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HomeMy WebLinkAboutD-1793-06 Smoking BanSPONSOR: Fred Glaser ORDINANCE NO. D-1793-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL~ INDIANA~ AMENDING CHAPTER 6~ ARTICLE 5~ DIVISION VIIL SECTION 6-161 OF THE CARMEL CITY CODE WHEREAS, this Council previously enacted Carmel City Code Section 6-161; and WHEREAS, it is in the public interest to now amend City Code Section 6-161 to clarify certain ambiguities and to correct a scrivener's error. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1: The foregoing Recitals are incorporated herein by this reference. Section 2: Chapter 6, Article 5, Division VIII, Section 6-161 of the City Code should be and the same is hereby amended as follows: a. Section 6-161(b)(iii)(l)(5) shall be amended to read: "Has provided written notice to the City Attorney that it intends lo allow smoking and that it meets all of the criteria entitling it to an exemption under this Subsection." b. Section 6-161 (b)(iii)(I)(6) shall be deleted. c. Section 6-161(c)(iv), shall be amended to read: "It shall be the obligation and duiy of the owner, manager or operator of any bar or tavern that elects to be exempted from the provisions of this Section, pursuant to Subsection (b)(iii)(I) hereof, to ensure that no person(s) under the age of twenty-one (21) are allowed to enter therein in violation of this Section." Section 3. The remaining provisions of City Code Section 6-161 are not affected by the above amendments and remain in full force and effect according to their terms. Section 4. All prior City ordinances or parts thereof that are inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 5. 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. Page One of Two Pages Prepared by Douglas C. Haney, City Attorney for the City of Carmel, Indiana [Z:\Law\E Bass~My Documcnts\ORDINANCES~a, mendCodeL2006\SMOKING Ord Amend Sec 6-161 .doc:: latst Printed 1/17/2006 9:55 AM] PASSED by the Common Council of the City of Carmel, SPONSOR: Fred Glaser Indiana, this CPQ~'~ day of 2006, by a vote of -7 ayes and ~ nays. C£ K~m I~by Mark Rattermann Diana L. Cordray, IAMC, Clerk-Tre. Presented by me to the Mayor of the City of Carmel, Indiana, this,,-9---~'a d day of (~3c*4cth~, - __2006, at ~ ?30 O'clock, r .M. ~ ~~ ~ , o Diana L. Cordray, ~C, Clerk-Trea~rer Approvd by me, Mayor of the City of Camlel, Indiana, this ~ 3~ay of ~~ 2006, at &~O O'c'ock,~ .M. f ~ ~~n~d, ~r AIT~~/ Diana L. Cordray, I~C, CI~-T~r Ordinance No. D-1793-06 Page Two of Two Pages Prepared by Douglas C. Haney, City Attorney for the City of Carmel, Indiana [Z:\Law\E Bass\My Documcnts\ORI)lNANCESLa, mendCod¢\2006kSMOKING Ord Amend Sec 6-161 .doc:: bast Printed I/I 7/2006 9:55 AM]