Big Bear Lake Municipal Code Ch. 5.92 Theaters

Any place, building, enclosure or structure partially or entirely, temporarily or permanently used for dramatic or operatic presentations, motion pictures, or any picture projected from slides or films, vaudeville shows, performances, or any place of public entertainment is determined to be a "theater" within the meaning of this chapter.

(Ord. 82-72 § 1(part), 1982)

It is unlawful for any person, firm, partnership, association or corporation to erect, maintain or operate any theater as defined in Section 5.92.010 without first having applied for and received a license from the city council authorizing the same.

(Ord. 82-72 § 1(part), 1982)

A. Application for Licenses, Contents and Investigation. Application for licenses under this chapter shall be made in writing and filed with the clerk of the city council. Each application shall be accompanied by a license fee as specified in County Code Section 16.025(a)(7). The fee shall be credited as the first annual license fee. The application shall contain the name of the applicant, the person's interest in the business, his business address, and his residence address, if different from his business address. The application shall be immediately referred to the planning, building and safety, environmental health services departments, the local fire authority, and to the sheriff for investigation concerning the applicant's business and character of the applicant. The planning, building and safety, and environmental health services departments, the local fire authority and the sheriff shall make reports of their findings together with a recommendation as to whether or not the applicant shall be granted a license to the city council within ten days after the application was referred to them.

B. Issuance of Licenses. The city council shall, upon receiving an application and reports of all the departments, the fire authority and the sheriff, either approve or disapprove the issuance of such license. Grounds for disapproval are the same as those for suspension or revocation set forth in Section 5.92.060. Licenses shall be issued for a period of one year.

C. License Not Transferable. Each license issued hereunder shall be issued to a specific person and shall in no event be transferable from one person to another.

D. Renewals. Upon expiration of any license issued, pursuant to this chapter, the holder thereof shall, upon the payment of the required license fee, be entitled to a new license for the ensuing year without making a new application therefore provided the required license fee is paid before the expiration of the license.

E. Display of License. Every license issued hereunder shall be displayed in a conspicuous place in the licensee's business premises.

(Ord. 82-72 § 1(part), 1982)

If any person holding a license under this chapter is convicted in any court of the violation of any law regulating any activity at the licensee's business premises, the city council may suspend or revoke the license forthwith without any further action thereon other than giving notice of revocation or suspension to the licensee.

(Ord. 82-72 § 1(part), 1982)

A. The city council may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any licensee and may temporarily suspend for a period not exceeding one year or revoke the license of any licensee who commits any one or more of the acts or omissions constituting grounds for disciplinary action under this chapter.

B. If the suspension or revocation is appealed pursuant to Section 5.92.070, the suspension or revocation shall take effect in accordance with the provisions of Section 5.92.080.

(Ord. 82-72 § 1 (part), 1982)

It shall be a ground for denial, suspension, revocation or other disciplinary action of any applicant, licensee, his agent, or employee, or any person connected or associated with the applicant or licensee as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority, or on behalf of the licensee, has:

A. Knowingly made any false, misleading or fraudulent misstatement of a fact in an application for a license or in any statements made to departments, the local fire authority, or the sheriff investigating the application;

B. Violated any provision of this chapter or any statute relating to his permitted activity; or

C. Been convicted of a felony or any crime involving moral turpitude; or

D. Committed any unlawful, fraudulent or dangerous act while conducting the permitted business; or

E. Violated any rule or regulation adopted by the city council relating to the licensee's business; or

F. Conducted the permitted business in a manner contrary to the peace, health, safety or general welfare of the public; or

G. Failed to comply with zoning, building and safety regulations of the city, environmental health services department, or the local fire authority.

(Ord. 82-72 § 1 (part), 1982)

An applicant or licensee, may, within ten days of service upon him of a written notice of denial of license or suspension or revocation of his license under Sections 5.92.040 and 5.92.050, file a request for hearing to appeal the suspension, revocation or denial with the city council. The request for hearing shall be in writing and filed by or on behalf of the applicant or licensee. It need not be verified or follow any particular form. Failure to file such a request for hearing shall constitute a waiver of the applicant's or licensee's right to a hearing.

(Ord. 82-72 § 1(part), 1982)

A. Continuing Business. Upon appeal of a suspension or revocation, pursuant to Section 5.92.050, pending the final determination of such appeal, a licensee may continue to engage in the business for the period of his license or until the city council makes such final determination.

B. Renewal—Application. A licensee may file an application for a renewal of a license pursuant to Section 5.92.030D accompanied by the required fee during the pendency of a proceeding to suspend or revoke his license. Such filing shall continue such license in full force and effect until the entry of the final order of the council terminating the proceedings. Failure of the council to revoke, suspend, limit or condition the license shall have the effect of granting the renewal. The application for renewal shall become a part of the pending proceeding and be subject to all evidence which has been or has thereafter been presented. No further notice to the applicant is required and the council or hearing examiner is authorized to consider and make findings upon such application in accordance with this chapter.

(Ord. 82-72 § 1(part), 1982)

It is unlawful for any person or persons to sign a fictitious name or fictitious address in connection with the application for a license or in connection with operating the business.

(Ord. 82-72 § 1(part), 1982)

A. The construction, seating arrangement and use of a theater shall be in compliance with the Uniform Building Code, the Uniform Wiring Code, and the Uniform Mechanical and Plumbing Codes incorporated by reference into the county code.

B. The operation of any theater must be in compliance with the zoning provisions of Title 6 of the county code.

(Ord. 82-72 § 1(part), 1982)

All seats shall be firmly affixed to the floor. All upholstery or covering shall be of fireproof material. Each customer shall be provided a seat during any performance of show.

(Ord. 82-72 § 1(part), 1982)

It is unlawful for any person to sell, furnish, give away or permit anyone to consume any alcoholic beverage in any theater. It shall also be unlawful for any person to possess, consume or be under the influence of any alcoholic beverage while in any theater.

(Ord. 82-72 § 1(part), 1982)

Any provision of this chapter may be waived as to any civic, educational, charitable or benevolent presentation, place, show or entertainment.

(Ord. 82-72 § 1(part), 1982)

In any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter.

(Ord. 82-72 § 1(part), 1982)