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