /> Councilmember Scott interjected, Okay. Alright.
<br /> Mr. Masters explained that the petitioner was required to get a decibel reader as part of the
<br /> mediation agreement and never has the establishment exceeded the decibel levels allowed by the
<br /> sound ordinance.
<br /> Councilmember Scott stated, Those are the questions I have right now, so thank you.
<br /> Councilmember John Voorde asked,At his next hearing,what I'm asking is would the Alcoholic
<br /> Beverage Commission consider his commitment to be a good neighbor?
<br /> Mr. Burg responded, Yes, yes, actually, it would. Matter of fact, Linnie was at the Alcoholic
<br /> Beverage Commission Board for our last liquor license, which was granted to us. They did tell us
<br /> that we had to be good neighbors,basically. And that's what we were trying to figure out. It's
<br /> like, okay, we want to be good neighbors. We will compromise. We will stop our music at a
<br /> certain time. That's when I went to work with the City to say, okay, what do we do? And we just
<br /> keep getting different answers. We just need someone to say, okay, so we're thinking this is a
<br /> compromise.
<br /> Councilmember Voorde asked, Okay, so if there were nuisance calls for which citations were
<br /> issued,that would probably be taken into account by the ABZA when that license renew came
<br /> up. So,the integrity of those commitments would come into play when that license renewal
<br /> would come up, correct?
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