08-13-01 Council Meeting Minutes

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REGULAR MEETING AUGUST 13, 2001 Councilmember Karl King, 4th District, County -City Building, South Bend, Indiana, made the presentation for this bill. Councilmember King advised that he and Council President Pfeifer are co- sponsors of this bill. They have proposed this ordinance because they are concerned that there are growing public safety and quality of life issues in several of South Bend's neighborhoods as a direct result of the activities of people attempting to sell tickets to entertainment events. He noted that traffic congestion often results from such people attempting to sell their tickets to individuals in cars by having them stop in the road and then the prospective buyer and prospective seller stop traffic and do their transaction in the middle of the public thoroughfare. In addition, public safety concerns for pedestrians are increased due to the congestion that results from these traffic activities as well as the quality of life for residents in the neighborhoods adjacent to their activity is directly affected by people stopping cars and pedestrians while attempting to sell tickets. Their quality of life and ability to enjoy their private property is adversely affected. Other states and cities throughout the nation with similar community interest in public safety concerns have passed reasonable regulations to govern ticket selling activities. Currently twenty -seven (27) states and the District of Columbia have some form of ticket selling regulation within their laws. In those population centers, three fourths (3/4's) of the population of the United States resides and are governed by this sort of regulation. Councilmember King noted that they believe that the regulations in this bill, as amended this afternoon, are in the best interests of the public health and safety of South Bend citizens and he urged the Council's favorable consideration. Council Attorney Cekanski - Farrand asked Councilmember King to highlight the language that was eliminated from the original version of this bill. Councilmember King noted that the bill has been re- titled to eliminate the use of the language ticket scalping and has been replaced with ticket selling. The new Article in the South Bend Municipal Code will be titled Ticket Sales Regulations as opposed to Anti- Ticket Scalping Regulations. All references to ticket scalping have been replaced with the term ticket selling or ticket sales. In addition, a key provision has been removed and that is the provision that was originally titled Section 16 -38 which referred to a prohibition on the selling of a ticket for greater than its face value. What remains in the bill are all of the prohibitions as they were originally stated having to do with the sales of tickets or activities related to the sales of tickets in a manner that obstructs traffic, creates a public safety hazard, creates a nuisance or interferes with private citizens's quiet enjoyment of their private property. Although a lot of words were removed from this bill, only one (1) active item was removed and that is the prohibition on selling a ticket for greater than its face value. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. David Roos, 201 Peashway, South Bend, Indiana, informed the Council that he has been a resident of the northeast neighborhood from seventeen (17) years and he applauds the efforts of Councilmembers Pfeifer and King for introducing this ordinance. He noted that sometime the sales of tickets in the northeast neighborhoods is a nuisance and it creates a safety hazards both for individual pedestrians as well as people driving who often times have to swerve around to miss people who are standing in the public right -of -way trying to either purchase or to sell tickets for events taking place at the university. As a resident of the neighborhood he urged the Council to express their support for this bill. Mr. Roos noted that since he lives two (2) blocks off of Angela it is his hope that tickets sales will not simply be pushed deeper into the residential neighborhood. Mr. Jim O'Donnell, Granger, Indiana, Attorney for a resident of the 100 block of East Angela Boulevard, informed the Council that people arrive on Tuesday with signs indicating they want to buy tickets and by Thursday the same people are out with signs indicating that they are selling tickets. It has concerned his family that they are standing in front of the house and on one occasion a gentleman had a chair and table and conducted his business directly in front of the property at 122 East Angela. Mr. O'Donnell stated that he applauds the Council for presenting this ordinance and hopes that it is passed.