For the purpose of this Article, the following words and phrases shall mean and include:
Theater.
A building or part of a building intended to be used for the specific purposes of presenting entertainment as defined herein, or displaying motion pictures, slides or closed circuit television pictures before an individual or assemblage of persons, whether such assemblage be of public, restricted or private nature, except a home or private dwelling and for which no fee, by way of an admission charge is made.
Entertainment.
Any act, play, revue, pantomime, scene, song, dance act, or song and dance act, conducted or participated in by one or more persons, whether or not such person or persons are compensated for such performance.
Entertainment, continued.
"Entertainment" also includes a fashion or style show, except when conducted by a bona fide nonprofit club or organization as a part of the social activities of such club or organization, and when conducted solely as a fundraising activity for charitable purposes.
Professional entertainer.
A person or persons who engage in the presentation of entertainment for livelihood or gain.
Informal entertainment.
Any act, play, revue, pantomime, scene, song, dance act, song and dance act, or poetry recitation, conducted or participated in by any nonprofessional person or persons in or upon any premises to which patrons or members are admitted.
Person.
An individual, firm, partnership, joint adventure, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit excepting the United States of America, the State of California, and any political subdivision of either thereof.
Operator.
The permittee or authorized representative presenting entertainment as defined herein or displaying motion pictures, slides, or closed circuit television pictures within a theater in the City of Santa Monica.
Bona fide nonprofit club or organization.
Any fraternal, charitable, religious or benevolent, or any other nonprofit organization having a regular membership association primarily for mutual social, mental, political and civic welfare, to which admission is limited to members and guests and revenue accruing therefrom to be used exclusively for the benevolent purposes of said organization or agency is exempt from taxation under the Internal Revenue laws of the United States as a bona fide fraternal, charitable, religious, benevolent or nonprofit organization.
Admission charge.
Any charge for the right or privilege to enter and occupy a seat or space in a theater.
(Prior code § 31000; added by Ord. No. 870CCS, adopted 5/25/71)
It shall be unlawful for any person to operate, or to cause or permit to be operated, any theater in the City of Santa Monica without having obtained a permit from the Chief of Police.
Any place or premises where a permit to operate is sought must conform to all existing building, health, zoning and fire codes or ordinances of the City of Santa Monica. Nothing contained herein shall be construed to impose new requirements to existing theaters under City's building, health, zoning and fire codes and ordinances.
(Prior code § 31001)
Every person desiring a permit pursuant to this Article shall file an application with the Chief of Police upon a form provided by said Chief of Police and shall pay a filing fee of fifty dollars.
(Prior code § 31002)
Except as otherwise provided herein, an application for a permit pursuant to the provisions of this Article shall specify:
(a) 
The address of the location for which the permit is required, together with the business name of such location.
(b) 
The name and proposed business address of the applicant. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation; and the applicant shall also set forth the date and place of incorporation; the names and residence addresses of each of the officers, directors, and each stockholder owning more than ten percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this Section pertaining to a corporate applicant apply.
(c) 
Whether or not the applicant has ever been convicted of any crime except misdemeanor traffic violations, including any offenses listed in Section 3.64.080 herein and if so convicted, the place and court in which the conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as the result of said conviction.
(d) 
The names and addresses of the persons who have authority or control over the place for which the permit is requested, and a brief statement of the nature and extent of such authority and control.
(e) 
Such information pertinent to the operation of the proposed activity, including information as to management and authority control, as the Chief of Police may require of an applicant in addition to the other requirements of this Section.
(f) 
The address to which notice, when required, is to be sent or mailed, and the name and address of a person authorized to accept service of process, if not otherwise set forth herein.
(g) 
Whether the application is for a new permit or for the renewal of an existing permit.
(h) 
The Chief of Police shall require fingerprint identification of the permit applicant if a sole proprietor, the general partner or partners of a partnership if filing for an application and all those having control and authority over the theater for which the permit is to be issued.
(Prior code § 31003)
The provisions of Sections 3.64.040(b), (c) and (h) entitled "Application Form" relating to requirements for corporate applicants shall not apply to any of the following:
(a) 
A corporation, the stock of which is listed on a stock exchange in the State of California or in the City of New York, State of New York.
(b) 
A bank, trust company, financial institution or title company to which application is made or to whom a license is issued in a fiduciary capacity.
(c) 
A corporation which is required by law to file periodic reports with the Securities and Exchange Commission.
(Prior code § 31004)
When an application is filed for a new permit under this article, the Chief of Police shall fix a time and place for a public hearing thereon within forty days from the date of filing said application. Not less than ten days before the date of such hearing, the Chief of Police shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed theater is to be operated and the applicant shall maintain said notice as posted the required number of days. Such notice shall set forth the following:
(a) 
Whether the applicant intends to primarily operate a motion picture or closed circuit television theater;
(b) 
Whether the applicant intends to operate a closed circuit television theater only;
(c) 
Whether the applicant intends to primarily conduct live performances within a theater and a closed circuit television theater;
(d) 
Whether the applicant intends to conduct both motion pictures and closed circuit television pictures together with live entertainment.
(Prior code § 31006)
The Chief of Police shall issue a permit within fourteen days following a hearing as provided in Section 3.64.070 herein, based upon his or her investigation and subsequent to the public hearing provided for above, if he or she finds:
(a) 
That the operation, as proposed by the applicant, if permitted, would comply with all applicable laws, including, but not limited to, the City's building, health, zoning and fire codes or ordinances as set forth in Section 3.64.020 herein.
(b) 
That the applicant, and any other person who will be directly engaged in the management and operation of a theater has not been convicted in a court of competent jurisdiction, by final judgment, of:
(1) 
An offense involving the presentation, exhibition, or performance of an obscene production, motion picture, play or act in the State of California within three years of this Article;
(2) 
An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code, whether he or she was convicted in this State or elsewhere;
(3) 
An offense involving the use of force and violence upon the person of another that amounts to a felony, or if committed without the State of California would amount to a felony if committed within the State of California;
(4) 
An offense involving the use of force and violence upon the person of another provided that such person committed three separate offenses within the past five years;
(5) 
An offense involving sexual misconduct with children;
(6) 
An offense involving sexual misconduct committed within the premises of a theater on the stage or as part of the entertainment.
(c) 
That the applicant has not knowingly made any false, misleading or fraudulent statement of facts in the permit application or any other document required by the Chief of Police in conjunction therewith.
(Prior code § 31007)
No establishment issued a permit pursuant to this Article may allow the premises to be used solely for the purpose of conducting a private club between the hours of two a.m. and six a.m.
(Prior code § 31008)
The Police Department, in addition to their several other duties, shall inspect any and all establishments which have been issued a permit pursuant to this Article.
(Prior code § 31009)
Whenever, upon due notice and hearing, it shall be determined that noise from any establishment which has been issued a permit pursuant to this Article interfered with the right of persons dwelling in the vicinity of such establishment to the peaceful and quiet use and enjoyment of their property, the Chief of Police may require that the premises be sound-proofed in a manner that in the judgment of the Chief of Police will be effective to eliminate the noise or reduce it to a reasonable level. In taking any action under this Section, the Chief of Police must balance all of the interests of the respective parties, as well as the hardship which will result from any order. If the Chief of Police finds that the noise complained of is of a minimum or inconsequential degree, no action shall be taken under this Article. If a permittee fails, within a reasonable time and in no event more than sixty days after having been ordered to do so pursuant to this Article, to take such steps as were ordered to abate any noise, his or her permit shall be suspended after a second hearing, due notice of which is given, until such time as he or she complies with the order.
(Prior code § 31010)
No person granted a permit pursuant to this Article shall place or cause to be placed or maintained in such a location as can be viewed by persons on any public street, or any portion of the premises to which the public has access without paying an admission charge, any sign or signs, photographic, pictoral or other graphic representations, that depict in whole or in part the following:
(a) 
Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law.
(b) 
Scenes wherein a person displays the vulva or the anus or the genitals.
(c) 
Scenes wherein artificial devices are employed to depict, or drawings are employed to portray, any of the prohibited signs, photographs or graphic representations described above.
(Prior code § 31011)
All signs, photographic, pictorial or graphic representations prohibited by this Article shall be removed within ten days after the effective date of the ordinance codified in this Article.
(Prior code § 31012)
(a) 
No sign or signs which in whole or in part advertise the words "masturbation," "sodomy," "bestiality," "oral copulation," or "flagellation" shall be maintained, erected, used or placed upon or adjacent to the outside of any building or in connection with any premises which have received a permit pursuant to this Article.
(b) 
Sign Removals. All sign or signs or portion thereof which contain the descriptive words set forth in Section 3.64.140(a) shall be removed within ten days after the effective date of this Article.
(Prior code § 31013)
No operator of a theater shall permit, or cause to be permitted, any entertainment or film to be viewed at any time from the street, sidewalk, or highway.
(Prior code § 31014)
The provisions of Section 3.64.190 relating to a permit and license fee shall not apply to any theater used exclusively for any of the following purposes:
(a) 
Theaters that are operated by any public agency or by any educational, recreational or social agency, or by any bona fide fraternal, charitable, or religious or benevolent or any other non-profit organization having a regular membership association primarily for mutual social, mental, political and civic welfare, to which admission is limited to members and guests and revenue accruing therefrom to be used exclusively for the benevolent purposes of said organization and which organization or agency is exempt from taxation under the Internal Revenue Laws of the United States as a bona fide fraternal, charitable, religious, benevolent or nonprofit organization.
(Prior code § 31015)
The Chief of Police shall suspend or revoke any permit issued hereunder, if he or she finds after a noticed public hearing, that any of the following conditions exist:
(a) 
The operation, as conducted by the permittee, does not comply with all applicable laws, including, but not limited, to the City's building, health, zoning and fire codes or ordinances as set forth in Section 3.64.020 herein; or
(b) 
The permittee and any other person who will be directly engaged in the management and operation of a theater:
(1) 
Has been convicted in a court of competent jurisdiction, by final judgment of:
(i) 
An offense involved in the presentation, exhibition or performance of obscene production, motion picture, play or act in the State of California, within three years of the effective date of the ordinance codified in this Article;
(ii) 
An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code, whether he or she was convicted in this State or elsewhere;
(iii) 
An offense involving the use of force and violence upon the person of another that amounts to a felony, or if committed without the State of California would amount to a felony if committed within the State of California;
(iv) 
An offense involving the use of force and violence upon the person of another provided that such person committed three separate offenses within the past five years;
(v) 
An offense involving sexual misconduct with children;
(vi) 
An offense involving sexual misconduct committed within the premises of a theater on the stage or as part of the entertainment.
(c) 
The permittee or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit.
(d) 
The permittee or manager has violated any provision of this Article pertaining to the theater in question.
(Prior code § 31016)
On revocation of the permit, no part of the annual license fee shall be returned, but the said license fee shall be forfeited to the City of Santa Monica.
(Prior code § 31017)
Every permittee who conducts, permits, or assists in conducting, or assists in conducting, or permitting, any theater as defined herein shall pay to the City Clerk a license fee as required by Section 6.24.220 of the Santa Monica Municipal Code.
(Prior code § 31018)
Any permit issued under the terms of this Article may be suspended for a period of thirty days by the Chief of Police if the Chief of Police determines after a noticed hearing that violation of any provision of this Article has occurred or any applicable building, health, zoning and fire code or ordinance has occurred.
(Prior code § 31019)
No permit shall be transferable except with the written consent of the Chief of Police and such consent shall not be unreasonably withheld. An application for such a transfer shall be in writing and shall be accompanied by a filing fee of fifty dollars. The written application for such transfer shall contain the same information as requested herein for an initial application for such a permit.
(Prior code § 31020)
Any person who knowingly violates any provisions of this article shall be deemed guilty of a misdemeanor and upon conviction such person shall be punished by a fine of not to exceed one thousand dollars or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment.
(Prior code § 31021)
All premises required to file an application for a permit and license pursuant to this article must file for a permit within sixty days of the effective date of the ordinance codified in this Article; failure so to do shall make continued operation of said place of entertainment a violation of Section 3.64.220 hereof. Permits must be obtained from the Police Department as Sections 3.64.020, 3.64.030, 3.64.040, and 3.64.060 hereof provide.
(Prior code § 31022)
The issuance of this permit shall not exempt the permittee named therein from any regulatory provision of the Santa Monica Municipal Code relative to the maintaining, conducting or operating of any theater, motion picture theater or other place of amusement or any equipment or apparatus used or installed therein.
(Prior code § 31023)
If any Section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The City Council hereby declares that it would have passed each Section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more Sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
(Prior code § 31024)