CITY OF MISHAWAKA
DEPARTMENT OF LAW
JOHN P. GOURLEY
Corporation Counsel (219) 255-1155
STAFF ATTORNEY
Jennifer A. Zimmerman (219) 258-1702
ASSISTANT CITY ATTORNEYS:
H. Theodore Noell (219) 259-1002
Stephen A. Studer (219) 273-1010
Edward A. Chapleau (219)233-5173
NOTICE
Effective October 24, 2000, pursuant to the United
States Court of Appeals for the Seventh Circuit’s decision in Schultz
v. Cumberland, the City of Mishawaka suspends enforcement of
the following provisions of Ordinance Number 4415 until further
notice:
Subsection 3(F)(3): Whether the applicant or
any of the other individuals listed in the application has, within
the two or five year period as specified in §124.05 immediately
preceding the date of the application, been convicted of a specified
criminal act, and, if so, the specified criminal act involved, and
the date and place of conviction.
Subsection 3(F)(8): The applicant’s…residential
address. Subsection 3(F)(9): A recent photograph of the applicant(s).
Subsection 3(F)(10): The applicant’s driver’s
license number, Social Security number, and/or his/her state or
federally issued tax identification number.
Subsection 4(A): …The Mishawaka Police Department
shall only be required to certify the NCIC records request check
mentioned at §124.05. The Police Department shall not be required
to approve or disapprove applications.
Subsection 5(C)(1)(b): An applicant or an applicant’s
spouse is overdue on his/her payment to the city of taxes, fees,
fines, or penalties assessed against him/her or imposed upon him/her
in relation to a sexually oriented business.
Subsection 5(C)(1)(j): An applicant has been
convicted of a "specified criminal’ act for which:
1. Less than two years have elapsed since the date
of conviction or the date of release from confinement, whichever
is the later date, if the conviction is of a misdemeanor offense
for the "specified criminal" acts which are sexual crimes against
children, sexual abuse, rape or crimes connected with another sexually
oriented business including, but not limited to, distribution of
obscenity or material harmful to minors, prostitution, pandering,
or tax violations;
2. Less than five years have elapsed since the date
of conviction or the date of release from confinement, whichever
is the later date, if the conviction is of a felony offense; for
the "specified criminal" acts which are sexual crimes against children,
sexual abuse, rape or crimes connected with another sexually oriented
business including, but not limited to, distribution of obscenity
or material harmful to minors, prostitution, pandering, or tax violations;
3. Less than five years have elapsed since the date
of conviction or the date of release from confinement, whichever
is the later date, if the convictions are of two or more misdemeanor
offenses for "specified criminal" acts which are sexual crimes against
children, sexual abuse, rape or crimes connected with another sexually
oriented business including, but not limited to, distribution of
obscenity or material harmful to minors, prostitution, pandering,
or tax violations; offenses occurring within any 24 month period;
4. The fact that a conviction is being appealed shall
have no effect on disqualification of the applicant.
5. An applicant who has been convicted of the above
described "specified criminal" acts may qualify for a sexually oriented
business permit only when the time period required above in §124.05(C)(1)(j)
has elapsed.
Subsection 10(B)(5): A permittee has been convicted
of a "specified criminal act" for which the time period required
in §124.05 of this chapter has not elapsed;
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