For the purpose of this Article, the following words and phrases
shall mean and include:
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.
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" 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.
A person or persons who engage in the presentation of entertainment
for livelihood or gain.
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.
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.
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.
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.
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)
Every application for a permit under this Article shall be verified
as provided in the California Code of Civil Procedure for the verification
of pleadings.
(Prior code § 31005)
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)
