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HomeMy WebLinkAboutD-2410-18 Three-Way Alcoholic Beverage PermitsSPONSOR: Councillor Kimball ORDINANCE NO. D-2410-18 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 6. ARTICLE 8. SECTION 6-228 OF THE CARMEL CITY CODE Synopsis: Ordinance amends what information is required to be submitted by applicants for the three-way alcoholic beverage permits made available by IC 7.1-3-20-16.8. WHEREAS, the Indiana General Assembly has enacted IC 7.1-3-20-16.8, which allows the Alcohol and Tobacco Commission (the "Commission") to issue not more than four (4) new three-way alcoholic beverage permits (the "Permits") to sell alcoholic beverages for on -premises consumption to applicants located in Carmel; WHEREAS, IC 7.1-3-20-16.8(4) provides that a municipality may adopt an ordinance requiring a formal written commitment (the "Written Commitment") to the municipality by applicants for a Permit as condition of eligibility for a Permit pursuant to IC 7.1-3-19-17; and WHEREAS, the Common Council desires to revise the requirements of, and the criteria for, the evaluation of a Written Commitment for a Permit pursuant to IC 7.1-3-19-17. NOW, THEREFORE, the Common Council ordains and states as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. Carmel City Code Chapter 6, Article 8, Section 6-228(c) is hereby amended and shall read as follows: "(c) A Commitment shall contain the following information: (1) The full name and address of the Permit applicant. (2) The business name and address of the premises for which the Permit is requested. (3) The "theme" or type of establishment that will be operated on the premises for which the Permit is requested. (4) The nature and type of dining services that will be provided at the premises for which the Permit is requested. (5) The daily hours of operation of the premises for which the Permit is requested. (6) The typical food and beverage selections that will be offered to the public at the premises for which the Permit is requested. (7) A description of the Permit applicant's (or premises proprietor's/lessee's) experience in operating facilities similar to that which will be operated on the premises for which the Permit is requested. Ordinance D-2410-18, as amended in Finance, Utility and Rules Committee 2/8/18 Page One of Three This Ordinance was prepared by Jon Oberlander, Carmel Senior Assistant City Attorney, on 1/19/18 at 12:04 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. SPONSOR: Councillor Kimball (8) Financial statements or other financial instrument as deemed appropriate from the Permit applicant and premises proprietor/lessee for the past five (5) fiscal years, and/or a financial reference from a financial institution, if requested by the City. (9) A statement explaining how the premises, if it were granted a Permit, would benefit the City and the District in which it will be located. This statement should include the number of anticipated new jobs that would result from premises operation. (10) A full and complete executed copy of the Permit application." Section 3. The remaining provisions of Carmel City Code Sections 6-228 are not affected by this Ordinance and shall remain in full force and effect. Section 4. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 5. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and such publication as is required by law. [remainder of page intentionally left blank] Ordinance D-2410-18, as amended in Finance, Utility and Rules Committee 2/8/18 Page Two of Three This Ordinance was prepared by Jon Oberlander, Carmel Senior Assistant City Attorney, on 1/19/18 at 12:04 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. SPONSOR: Councillor Kimball PASSED by the Common Council of the City of Carmel, Indiana, this eday of VV b, 2018, by a vote of � ayes and �nays. CO COCIL FOR THE CITY OF CARMEL evin D. Rider, President n Sue Finkam Vice - 1) Laura D. Campbell ona d "a pyr - n L 1111� I k ce Kimball 4 h rr Presented by me to the Mayor of the City of Carmel n a this.o y f Kib (L[ 2018, atQ . UO 4_.M. C me S. Pauley Jerk -Treasurer Aproved by me, Mayor of the City of Carmel, Indiana, this. day of u 2018, at `�� P.M. resBrainard, Mayor AT C Stine S. Pauley� Clerk -Treasurer Ordinance D-2410-18, as amended in Finance, Utility and Rules Committee 2/8/18 Page Three of Three Pages This Ordinance was prepared by Jon Oberlander, Carmel Senior Assistant City Attorney, on 1/19/18 at 12:04 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.