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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: