HomeMy WebLinkAboutOrdinance D-2288-16SPONSOR: Councillor Finkam
ORDINANCE NO. D-228846
Synopsis: Ordinance will require applicants for three-way alcoholic beverage permits made
available pursuant to IC 7.1-3-20-16.8 to enter into a formal written commitment as a .
condition of their eligibility for and the holding of the same.
WHEREAS, the Indiana General Assembly has enacted IC 7.1-3-20-16.8 (the "Law"),
which allows the Indiana Alcohol and Tobacco Commission to issue four (4) new three-way
alcoholic beverage permits ("Permits") that will allow the holders of the same to sell alcoholic
beverages for on -premises consumption at certain locations within the City of Carmel, Indiana
("City"); and,
WHEREAS, an applicant for such a Permit granted under the Law must be a proprietor, as
owner and/or as lessee, of a restaurant located within an economic redevelopment area, an area
needing redevelopment, or a redevelopment district in within a City downtown redevelopment.
district or downtown economic revitalization area;
WHEREAS, it is in the public interest for the City to use the Permits to serve and enhance
the development of its downtown redevelopment districts;
WHEREAS, the Law authorizes the City to adopt an ordinance requiring each Permit
applicant to submit a written commitment ("Commitment') to the City, as a condition of eligibility
for the issuance of a Permit to the applicant, that will be binding upon the Permit holder and on
any lessee or proprietor of the Permit premises; and
WHEREAS, the Common Council of the City of Carmel, Indiana ("Council') now desires
to require a binding and written Commitment from each Permit applicant and to establish the
requirements of that Commitment.
NOW, THEREFORE, the Common Council states and ordains as follows:
Section 1. The foregoing Recitals are fully incorporated herein by this reference.
This Ordinance was prepared by Douglas Haney, Corporation Counsel, on 04/11/16 at 3:55 p.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
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SPONSOR: Councillor Finkam
Section 2. The following should be and the same is hereby adopted and shall be codified
as Chapter 6, Article 8, Section 6-228 of the Carmel City Code, to wit:
{<
"§ 6 — 228 Committment Required for Certain Rtchohotic Beverage Permits
(a) All applicants for a three-way alcoholic beverage permit issued pursuant to Indiana Code
7.1-3-20-16.8 ("Permit") shall be required, as a condition precedent to being considered for
and/or holding such a Permit, to enter into a written commitment ("Commitment')
acceptable to the City that contains all of the conditions set forth in subsections (b) and (c)
hereinbelow.
(b) A Commitment shall state and agree that:
(i) The location of the premises for which the Permit is being sought is within one of
the following City redevelopment districts: (A) City Center District, (13) Arts and
Design District, (C) Midtown District, or (D) The Proscenium District.
(ii) If a Permit is issued to an applicant in accordance with this Section, the Permit
shall not be transferred from the premises for which it is issued or from the Permit
holder to whom it is issued.
(iii) If a Permit is issued to an applicant in accordance with this Section, the
Commitment and all of the terms and conditions set forth therein shall be binding
upon the Permit applicant, the Permit holder, and each and every lessee and/or
proprietor of the permitted premises.
(iv) If a Permit is issued to an applicant in accordance with this Section, the Permit
applicant, the Permit holder, and each and every lessee and/or proprietor of the
permitted premises shall agree that the permitted premises shall remain open to the
public a minimum of six (6) days and thirty (30) hours per week, and that table
and/or counter wait staff shall be available at all such times.
(v) If a Permit is issued to an applicant in accordance with this Section, the Permit
holder agrees to forward to both the Council and the Mayor a copy of any
application to renew such Permit, as well as provide the same with timely notice of
any filings, hearings, or other proceedings regarding or pertaining to such Permit
renewal application.
Ordinance D-2288-16
Page Two of Five
This Ordinance was prepared by Douglas Haney, Corporation Counsel, on 04/11/16 at 3:55 p.m No subsequent
revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
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SPONSOR: Councillor Finkam
(c) A Commitment shall contain the following information:
(i) The full name and address of the Permit applicant.
(ii) The business name and address of the premises for which the Permit is requested.
(iii) The "theme" or type of establishment that will be operated on the premises for
which the Permit is requested.
(iv) The nature and type of dining services that will be provided at the premises for
which the Permit is requested.
(v) The daily hours of operation of the premises for which the Permit is requested.
(vi) The typical food and beverage selections that will be offered to the public at the
premises for which the Permit is requested.
(vii) 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.
(viii) Financial statements from the Permit applicant and premises proprietor/lessee for
the past five (5) fiscal years.
(ix) 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.
(x) A full and complete executed copy of the Permit application.
(d) All Commitments shall be submitted to the Mayor, who shall, after review and inquiry,
make a recommendation for action thereon to the Council.
(e) The Council, upon recommendation of the Mayor, shall evaluate and consider a
Commitment based upon the following criteria:
(i) The location of the permitted premises.
(ii) The overall design and quality of the restaurant facility.
Ordinance D-2288-16
Page Three of Five
This Ordinance was prepared by Douglas Haney, Corporation Counsel, on 04/11/16 at 3:55 p.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
VA\shamd\E Bm\My Documents\0RDINANCES\2016\0rdinwm D-2288-16 - Alcoholic Bevemp Pennit,doac
SPONSOR: Councillor Finkam
(iii) The financial investment in the permitted premises and operation.
(iv) The reputation and experience of the operator.
(v) The expected timetable for construction or remodelling of existing property and
commencement of operations.
(vi) The restaurant/permitted premises ability to draw people to and enhance the
development of the District.
(vii) The uniqueness of the facility and its consistency with the overall plan of the
District.
(f) After it is submitted to the Council, a Commitment may be modified by the Council with
the agreement of the Permit applicant.
(g) If a majority of the Council accept a Commitment, the Council shall approve the
. Commitment by ordinance."
Section 3. 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 4. 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.
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Ordinance D-2288-16
Page Four of Five
This Ordinance was prepared by Douglas Haney, Corporation Counsel, on 04/11/16 at 3:55 p.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
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SPONSOR: Councillor Finkam
PA ED by the Common Council of the City of Carmel, Indiana; on this W'day of
2016, by a vote of _ 1_ ayes and _0 nays.
COMMON COUNCIL FOR THE C Y OI' CART
Ran d E. Carter, President Kevin D. Rider
ue nkam Vice -President
�CQ2
Laura D. Campbell
Am"W
Carol Schleif
Panted b me to the Mayor of the Cityo Cazmel, this dayof
( y 2016, at , 7- r M.
C ne S. Pauley, erk-Treasure
Approved by me, Mayor of the City of Carmel, Indiana, this aay of
2016, at % so f.M.
2 J s Brainard, Mayor
n a y, Clerk -Treasure
nance D- 88-16
Page Five of Five
This Ordinance was prepared by Douglas Haney, Corporation Counsel, on 04/11/16 at 3:55 p.m No subsequent
revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
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