[HISTORY: Adopted by the City Council of the City of Auburn 3-28-1991 by L.L. No. 2-1991 as Ch. 15, Arts. II and IX of the 1991 Code. Amendments noted where applicable.]
No person shall at any place within the City exhibit, display, conduct, hold or have, for public entertainment or amusement, for money or other valuable consideration, any show, theater, theatrical performance, circus, moving picture, panorama, concert, minstrel show, bowling alley, shooting gallery, merry-go-round, or any other exhibition, performance, contrivance, mechanism or arrangement for public entertainment or amusement unless such person shall first have obtained a license therefor as herein provided or the hall or building in which the same is held or given shall have paid a license fee as a public hall as herein provided.
No license shall be required and no license fee charged in the case of any concert, exhibition or performance given by any person or organization for any recognized charitable or religious purpose, or for any auditorium or public hall, or performance, concert or entertainment, under the control, direction or auspices of the Board of Education of the City of Auburn School District.
Upon receiving the fees herein fixed, the City Manager shall, upon application, issue licenses for the particular kind of show, performance, exhibition, amusement or entertainment desired to be held, which said license shall be issued in the name of the City Manager upon the express terms and conditions that the licensee shall comply with all provisions of law and of the laws and ordinances of the City now in force or hereafter adopted and which shall be upon such other terms and conditions as the City Manager may in his or her judgment prescribe as reasonable or suitable.
Such license may at any time be revoked as provided in Chapter 200, Licensing, of this Code if such show, performance, exhibition, amusement or entertainment, or any part or feature thereof, or the purpose to which such public hall is put, is contrary to law, or to the laws or ordinances of the City, or is subversive or contrary to good morals, or for any reason that appears to be good and sufficient.
No person shall hereafter construct, maintain or operate a miniature golf course or any similar amusement for commercial purposes anywhere in the City without first obtaining a license or permit therefor from the Council and paying to the City Clerk the fee prescribed in this chapter.
Operator required. In all theaters, auditoriums, places of amusement, and other public places where projectors are used for the projection of motion pictures, there shall not be less than one operator on duty.
Qualifications of operator. Each such operator shall not be less than 21 years of age, shall be experienced in the operation of such machines, and shall, if required by the City Manager, submit to an examination as to his or her qualifications by two qualified examiners to be appointed by the City Manager.
Compliance prerequisite to license. No license for operation as provided by this section shall be issued by the City Manager to any theater, public hall or place of amusement unless its motion picture machines are operated as herein required, and any license issued may be revoked for a violation of this provision.
Violations. Any person owning, managing, directing or in charge of any such theater, auditorium, public hall or other public place who shall sanction or permit the operation of the picture machines used in such place contrary to the provisions of this section shall be guilty of a violation of this section.
Motion pictures. It shall be lawful to conduct or participate in motion picture exhibitions on the first day of the week after 1:05 p.m., to witness which the public is invited or an admission fee is charged, either directly or indirectly, in the City.
Special license required. Such motion pictures shall not be so exhibited by any person in any place without there having been procured a special license therefor from the Council in addition to the license required to be procured under any other provision of the existing law and ordinances of the City, and the Council may issue such licenses, fix the fees therefor to be paid to the City Treasurer, and prescribe the terms and conditions thereof and at any time, for good cause to it appearing, may revoke any such license so issued by it.
Compliance with conditions required. Such motion pictures shall be so exhibited on the first day of the week within such hours only in compliance with and obedience to the terms and provisions of the license issued by the Council therefor, and such other orders and regulations as may be made from time to time with respect to such exhibitions by the Council, and not otherwise.
Admission fee. No greater admission fee shall be charged for such exhibition than has been charged for an exhibition on weekdays.
Other activities prohibited. In connection with or in addition to the motion pictures so exhibited on any such day, there shall not be given, introduced or offered any show, dance, song, monologue, sketch, play, entertainment or other exhibition whatsoever, and no person shall give, introduce or offer or participate in giving, introducing or offering any of said matters in connection with, or in addition to, any such motion pictures or exhibition thereof on such day.
Applicability. The foregoing restrictions as to motion pictures shall not be deemed to apply to exhibitions by churches or religious organizations where no admission fee is charged.
Hours and location. It shall be lawful to conduct, witness, participate or engage in the playing of baseball games on the first day of the week after 1:05 p.m., to witness which the public is invited or an admission fee is charged, either directly or indirectly, in the City at such place and on such grounds as shall be designated or permitted for that purpose by the City Manager upon due application. Any such designation may be revoked or altered by the City Manager or by the Council at any time.
Authority to charge for admission. For the purpose of witnessing such games an admission fee may or may not be charged, as may be approved by the City Manager, but no greater fee shall be charged on Sunday than on any weekday.
Conduct regulated. Such baseball playing shall not, nor shall any person participating therein, unreasonably disturb the peace of the day.
Revocation of permission. Any such permission so granted may be revoked at any time by the City Manager or by the Council for any cause.
The following are hereby fixed as rates or fees to be paid upon such licenses:
For theaters, auditoriums or other public halls intended for public amusement, per year in advance: $75.
For circuses or other outdoor performances or shows charging a general admission for adults of $0.25 or upwards, including sideshows connected therewith, per day: $50.
For circuses or other outdoor performances or shows charging a general admission for adults of less than $0.25, including sideshows connected therewith, per day: $25.
For menageries, exhibitions, panoramas, moving pictures, performances, concerts, minstrel shows and other exhibitions, performances or amusement devices not held in a public hall, per day: $10.
For miniature golf courses or similar amusement, per year in advance: $50.
For public dance halls charging admission, per year: $20; per night: $5.