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ORD CC 03/09/1971 - Theater regulationAN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY ADDING A NEW CHAPTER TO BE ENTITLED CHAPTER 16A, REQUIRING LICENSING AND REGULATING THEATERS; WITH DEFINITIONS, LICENSE REQUIREMENTS, AND FEES, PROVIDING FOR REVOCATION AND SUSPENSION OF LICENSES; SETTING FORTH STANDARDS OF OPERATION; PROVIDING FOR INSPECTION AND SUPERVISION BY THE BUILD- ING OFFICIAL; DECLARING ANY VIOLATION TO BE A MISDEMEANOR; CONTAIN- ING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; AND CONTAINING A SAVINGS CLAUSE:. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT THE CODE OF ORDINANCES, CITY OF HUNTSVILLE, TEXAS, IS HEREBY AMENDED BY ADDING A NEW CHAPTER TO BE DESIGNATED CHAPTER 16A, WHICH SAID CHAPTER READS AS FOLLOWS: ARTICLE I - IN GENERAL SECTION 16A -1: Definitions. For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) "City" is the City of Huntsville, Texas. (b) "Building Official" is the City Building Official of the City of Huntsville, Texas. (c) "Theater" is any premise in which motion pic- tures are projected upon a screen or a theatrical performance given for viewing by patrons which is open to the public. (d) "Drive -in Theater" is any premise in which motion pictures are projected upon a screen or theatrical performances given for viewing by patrons seated in automobiles or other vehicles which is open to to the public. (e) "Licensee" is a person having a City license in full force and effect issued hereunder for a theater or a drive -in theater. (f) "Person" is any person, firm, partnership, assoc- iation, corporation, company or organization of any kind. SECTION 16A -2: License Required. No person shall construct, operate or maintain a theater or drive -in theater within the City without having a valid license therefor in force and effect under the terms and provisions of this Ordinance. ARTICLE II - LICENSES SECTION 16A -3: Application Procedure. Applications for licenses issued hereunder for a theater or drive -in theater shall be made upon blank forms prepared and made available by the "Building Official" and shall state: (1) The name, home address and proposed business address of the applicant; (2) The number of automobiles or other vehicles which the drive -in theater is designed to accommodate; or the number of patrons or customers which the theater is de -. signed to accommodate; (3) The hours of operation for said theater; (4) If the applicant is a firm, association, or partnership then the information required of an in- dividual shall be required of the primary representa- tive thereof; (5) If a corporation, the application shall state: (a) That the applicant is either a domestic corp- oration duly organized and existing under the laws of the State of Texas, or if a foreign corporation, the state of its incorporation and that it is duly authorized to transact business in the State of Texas; (b) The name of its Registered Agent and the address of its Registered Office in the State of Texas; (c) The name, home address and proposed business address of the operator or person in charge of the operation of the theater sought to be licensed hereunder; and (d) The name, home address and business address of the President of such corporation. SECTION 16A -4: Application Fee. An application hereunder shall be accompanied by an appli- cation fee of Twenty -five and no /100 ($25.00) Dollars, to defray the expense of investigation and issuance of license, and said fee is non - returnable if application for a license is refused or not issued after an investigation has been made. (a) Standards for Issuance of License. The Building Official shall issue the license to the applicant named in the application at the location designated thereon. (b) Any license issued hereunder shall be renewable on the first day of January of each succeeding year after the date of issuance upon payment of a renewal fee of Twenty -five and no /100 ($25.00) Dollars. A license issued during the year shall be prorated so as to provide for the number of months actually used during the issuing year. SECTION 16A -5: Transfer of Licenses; Changes in partnership or corp- orations. A license may transferred to a different location, upon application and payment of a transfer fee of Ten and no /100 ($10.00) Dollars. (1) A license issued to a partnership is not voided by withdrawal of one or more partners so long as or of the original partners remains. (2) All changes in the membership of the partnership and all changes in the identity of the principal officers of the corporation shall be reported to the Building Official within ten (10) days after they occur. SECTION 16A -6: Investigation by Building Official. Within ten (10) days after receipt of an application as provided herein, the Building Official shall cause an investigation to be made of the application for the proposed theater operation. SECTION 16A -7: Standards for Issuance., The Building Official shall issue a license hereunder when he finds that the requirements of this Ordinance and of all other governing laws and Ordinances have been met. SECTION 16A -8: Compliane with deed restrictions. No license shall be granted under the terms of this Ord- inance for the location of any theater where it is prohibited by deed restrictions as recorded in the office of the County Clerk of Walker County, Texas. (1) The applicant must file a statement that the said location of the premises in which he is applying for a theater license is not pro- hibited by deed restrictions. (2) It shall be the duty of the applicant to search the records of the County Clerk's Office to insure that this type of business is not pro- hibited by any deed restriction. ARTICLE III - OPERATION REQUIREMENTS SECTION 16A -9: Duties of Licensee. It shall be unlawful for any licensee to operate a theater in the City without complying with the following require- ments and standards of operation: (a) Conduct and Operation. (1) Quiet and Good Order. The licensee shall maintain quiet and good order upon the premises where any theater is operated and shall not permit loitering of persons in or about the entrances to or exits from such theater. (2) Unlawful to Exhibit Nude or Semi -Nude Pictures on Theater Screens within View of Public Street or Highway. It shall be unlawful for any licensee, ticket cal 1 er, ti eket tar. user, motion picture operator and any other person connected with or employed by any licensee to show or exhibit at a theater in the City or to aid or assist in such exhibition any motion picture, slide, or other exhibit which is visible -from any public street or highway in which the bare buttocks or the bare female breats of the human body are shown or in which striptease, bur- lesque or nudist -type scenes constitute the main or primary material of such movie, slide or exhibit. (b) Standards for Maintenance of Premises. (1) Access. The licensee shall provide access available to public streets or other public streets or other public ways from at least two points -at all times. Such means of access shall be kept clear by the licensee at all times to facilitate departure of persons from the premises upon which the theater is operated and to permit entrance of fire apparatus or other emergency equipment in case of emergency. Drives shall be channel- ized by the licensee of a drive -in and limited to not more than four (4) lanes to control traffic. (2) Lighting. Exits and aisles and passageways leading to them shall be kept adequately lighted by the licensee at all times when open to the public. The licensee shall provide artificial light whenever natural light is inadequate. (3) Electrical Installations. Except as otherwise provided by law, or City Ordinance, the licensee shall provide elec- trical installations conforming to the re- quirements of the Electrical code of the City. The electrical system shall be installed, maintained and operated in a safe and workman - like manner. The electrical system and equip- ment shall be isolated from the public by proper elevation or guarding, and all elec- trical fuses and switches shall be enclosed in approved enclosures. Cables on the ground in areas traversed by the public shall be placed in trenches or protected by approved covers. The electrical installations shall be in- spected and approved by the City Electrical Inspector before the theater is opened to the public and shall thereafter be open to in- spection by the Electrical Inspector at all reasonable hours. (4) Fire Extinguishing Equipment. Fire extinguishing equipment shall be fur- nished by the licensee in such amount and in such locations as may be directed by the City Fire Marshal. Fire extinguishing equipment shall be inspected and approved by the City Fire Marshal before the theater is opened to the public and shall thereafter be open to in- spection by the City Fire Marshal at all reason able hours. (5) Sanitary Facilities. Adequate and proper sanitary facilities, approved by the Department of Health shall be provided by the licensee. (6) Attendants. At all times when a theater is open to the public, the licensee shall provide an adequate number of qualified attendants on duty at all times, who shall patrol the aisles, exits, entrances and parking spaces to see-that order is maintained, that dis- orderly or immoral conduct is prevented, that the entrances and exits are kept free from congestion, and that this Ordinance and all other governing Ordinances, rules - and regulations pertaining to theaters are observed. (7) Fence or Wall. Should the licensee of any drive -in theater desire to provide a wall or fence of ade- quate height to screen the patrons and cars attendance at a drive -in theater from the view of surrounding property, such fence shall be of design and structure complying with the Building Code of the City of Hunts- ville. (8) Noise. In drive -in theaters, individual loud speakers for each car shall be provided and no central loud speaker shall be permitted by the licensee. (9) Commercial Activities. Any sale of soft drinks, confections or other articles of merchandise on the premises where any theater is operated shall be gov- erned by the laws and ordinances governing such business and shall require the same license as if such sales were conducted else- where. (10) Inspection. Officers of the Police Department are hereby authorized and empowered to enter the premises of any theater within the City, at any time, for the purpose of inspection and for the preservation of law and order, and to determin whether or not the provisions of this Or- dinance are being complied with. ARTICLE III - REVOCATION AND APPEAL SECTION 16A -10: Revocation of License. Upon violation of any of the terms hereof by any licensee or the failure or refusal of any licensee to comply with the provisions hereof, the City Council of the City may, after public hearing, revoke or suspend the license herein provided for under the procedure hereinafter set out: (a) The Chief of Police or Building Official shall report all violations of this ordinance or the failure or refusal of any licensee to comply with any of the provisions hereof to the City Council. (b) Upon receipt of such report, the City Council may determine a time and place for the holding of a public hearing to determine whether or not any license issued hereunder shall be revoked or suspended for any period of time. Written notice of the time and place of such hearing shall be given to the licensee subject thereto not less than ten (10) days prior to the time of such hearing. (d) The licensee charged with violation of this or- dinance shall be given an opportunity to appear in person and be represented by counsel at the hearing herein provided for, and shall have the right to examine or cross - examine all witnesses at such hearing. The City Council shall have the power to require by subpoena the attendance of persons or the pro- duction of evidence at such public hearing. At said public hearing, the City Council shall hear all evidence relative to the alleged violation of this ordinance and shall make fact findings relative to such violations. (c) (g) If the City Council of the City shall find that a violation of this ordinance has occurred, it may order the license of the licensee violating any term or provision hereof suspended or revoked for a definite period of time. (h) Any licensee whose license shall be revoked hereunder may appeal from the order of the City Council suspending or revoking such license by appropriate proceedings in the proper court of law; provided, however, that the proceedings by which it is sought to set aside any order of the City Council made hereunder shall be commenced within fifteen (15) days of the date of the order sought to be rescinded or reversed. ARTICLE IV - PENALTY SECTION 16A -11. Penalty. Any person, persons, operator, owner, owners, partners, licensee, or agents of a corporation, or whoever is in charge or control of said theater, who shall violate or allow or cause any person or persons to violate any pro- vision of this ordinance shall be deemed guilty of a mis- demeanor, and shall upon conviction thereof, be fined not less than Fifty and no /100 ($50.00) Dollars nor more than Two Hundred and no /100 ($200.00) Dollars for such offense; and the license or licenses shall be subject to revocation or suspension for a violation of any provision of this ordinance, or the Huntsville Code of Ordinances, or any violation of the Laws of Texas. Any remedy prescribed by this ordinance shall be merely cumulative and shall not preclude resort to any other remedy provided by law. Each day's violation shall constitute a separate offense. ARTICLE V - CLAUSES SECTION 16A -12: Severability. The City Council of the City of Huntsville, Texas, does hereby declare that if any section, subsection, paragraph, sentence, clause, phrase, word or portion of this ordinance is declared invalid, or unconstitutional, by a court of comp- etent jurisdiction, that, in such event it would have passed and ordained any or all remaining portions of this ordinance without the inclusion of that portion or portions which may be so found to be unconstitutional or invalid, and declares that its intent is to make no portion of this ordinance dependent upon the validity of any other portion thereof, and that all said remaining portions shall continue in full force and effect. SECTION 16A -13: Repealing Clause. All ordinances in force when the ordinance becomes effective and which ordinances are inconsistent herewith or in con- flict with this ordinance are hereby repealed, insofar as said ordinances are inconsistent or in conflict with this ordinance. SECTION 16A -14: Savings Clause. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. PASSED AND APPROVED by unanimous vote this 9th day of March, A. D., 1971. hAL W. BEN BLALOCK, JR., Nyor WELDON COLEMAN, City Secretary VED: MARTIN D. COLLEY, City ttorney