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South Bend Redevelopment Commission <br />Regular Meeting -July 21, 2006 <br />6. NEW BUSINESS (CONT.) <br />C. South Bend Central Development Area <br />continue ... <br />use of the building. It is our position that the <br />proposed use is not a "church" as the term is <br />intended in I . C. 7.1-3 -21-11 as the building <br />will not be used `regularly used for religious <br />worship.' The fact that a building will be <br />owned by anot-for-profit organization with a <br />religious purpose does not make the use a <br />`church.' Occasional use a place for worship <br />services does not make the building a church <br />under I . C. 7.1-3 -21-11. In addition, the <br />owner will sign an agreement that it will not <br />use its ownership of the building as a means <br />to prohibit any property owner within 200 <br />feet from acquiring an alcoholic beverage <br />permit." <br />Ms. Greene noted that there is no provision <br />in the alcoholic beverage statute that would <br />permit any type of waiver to the ABC. There <br />is a prohibition against the ABC issuing a <br />liquor permit to a facility within 200 feet of a <br />school or church. The restrictions on the use <br />of the property are "of record." Ms. Greene <br />noted that she is simply bringing the <br />restrictive covenants to the Commission's <br />attention. There is no language in the law that <br />would permit a waiver under the ABC, <br />except for premises for grocery or drug store <br />uses. Mitch Heppenheimer, an attorney who <br />deals with this issue in this area confirmed <br />that there is no waiver language for types of <br />facilities. <br />In summary, Ms. Greene asked for the <br />Commission's permission to prepare the <br />Certificate of Completion as well as <br />21 <br />