Alhambra Municipal Code Ch. 5.42 Exhibiting Motion Pictures or Slides Where Alcoholic Beverages Are Sold

It shall be unlawful for any person to exhibit or permit or authorize to be exhibited any motion picture or photographic still slide upon a screen in any place in which alcoholic beverages are sold or offered for sale without first having obtained a permit therefor from the Director of Finance.

('86 Code, § 5.42.010) (Ord. 3432, passed - - ; Am. Ord. 3687, passed - - ) Penalty, see § 5.42.070

Each application for such a permit shall be made to the Director of Finance upon forms prescribed by him or her and shall contain the following information:

(A) The location for which the permit is requested;

(B) The name, form of legal organization and proposed business address of the applicant. If the applicant is a corporation, the application shall show the name and residence address of each of the officers, directors, stockholders and persons having any financial interest in the applicant. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners;

(C) Whether or not the applicant or any officer or director, or member of applicant, as the case may be, has ever been arrested or has ever been convicted in any court for any crime;

(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 or control;

(E) The hours of operation;

(F) Such information as to management, authority and control as the Chief of Police may require in order to enforce the provisions of this chapter relating to such place, including three sets of fingerprints of the applicants and any others that the Chief of Police may require;

(G) Such other information as either the Director of Finance or the Chief of Police may require;

(H) The address to which notice, when required, is to be sent or mailed.

('86 Code, § 5.42.020) (Ord. 3432, passed - - ; Am. Ord. 3687, passed - - )

Except as expressly waived in § 5.42.080 of this chapter, all applications for such a permit shall be accompanied by a nonrefundable fee in an amount established by City Council resolution to partially defray the expense to the city of conducting the investigation required by this chapter.

('86 Code, § 5.42.030) (Ord. 3432, passed - - ; Am. Ord. 3687, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord. 4588, passed 7-11-11)

(A) Duty to make. The Chief of Police shall make an investigation of each original application for such a permit.

(B) Cooperation. If, during the course of such investigation, the Chief of Police desires additional information to assist him or her in determining whether or not such a permit should be issued, he or she is authorized to require the applicant to furnish such additional information including, but not being limited to, additional information reasonably necessary to ascertain the identity and interest of the applicant and of persons other than the applicant who may be associated with him or her as principals or partners or who may be in partial or total control of the activity to be conducted under the permit, and also additional evidence as to the character, prior conduct and general fitness of the applicant and of persons other than the applicant who may be associated with him or her as principals or partners or who may be in partial or total control of the place in which such activity is to be conducted.

('86 Code, § 5.42.040) (Ord. 3432, passed - - ; Am. Ord. 3687, passed - - )

If, after his or her investigation, the Chief of Police finds that the conduct of the activity regulated by this chapter or the proposed location of such will not comport with the public welfare of that it will tend to create a nuisance or that the character or reputation of the applicant, its officers, managers or employees as to decency or maintenance of order is bad, the Director of Finance shall deny such application; otherwise, he or she shall grant such permit.

('86 Code, § 5.42.050) (Ord. 3432, passed - - ; Am. Ord. 3687, passed - - )

(A) The annual fee for such a permit shall be in an amount established by City Council resolution.

(B) If an applicant applies for and is issued such a permit during any year, the permit fee shall be due and payable immediately, and the amount of the fee shall be determined by prorating the annual permit fee on the basis of the number of quarters remaining in the year in which the application is filed.

(C) In determining the amount of such annual permit fee, the City Council hereby finds that the showing of motion pictures and/or photographic still slides in places where alcoholic beverages are sold will cause and require greatly increased police surveillance and supervision and will thereby result in greatly increased costs of surveillance and law enforcement to the city.

('86 Code, § 5.42.060) (Ord. 3432, passed - - ; Am. Ord. 3687, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord. 4588, passed 7-11-11)

Whenever any permit fee required by this chapter is not paid prior to the delinquency date specified in § 5.04.190 of this title, a penalty shall be due and is hereby imposed in the manner, as of the time and in the amount specified in § 5.04.192 of this title.

('86 Code, § 5.42.070)(Ord. 3432, passed - - ; Am. Ord. 3687, passed - - )

(A) Each permit and each renewal permit issued pursuant to this chapter shall expire on December 31 next following the date of its issuance.

(B) Each such permit may be renewed by making application for renewal and paying the permit fee within the time specified for the renewal of business licenses in Chapter 5.04 of this title.

(C) Each application for a renewal of such a permit shall be considered as a new application, except that no application fee as required in § 5.42.030 of this chapter shall be charged where there has been no revocation of such permit or change of ownership or in personnel of a corporation or partnership applicant, and each such application may be denied upon any ground which would have justified a denial of the original permit.

(D) Permits issued pursuant to this chapter shall not be assigned or transferred, nor shall they be used by any person other than the person to whom they were issued.

('86 Code, § 5.42.080) (Ord. 3432, passed - - ; Am. Ord. 3687, passed - - ) Penalty, see § 5.42.070

No permit shall be issued pursuant to the provisions of this chapter for any establishment or place of business offering or presenting entertainment for which a class 1 show license is required by the provisions of Chapter 5.40.

('86 Code, § 5.42.090) (Ord. 3432, passed - - ; Am. Ord. 3687, passed - - )

If any person to whom such a permit has been issued is thereafter convicted of a violation upon the premises for which such permit has been issued of any statute or ordinance prohibiting the showing or exhibiting of obscene motion pictures or still slides, issued pursuant to the provisions of this chapter, his or her permit shall be forthwith and summarily revoked, without the hearing otherwise provided for in § 5.82.040 of this title.

('86 Code, § 5.42.100) (Ord. 3432, passed - - ; Am. Ord. 3687, passed - - )

The provisions of this chapter shall not be deemed or construed to require the obtaining of a permit for the exhibition of any motion picture or photographic still slide in a room entirely separate from the barroom itself, and conducted by or for any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any person.

('86 Code, § 5.42.110) (Ord. 3432, passed - - ; Am. Ord. 3687, passed - - )

It shall be the duty of the Director of Finance to enforce each and all of the provisions of this chapter, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required by the Director of Finance or the City Council.

('86 Code, § 5.42.120) (Ord. 3432, passed - - ; Am. Ord. 3687, passed - - )