[Amended 4-7-1994 by Ch. No. 2346; 7-25-1996 by Ch. No. 2420]
The City Council or the City Clerk, shall cause a preliminary investigation to be made by the Director of Public Safety or a appointed agent to determine the legitimacy and safety of a performance, show or exhibition in accordance with the applicable General Laws of the State of Rhode Island, and said Director of Public Safety shall cause a report to be made forthwith. Such report shall consist of a critical review based upon a compilation of all available information relating to such performance, show or exhibition. Such factors to be considered in the report include traffic, parking, impact on surrounding neighborhood, safety of equipment used in performance and other facts deemed important by the Public Safety Director or Council. In the event that said report reflects the same to be controversial with regard to obscenity, the City Council may cause a viewing of said performance, show or exhibition prior to its licensing. A view of said questionable performance, show or exhibition shall be made by members of the City Council, the Public Safety Director or his or her duly appointed agent and an attorney of the Law Department of the City of Pawtucket, and they shall determine whether or not there is probable cause of obscenity. Said determination of probable obscenity shall be based upon whether to the average person applying contemporary community standards the dominant theme of the material taken as a whole appeals to the prurient interest and has no social redeeming value. In the event that it is determined that said license should not be granted on the ground that the said performance, show or exhibition is probably obscene, then and in such an event the City Council shall authorize the City Solicitor to commence an action to determine said obscenity. Said action shall be commenced within 48 hours of the filing of said application in the Superior Court for Providence and Bristol Counties pursuant to the provisions of R.I.G.L. § 5-22-5, as amended.