HomeMy WebLinkAboutResolution No. 3681 (Adopting Riverfront District Alcohol Permit Program Requirmnts) - SignedSouth Bend
Redevelopment Commission
215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana
Redevelopment Commission Agenda Item
D ATE : 11/10/26
FROM: Erik Glavich, Director, Growth & Opportunity
SUBJECT: Resolution No. 3681: Approving Riverfront
District Alcohol Permit Guidelines
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
*Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller,
then the authorization of the expenditure of such funds shall be void and of no effect.
PURPOSE OF REQUEST: Resolution approving updated “City of South Bend Riverfront District Alcohol
Permit Program Requirements, Eligibility Criteria, and Procedures”
SPECIFICS: Riverfront alcohol permits are a special type of alcohol permit authorized by Indiana law as
an economic development tool. They allow qualifying establishments within designated riverfront
districts to obtain three-way alcohol permits for the sale of beer, wine, and liquor outside the ordinary
permit quota system. The City of South Bend established its Riverfront District Alcohol Permit Program
to utilize this economic development tool and support establishments that contribute to the vitality oft
he Riverfront District.
The Commission will consider updates to the City’s Riverfront District Alcohol Permit Program
guidelines, which establish eligibility and compliance criteria for riverfront alcohol permit applicants and
holders in South Bend. The update strengthens the current guidelines and requirements adopted by the
Commission in September 2023 by establishing clearer standards for eligible establishment types, food
service operations, neighborhood compatibility, security and public safety measures, reporting
obligations, and ongoing compliance. Note that alcohol permits are not issued by the City; they are
issued by the Indiana State Alcohol and Tobacco Commission (ATC). However, an application to the ATC
by an establishment for a riverfront alcohol permit must be accompanied by a favorable local
recommendation from the City.
The revised guidelines are intended to ensure that establishments possessing a riverfront alcohol permit
substantially contribute to the economic vitality, cultural vibrancy, and quality of life within the
Riverfront District and the City as a whole. Adoption of the guidelines would also formally transition
administration of the program from Downtown South Bend (DTSB) to the City of South Bend.
The Commission was granted responsibility by the Common Council (Ordinance No. 10165-12) to
develop policies and procedures governing the applications for riverfront alcohol permits within the
Riverfront District. On September 11, 2023, the Common Council approved Ordinance Nos. 10965-23
and 10966-23, which established the Expanded West Riverfront District and Expanded East Riverfront
______________ ___________Pres/V-Pres
ATTEST: __________ _______ _
Date: _____________ _______
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
November 12, 2026
✓
South Bend
Redevelopment Commission
215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana
District, expanding the City’s Riverfront District to include qualifying areas located within 3,000 feet of
the St. Joseph River, as authorized by state law.
The currently active guidelines were approved by the Commission in September 2023. With the
adoption of Resolution No. 3681 , the new guidelines would supersede the guidelines adopted by the
Commission in 2023.
RESOLUTION NO. 3681
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION ADOPTING THE CITY OF SOUTH BEND
RIVERFRONT DISTRICT ALCOHOL PERMIT PROGRAM
REQUIREMENTS, ELIGIBILITY CRITERIA, AND PROCEDURES
WHEREAS, to complement economic development efforts of cities and towns, the Indiana
General Assembly enacted Ind. Code § 7.1-3-20-16.1 (the “Riverfront Statute”), which allows the
Indiana Alcohol and Tobacco Commission (“ATC”) to issue one-way, two-way, and three-way
nontransferable permits (“Riverfront Permits”) to establishments within an authorized Municipal
Riverfront Development Project without regard to the ATC quota restrictions; and
WHEREAS, the Riverfront Statute requires the Municipal Riverfront Development Project
areas to be established within qualifying economic development areas established by the
Redevelopment Commission (the “Commission”) under Ind. Code § 36-7-14, subject to the
geographic limitations and other requirements set forth in the Riverfront Statute; and
WHEREAS, the South Bend Common Council (the “Council”) initially established a
Municipal Riverfront Development Project in the City of South Bend in accordance with the
Riverfront Statute through adoption of its Ordinance No. 10165-12, which was subsequently
amended in its legal description by Ordinance No. 10178-12 and expanded by Ordinance Nos.
10281-13 and 10501-17; and
WHEREAS, the Commission was directed by the Council in its Ordinance No. 10165-12
to develop policies and procedures for individuals, corporations, and business entities to apply for
a Riverfront Permit pursuant to the Riverfront Statute; and
WHEREAS, the Council authorized and established boundaries for two new Municipal
Riverfront Development Projects: “The Expanded West Riverfront District” through Ordinance
No. 10965-23 and “The Expanded East Riverfront District” through Ordinance No. 10966-23
(collectively, the “Riverfront District”); and
WHEREAS, on September 28, 2023, the Commission approved and adopted Resolution
No. 3580, which established policies, procedures, requirements, and criteria for individuals,
corporations, and business entities applying for and holding Riverfront Permits in the City of South
Bend; and
WHEREAS, the Commission now desires to update, pursuant to the Riverfront Statute, the
established policies, procedures, requirements, and criteria for individuals, corporations, and
business entities applying for and holding Riverfront Permits for establishments located in the
Riverfront District.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
SECTION 1. The Commission hereby approves and adopts the City of South Bend
Riverfront District Alcohol Permit Program Requirements, Eligibility Criteria, and Procedures
attached hereto as Exhibit A, which supersede those adopted by Resolution No. 3580 and any other
prior policies, procedures, requirements, and criteria for individuals, corporations, and business
entities applying for and holding a Riverfront Permit pursuant to the Riverfront Statute.
SECTION 2. This Resolution and the requirements, eligibility criteria, and procedures
adopted hereby will be in full force and effect upon its adoption by the Commission.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
November 12, 2026, in Room 301, 215 South Dr. Martin Luther King Jr. Boulevard, South Bend,
Indiana 46601.
SOUTH BEND REDEVELOPMENT
COMMISSION
______________________________
David Relos, President
ATTEST:
______________________________
Eli Wax, Secretary
EXHIBIT A
City of South Bend Riverfront District Alcohol Permit Program
Requirements, Eligibility Criteria, and Procedures
City of South Bend
Riverfront District Alcohol Permit Program
Requirements, Eligibility Criteria, and Procedures
Adopted by the South Bend Redevelopment Commission
November 12, 2026
Purpose
Indiana law allows municipalities to establish riverfront development districts in which
qualifying establishments may obtain three-way alcohol permits for the sale of beer, wine,
and liquor outside the ordinary permit quota system. These riverfront alcohol permits are
intended to promote economic development by supporting establishments that contribute
to the vitality of designated riverfront areas.
The purpose of the South Bend Riverfront District Alcohol Permit Program, as
administered by the City of South Bend (the “City”), is to enhance the vitality of the City’s
riverfront district by promoting unique, locally owned establishments that focus on
culinary, cultural, and family-friendly experiences. To maintain a safe and inclusive
environment for all residents and visitors, the requirements set forth in this document
apply to all applicants and existing riverfront alcohol permit holders.
Participation in the Riverfront District Alcohol Permit Program is a condition of receiving a
favorable local recommendation to the Indiana Alcohol and Tobacco Commission (“ATC”)
and does not independently authorize the sale of alcoholic beverages. The City’s role under
this program is limited to providing a local recommendation; all permitting authority
remains with the ATC. The City intends to apply these requirements in a consistent manner
across similarly situated applicants; however, each application will be evaluated based on
its unique facts and circumstances.
District Requirements
In addition to complying with all applicable federal, state, and local laws, ordinances, codes,
and regulations, including ATC rules, all applicants and riverfront alcohol permit holders
shall comply with the local application procedures and substantive requirements set forth
in this document. All applicants and riverfront alcohol permit holders must meet, and
remain in compliance with, the following local requirements to be eligible to apply or renew:
1.Location within District. The District has been geographically defined to conform to
the requirements of Ind. Code § 7.1-3-2 et seq. through ordinances adopted by the
South Bend Common Council and as depicted in the maps attached to this
document. Attachments A and B depict the current boundaries of the Riverfront
South Bend Riverfront District Alcohol Permit Program, Criteria, and Requirements 2
Adopted November 12, 2026
District,1 and Attachments C and D contain the Common Council ordinances
establishing those boundaries. An applicant’s establishment must be located within
these District boundaries in effect at the time of application.
2. Eligible Establishment Types. To qualify for a riverfront alcohol permit, an
establishment must fall into one of the following categories:
a. Full-Service Restaurant: An establishment with a strong emphasis on food,
hospitality, and shared experiences.
b. Brewpub, Microbrewery, or Distillery: An establishment offering small-batch
or craft alcoholic beverages produced on-site or by the operator, along with
food service.
c. High-End Craft Cocktail Bar: An establishment with a focus on offering a
curated, artisanal drink experience in an upscale, seated environment, with
table service or structured bar seating, and not as a standing -room or high-
volume drinking establishment.
d. Café, Wine Bar, or Bistro: An establishment offering coffee, light fare, or
small plates, with a focus on offering limited but thoughtful alcohol offerings,
primarily in a seated and conversational environment.
e. Lounge or Social Venue: An establishment designed to provide a mature,
social, and experiential atmosphere centered on music or other forms of
entertainment, conversation, and shared experiences. Entertainment, as
permitted under this section, must be offered in such a manner that allows
the establishment to still meet the following criteria:
i. Complementary Alcohol Service: Alcohol service is complementary to
the overall experience and not the primary purpose for visiting;
ii. Seated Environment: The establishment maintains a predominantly
seated or mixed seated environment;
iii. Low-Intensity Entertainment: The entertainment provided is not of a
type or intensity associated with nightclub operations; and
iv. Social Character: The character of the establishment remains focused
on a social and experiential atmosphere during all operating hours,
expressly excluding high-capacity, late-night, nightclub-style, or high-
volume alcohol sales operations.
1 The maps may be updated from time to time if the applicable TIF allocation areas are amended to include
additional parcels within the statutory 3,000-foot boundary.
South Bend Riverfront District Alcohol Permit Program, Criteria, and Requirements 3
Adopted November 12, 2026
f. Cultural or Entertainment Venue: An establishment where the primary
purpose is the presentation of cultural, artistic, or experiential programming,
which must include live entertainment (e.g., music, comedy shows), film, or art
exhibitions, and where food and alcohol consumption is accessory and
subordinate to the primary programming.
Applicants must demonstrate a differentiated and complementary concept.
Establishments must be compatible with surrounding uses, as further described in
Section 7. Entertainment, including DJs and dancing, must remain subordinate and
not create a nightclub-style atmosphere, as further restricted in Section 4.
3. Food Service and Restaurant Operation Requirements. Except for a Cultural or
Entertainment Venue, all applicants and riverfront alcohol permit holders within the
District must meet the definition of a “restaurant” as set forth in Ind. Code § 7.1-3-
20-92 and 905 IAC 1-20-13 and must:
a. Provide food that is prepared on-site within the establishment’s footprint by
the riverfront alcohol permit holder or an affiliated entity, with ordering,
purchase, and service occurring on-site and through the permit holder (no
third-party food service);
b. Maintain continuous food availability whenever alcoholic beverages are
served; and
c. Require patrons to consume food at either a counter or a table with seating.
The City may conduct periodic site visits and request reasonable information to
verify ongoing compliance. Compliance shall be determined based on the
establishment’s actual, day-to-day operations, and not solely its stated business
model or initial application.
The following constitute examples of violations of these requirements. This list is
illustrative and not exhaustive, and the City retains full authority to determine
compliance with these Food Service and Restaurant Operation Requirements:
• Requiring patrons to leave the geographic footprint of the establishment —
even within the same building—to order, pay for, or pick up food.
• Serving food that is fully prepared off-site and requires no additional
preparation other than removal from packaging.
2 https://iga.in.gov/laws/2026/ic/titles/7.1#7.1-3-20-9
3 https://iar.iga.in.gov/code/current/905/1#905-1-20-1
South Bend Riverfront District Alcohol Permit Program, Criteria, and Requirements 4
Adopted November 12, 2026
• Relying on a mobile food unit that is not located within the geographic
footprint of the establishment.
• Relying on a mobile food unit that is not continuously present within the
geographic footprint of the establishment during all hours in which alcoholic
beverages are served.
Except for Cultural or Entertainment Venues and establishments that, upon review
and recommendation by the Riverfront Permit Review Committee, are approved by
the City for an exception, applicants for an initial riverfront alcohol permit must
provide twelve (12) months of profected lfnancials demonstrating that at least lffty-
one percent (i1j) of total food and beverage sales will be derived from food and
non-alcoholic beverages.
4. Prohibited Uses and Features. The establishment shall not, at any time during its
operating hours, operate as a private club, nightclub, or adult entertainment venue.
The primary character of the establishment must remain unchanged throughout the
entire time it is open.
Occasional use of DJs and limited dancing may be permitted only as a subordinate
component of the establishment’s primary use and shall not create a nightclub-style
atmosphere. Such use must remain incidental, with DJ programming limited to
periodic, event-based occurrences that are not regularly scheduled or promoted as
a routine or common primary attraction, and with limited dancing restricted to small
areas or occasional structured programming.
The establishment shall not engage in any of the following:
a. The reconfiguration or removal of tables or seating in a manner that
materially reduces seated capacity or creates standing-room occupancy as
the primary use of the space;
b. Any operational changes, including changes in music offerings, lighting,
seating, or floor layout, that materially change the character of the
establishment to create a nightclub or college-age drinking atmosphere,
particularly during later hours;
c. Providing entertainment in a manner that constitutes a recurring or
continuous nightclub-style atmosphere, including events where high-volume
DJ-driven music and alcohol consumption are promoted as a central
attraction;
d. The promotion or operation of events that are primarily oriented toward
late-night, bar-style or college-age drinking activity, including, but not limited
to, high-volume DJ events occurring on a frequent or routine basis;
South Bend Riverfront District Alcohol Permit Program, Criteria, and Requirements 5
Adopted November 12, 2026
e. Charging cover fees or admission fees for DJ-driven or club-style events that
are inconsistent with the permitted, subordinate use of DJs under this
section;
f. Bottle service4 or the sale of alcohol in a manner primarily intended for high-
volume or nightclub-style consumption;
g. The excessive use of colored, flashing, or strobe lighting, or other lighting
effects commonly associated with nightclub environments;
h. Service of beverages in non-glass containers;5 and
i. Smoking within the establishment in violation of applicable laws.
5. Exterior Signage. Temporary exterior signage is not permitted for the
establishment; permanent, attached signage is required. All exterior signage must
comply with applicable zoning regulations.
6. Existing Alcohol Permit Conversion Restrictions. An establishment in the District
with an existing three-way alcohol permit, or that operates under an existing three-
way alcohol permit owned by another person or entity, may not sell, transfer,
relinquish, or otherwise discontinue use of the permit to apply for a 221-3
Riverfront permit. There shall be a minimum of a one-year wait between the time
the establishment ceases operating under the existing three-way permit and the
time that establishment may apply for a new permit. For the avoidance of doubt, this
restriction applies only to establishments operating under a three -way permit and
shall not apply to the replacement of an existing 221-3 Riverfront permit following
a change in ownership or control of an establishment.
7. Neighborhood Compatibility and Operations. In evaluating compliance with this
section, the City will place a primary emphasis on whether the establishment is
compatible with, and not a detriment to, surrounding uses, including whether it
creates adverse impacts due to noise, crowds, patron behavior, or public safety
concerns. Establishments shall operate in a manner that supports a safe, orderly, and
positive presence within the surrounding neighborhood, including responsible
management of patron volume and movement, noise, outdoor areas, queuing,
cleanliness, lighting, and deliveries.
5hen necessary to manage patron volume and queuing, establishments shall
provide appropriate on-site management, including staff presence and physical
4 The sale or service of a bottle of wine for consumption by patrons dining at a table may be allowed, as
determined by the City based on the character and operations of the establishment.
5 Beverages may be served or sold in their original single-serving container and need not be poured into
separate glassware. Reusable acrylic cups may be acceptable for patio use only upon special written request
and prior approval by the City.
South Bend Riverfront District Alcohol Permit Program, Criteria, and Requirements 6
Adopted November 12, 2026
crowd control measures such as barriers or designated queuing areas. In addition,
the establishment shall employ suflfcient security personnel to maintain order and
ensure public safety. Repeated substantiated neighborhood complaints related to
this section may constitute material noncompliance.
8. Security Cameras and Real Time Crime Center Participation. Establishments shall
participate in the South Bend Police Department’s Real Time Crime Center
program, Sync South Bend,6 and cooperate in good faith with reasonable
participation requirements established by the City for purposes of supporting public
safety within the Riverfront District.
At a minimum, participation shall require: (a) installation and maintenance of, or
conlfrmation of existing, cameras on the exterior of the establishment, positioned to
capture foot traflfc or areas of concern outside the establishment; (b) registration of
the establishment’s internal and external security cameras with the Sync South
Bend Camera Registry, or any successor camera-registry program designated by the
South Bend Police Department; and (c) provision of security-camera recordings or
footage upon request by the South Bend Police Department.
If the South Bend Police Department determines that integration of the
establishment’s security-camera system with the Real Time Crime Center program
is technically feasible and can be accomplished at no cost to the establishment, the
establishment shall cooperate in good faith with the integration and thereafter
maintain the connection, subfect to reasonable technical and operational
requirements established by the South Bend Police Department.
Failure to maintain the required camera-registry participation, cooperate with
eligible integration, or provide requested footage may be considered
noncompliance with these requirements.
The establishment shall maintain any security camera system used to satisfy this
requirement in good working order and shall not knowingly disable or materially
limit the system’s functionality, except for maintenance, repair, replacement, or
circumstances beyond the establishment’s reasonable control.
5hen reviewing initial or renewal applications, the Riverfront Permit Review
Committee may recommend to the %ayor an exception from the security camera
requirements on a case-by-case basis as part of its recommendation regarding
approval of the application. An exception recommended by the Committee shall not
establish a precedent for other establishments. During review of a renewal
application, the Committee may recommend to the %ayor that a previously
approved exception be rescinded and that the security camera requirements be
reinstated for that establishment.
6 https://syncsouthbend.org/
South Bend Riverfront District Alcohol Permit Program, Criteria, and Requirements 7
Adopted November 12, 2026
9. Fees. Fees are required to be paid as follows:
a. Applicants must pay an initial application fee of One Thousand Dollars
(W1,MMM.MM) to the “City of South Bend.”
b. Riverfront alcohol permit holders must pay an annual renewal fee of One
Thousand Dollars (W1,MMM.MM) to the “City of South Bend.”
c. Initial permit and annual renewal fees required by the ATC also must be paid
separately and directly to the State at the time of such application.
10. Permit Status and Enforcement. Permits are not transferable and not portable
within or outside of the District. Any renewal is subject to compliance with the terms
of these local rules. The City may, at any time, verify compliance with these
requirements through site visits, inspections, and requests for reasonable
information, including operational or financial records.
Any riverfront alcohol permit establishment that receives a violation from Excise
Police or from any State or local law enforcement or other government agency or
has been found to be noncompliant with the Riverfront District guidelines may be
subject to non-renewal of its riverfront alcohol permit. The City’s determinations
under this section are limited to program participation and recommendations to the
ATC, and do not independently determine the issuance or renewal of a State
alcoholic beverage permit.
11. Changes Requiring Advance Approval. Certain changes to an establishment’s
business operations must be approved in advance by the City of South Bend and may
be referred to the Riverfront Permit Review Committee for further review and
recommendation, depending on the magnitude of the change. For purposes of this
section, a “material change” includes, but is not limited to, any change that would
reasonably affect the establishment’s business model, operational character,
eligibility classification, or its impact on surrounding properties. Such changes
requiring advance approval include:
a. Any material changes to the establishment’s business plan;
b. Any material changes to the menu, customer experience, or character of the
establishment;
c. Any changes to the establishment’s floor plan;
d. Any changes to ownership or management of the establishment, including
any changes necessitating the submission of a new %anager’s $uestionnaire
to the ATC; and
South Bend Riverfront District Alcohol Permit Program, Criteria, and Requirements 8
Adopted November 12, 2026
e. Any other changes that would render the establishment unable to meet at
least one of the eligible establishment types set forth in Section 2.
If a riverfront alcohol permit holder fails to disclose or obtain required approval from
the City of South Bend of any of the above prior to implementation of the changes,
the applicant or the riverfront alcohol permit holder will be deemed noncompliant
with the requirements set forth in this document and may be subfect to revocation
of the permit.
12. Tax and Code Compliance. For all parcels on which the establishment physically
resides, including, but not limited to, parking lots, outdoor dining areas, and any
other feature considered part of or an element of the establishment:
a. Property taxes must not be delinquent. All past-due taxes, penalties, fines,
fees, delinquencies, and other charges must be paid in full at the time of initial
application or renewal to be approved;
b. There must be no outstanding violations of state or local laws associated with
the establishment and/or the parcel(s) on which the establishment physically
resides (including, but not limited to, building code, zoning code, fire code,
health department standards, etc.); and
c. The establishment and/or the owner of the parcel(s) on which the
establishment physically resides, for the establishment’s parcel(s), must not
owe any unpaid fines or fees, and there must not be any current charges
levied by the City of South Bend or St. Joseph County.
If a condition described in subsections (a), (b), or (c) exists, the City may determine
that the applicant or riverfront alcohol permit holder is not in compliance, based on
the nature, severity, duration, and timing of the issue.
Eligibility Criteria and Factors
The City will review applications with the Riverfront Permit Review Committee and make
recommendations to the %ayor for alcohol permits they believe will strengthen the
economic vitality of the Riverfront District and the entire community.
The Committee—through the implementation of Ind. Code 0 7.1-Q-2M et seq., the
requirements set forth in this document, and the Riverfront Development District —seeks
to benelft the District and achieve the following:
• Enhance South Bend’s regional appeal by encouraging a diverse mix of restaurants
and cultural experiences in the Riverfront District;
South Bend Riverfront District Alcohol Permit Program, Criteria, and Requirements 9
Adopted November 12, 2026
• Encourage the opening or upgrade of a variety of distinctive and unique year-round
restaurants in South Bend to a degree that will improve the vitality of the Riverfront
District;
• Assure that issuance of a riverfront alcohol permit and business activity will not be
detrimental to the property values and business interests of others in the District;
and
• Support growth in the Riverfront District by collaborating with other businesses in
marketing, promotions, and other cultural growth efforts, as well as encouraging a
healthy, safe, and enfoyable atmosphere.
The recommendation of the Riverfront Permit Review Committee to the %ayor will be
based on the strength of the Committee’s determination of the following factors:
• The extent to which the establishment’s proposed concept and operations re§3ect an
eligible riverfront establishment type and demonstrate that alcohol service is
appropriately scaled to and supportive of the primary purpose of the business;
• The extent to which the applicant demonstrates a unique or differentiated concept
that complements, rather than oversaturates, existing offerings within the
Riverfront District;
• The number and nature of the fobs added or retained;
• Financial and ownership strength as demonstrated by a business plan and related
documentation, including the demonstrated ability of the applicant and any
individual or entity exercising ownership or operational control over the applicant
to operate and maintain properties in compliance with all applicable laws;
• If an existing business, the history of successful operation and reason for the need
for a permit;
• The compliance history of the applicant and of any individual or entity that owns or
controls the applicant, including, but not limited to, documented patterns of
unresolved or recurring violations of state or local law, documented patterns of
police dispatch or calls for service related to public nuisances or disturbances,
unpaid lfnes, chronic Neighborhood Services Enforcement actions, or failure to
maintain properties in a condition consistent with local standards;
• 5hether the establishment is locally owned, including the extent to which
ownership is based in South Bend or St. Joseph County, and demonstrates a
sustained commitment to the local community; and
South Bend Riverfront District Alcohol Permit Program, Criteria, and Requirements 10
Adopted November 12, 2026
• The owner’s participation in the cultural vibrancy of South Bend and continued
participation in promoting the vibrancy of the City while demonstrating a
collaborative approach to supporting the Riverfront District.
The above will be evaluated based on the establishment’s physical location, operational
characteristics, potential impact on the surrounding neighborhood, and the reputation and
experience of ownership. In evaluating ownership, reputation, and experience, the
Committee and the City may consider the operational, compliance, and enforcement
history of other establishments or properties owned or controlled by the same individual
or individuals who own or control the applicant, including those held through separate legal
entities.
As the Riverfront District alcohol permit program is intended to enhance vibrancy and
overall quality of place within the Riverfront District, the City strongly encourages all
riverfront alcohol permit holders to become members of, and actively participate in,
organizations such as Downtown South Bend (DTSB)7 and the Downtown Dining
Association.8
Initial Application Procedure
The initial application process is as follows:
1. The applicant will complete a riverfront alcohol permit application and submit it to
the City of South Bend along with a copy of their completed ATC Initial Application
or Transfer permit.
2. Prior to scheduling an application for consideration by the Riverfront Permit Review
Committee, the City will conduct an administrative review to determine whether
the application is complete and whether the applicant can reasonably satisfy the
eligibility criteria and factors set forth in this document, including those related to
ownership strength, reputation, and compliance history.
If the City determines, based on documented facts, that the applicant cannot
reasonably satisfy the eligibility criteria, the application may be administratively
declined without scheduling a Riverfront Permit Review Committee meeting.
Written notice shall be provided to the applicant briefly identifying the basis for
such determination.
3. If the application is not administratively declined, the Riverfront Permit Review
Committee will schedule a meeting with the applicant to consider the application.
7 https://www.downtownsouthbend.com/
8 https://eatdrinkdtsb.com/
South Bend Riverfront District Alcohol Permit Program, Criteria, and Requirements 11
Adopted November 12, 2026
4. At the meeting, the Riverfront Permit Review Committee will review the application
and vote on a recommendation to the Mayor regarding whether the applicant
should be supported for issuance of a riverfront alcohol permit.
5. If recommended for approval, the applicant will be required to execute the
Certification Affidavit and Agreement (the “Agreement”) in the form set forth in
Attachment E agreeing to comply with the requirements set forth in this document
and any and all local rules and conditions that the City places on the operation. The
Agreement will include additional terms and conditions governing the applicant’s
participation in the program.
6. The Mayor will then review the recommendations of the Riverfront Permit Review
Committee and determine whether to approve the application. If the Mayor also
approves, then the applicant will be provided with the letter of recommendation
from the Mayor needed for the ATC application.
The applicant must pay the initial application fee before the City provides the
Mayoral letter of recommendation.
Renewal Application Procedure
The City shall evaluate renewal applications to ensure the establishment is in full
compliance with the requirements set forth in this document, as amended and in effect at
the time of renewal. A renewal application shall not be deemed complete unless all required
materials, reports, and fees have been submitted. All riverfront alcohol permit holders shall
comply with the current requirements in place at the time of their renewal.
The renewal application process is as follows:
1. Submission of Complete Renewal Application . The riverfront alcohol permit holder
seeking renewal will submit to City of South Bend their complete renewal
application, consisting of:
a. The completed ATC Application for Renewal;
b. The annual compliance report required under this document; and
c. Payment of the annual renewal fee of $1,000.00 payable to the City of South
Bend.
During the lfrst renewal period immediately following the formal adoption of these
amended guidelines, and as a permanent condition of that and all subsequent
renewals, all riverfront alcohol permit holders must formally agree to these new
guidelines by executing the updated Agreement, set forth in Attachment E. Any
riverfront alcohol permit holder that has not executed the updated Agreement as
part of the renewal application procedure shall be deemed noncompliant.
South Bend Riverfront District Alcohol Permit Program, Criteria, and Requirements 12
Adopted November 12, 2026
All required materials and fees must be received no later than ninety (9M) days in
advance of the expiration of the existing permit. Failure to timely submit a complete
renewal application may result in denial or non -renewal of the riverfront alcohol
permit.
2. Committee Review if Needed. If the Riverfront Permit Review Committee, the
Mayor, or City staff have questions or concerns regarding the riverfront alcohol
permit holder’s previous or current compliance with the Agreement or the
requirements set forth in this document, the Committee may schedule a meeting
with the renewal applicant to consider the application.
If City staff determines that the renewal application is complete and the permit
holder is in compliance with the requirements and Agreement, the renewal may
proceed without Committee review.
3. Recommendation and Notice to ATC. Following any meeting held under this section,
the Riverfront Permit Review Committee will make a recommendation to the Mayor
regarding whether to approve or deny the renewal application.
For denied applications, the City will send notice to the ATC of the riverfront alcohol
permit holder’s noncompliance with the Agreement or the requirements set forth in
this document, with a request for non-renewal of the holder’s riverfront alcohol
permit.
Participants in the Application and Renewal Process
In addition to the applicant, participants in the riverfront alcohol permit initial and renewal
application process include, but are not limited to, the following:
• City of South Bend as the program administrator;
• The lfve-person Riverfront Permit Review Committee9 consisting of:
o The Executive Director of Community Investment or designee;
o A South Bend Common Council designee;
o A Member of the South Bend Redevelopment Commission;
o A DTSB representative; and
o A Mayoral designee;
9 The Riverfront Permit Review Committee serves in an advisory capacity only and does not make final
determinations.
South Bend Riverfront District Alcohol Permit Program, Criteria, and Requirements 13
Adopted November 12, 2026
•A City Legal Department representative; and
•The %ayor.
Reporting Obligations of Riverfront Alcohol Permit Holder
As noted above, a riverfront alcohol permit holder is required to provide an annual report
as part of their renewal application.
No later than ninety (9M) days prior to the State’s annual renewal date of the
establishment’s permit, the riverfront alcohol permit holder shall submit an annual
compliance report to the City for review by City staff and the Riverfront Permit Review
Committee. An applicant’s compliance report shall include all of the following
documentation:
•A revenue report indicating the total annual food, non-alcoholic beverage, and
alcohol/liquor sales for the previous year;
•A report indicating the total number of days open during the previous year, along
with a schedule of current operating hours;
•Information regarding any alcohol violations and/or lfnes issued by the Indiana
Excise Police or ATC during the last term, or a statement that no violations were
issued; and
•Proof of payment of the annual renewal fee to the City of South Bend.
After reviewing the information submitted by the riverfront alcohol permit holder, the City
may request in writing supplemental and/or clarifying information. The riverfront alcohol
permit holder shall provide the requested information within lffteen (1i) calendar days
following such request.
The riverfront alcohol permit holder shall certify under oath the accuracy of all information
submitted to the City.
Noncompliance of Riverfront Alcohol Permit Holder
Failure to timely submit required compliance reports, to remit required renewal fees, or to
comply with any material requirement, condition, or obligation imposed under this
document or the Agreement may be considered in determining material noncompliance.
If the City determines, in its sole discretion, that a riverfront alcohol permit holder is not in
compliance with the requirements set forth in this document in any material respect, the
City will notify the riverfront alcohol permit holder in writing of such noncompliance, after
which the riverfront alcohol permit holder shall have:
South Bend Riverfront District Alcohol Permit Program, Criteria, and Requirements 14
Adopted November 12, 2026
•Thirty (QM) calendar days from the date of the City’s notilfcation to explain in writing
the reasons for the noncompliance; and
•Sixty (6M) calendar days from the date of the City’s notilfcation to cure the
noncompliance.
If the City determines that the noncompliance has not been adequately addressed or cured,
the City may take remedial action as it deems appropriate, including, but not limited to, the
following:
1.Terminating the Agreement;
2.Sending notice to the ATC of the riverfront alcohol permit holder’s noncompliance
with the Agreement, including a request for non-renewal of the riverfront alcohol
permit holder’s permit; and
3.Providing notice to the local ATC Board and Excise Office, requesting a
recommendation to the state ATC office for non -renewal of the riverfront alcohol
permit holder’s permit.
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements A-1
Adopted November 12, 2026
Attachment A
%ap of the “Expanded 5est Riverfront District”
Adopted by the South Bend Common Council on September 11, 2023
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements B-1
Adopted November 12, 2026
Attachment B
%ap of the “Expanded East Riverfront District”
Adopted by the South Bend Common Council on September 11, 2023
South Bend Riverfront District Alcohol Permit Program, Criteria, and Requirements C-1
Adopted November 12, 2026
Attachment C
Ordinance No. 1M96i-2Q: Authorizing and Establishing the
Boundaries of the “Expanded 5est Riverfront District”
Adopted by the South Bend Common Council on September 11, 2023
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
C-2
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
C-3
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
C-4
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
C-5
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
C-6
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
C-7
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
C-8
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
C-9
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
C-10
South Bend Riverfront District Alcohol Permit Program, Criteria, and Requirements D-1
Adopted November 12, 2026
Attachment D
Ordinance No. 1M966-2Q: Authorizing and Establishing the
Boundaries of the “Expanded East Riverfront District”
Adopted by the South Bend Common Council on September 11, 2023
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
D-2
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
D-3
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
D-4
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
D-5
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
D-6
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
D-7
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
D-8
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
D-9
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
D-10
South Bend Riverfront District Alcohol Permit Program, Criteria and Requirements
Adopted November 12, 2026
D-11
South Bend Riverfront District Alcohol Permit Program, Criteria, and Requirements E-1
Adopted November 12, 2026
Attachment E
Form of Riverfront Alcohol Permit Holder Certilfcation Aflfdavit and Agreement
RIVERFRONT ALCOHOL PER%IT HOLDER CERTIFICATION
AFFIDAVIT AND AGREE%ENT
I, , certify under penalties of perfury that the following statements are
true and correct, and I further agree on behalf of (the “Riverfront Alcohol
Permit Holder”) as follows:
1. Authority and Binding Effect. I am a duly authorized representative of the
Riverfront Alcohol Permit Holder with full authority to execute and bind the
entity. This document constitutes a binding agreement between the Riverfront
Alcohol Permit Holder and the City of South Bend, Indiana (the “City”).
2. Purpose. Execution of this Agreement is a condition to the City’s consideration
of the Riverfront Alcohol Permit Holder’s application and related
recommendation to the Indiana Alcohol and Tobacco Commission (“ATC”).
3. Acknowledgment and Compliance. The Riverfront Alcohol Permit Holder has
received, read, and agrees to comply with the City of South Bend Riverfront
District Alcohol Permit Program Requirements, Eligibility Criteria, and
Procedures (the “Requirements”), as amended, and all applicable laws and ATC
rules.
4. Operational and Reporting Obligations. The Riverfront Alcohol Permit Holder
shall operate consistently with its approved concept, comply with all operational
and food service requirements, timely submit required reports, and ensure all
information provided is true, accurate, and complete.
5. City Oversight. The City may conduct inspections and request reasonable
documentation to verify compliance, which shall be based on actual operations.
6. Changes. The Riverfront Alcohol Permit Holder shall not make material changes
to operations, management, ownership control, or establishment character
without required City approval.
7. Non-Transferability. Any Riverfront Alcohol Permit is not transferable or
portable and remains conditioned on compliance with this Agreement and the
Requirements.
South Bend Riverfront District Alcohol Permit Program, Criteria, and Requirements E-2
Adopted November 12, 2026
8. Enforcement. The City may determine noncompliance in its sole discretion and,
if not cured, may terminate participation, recommend denial or non -renewal, and
notify the ATC.
9. Release. The Riverfront Alcohol Permit Holder releases the City and its officials
from any claims related to permit denial, termination, non -renewal, or
enforcement of the Requirements.
10. Indemnification. To the fullest extent permitted by law, the Riverfront Alcohol
Permit Holder shall defend, indemnify, and hold harmless the City, its officers,
employees, and agents from any claims, damages, liabilities, and expenses,
including attorneys’ fees, arising from the Riverfront Alcohol Permit Holder’s
operations, except to the extent caused by the City’s negligence or willful
misconduct.
11. No Property Right. Participation in the program does not create any property
right or entitlement.
12. Governing Law. This Agreement is governed by Indiana law, with venue in St.
Joseph County.
I aflfrm under penalties of perfury that the foregoing is true and correct and that I have
authority to bind the Riverfront Alcohol Permit Holder.
RIVERFRONT ALCOHOL PER%IT HOLDER:
By:
Name:
Title:
Date: