San Bernardino Municipal Code Ch. 5.80 Theaters - Motion Picture and Electrical Equipment

(A) Any theater that has been closed for a continuous period of 30 days, and any theater that has been erected or structurally altered or enlarged, shall not be opened to the public for a performance without first having an inspection by, and the written permission of, the City Development Services Department and the Fire Department.

(B) Upon application by the owner, agent or lessee, the Development Services Department shall cause an inspection to be made of all the public safety devices of the theater building, and if they are found to comply with the requirements hereof, shall cause such written permission to be issued forthwith. In the event the public safety devices, appurtenances, exits or stairways are not in a secure and safe condition, they must be put into such condition before any performance is given or before the building is opened to the public. The Development Services Department shall have the right to close any theater building when any owner, lessee or manager, or his or her agent, refuses to comply with the provisions hereof and such theater building shall remain closed until all such requirements applicable thereto shall have been complied with.

(Ord. 2900, passed 4-23-1968; Ord. MC-1027, passed 9-9-1998)

Smoking shall not be permitted in the auditorium or balcony of any theater nor in any place where motion pictures are exhibited, except in toilets, lounges, dressing rooms or offices.

(Ord. 2900, passed 4-23-1968)

In addition to the fire extinguishing equipment required in all Group A, B and C occupancies, as defined by the Building Codes of this city, there shall be installed not less than two Class A fire extinguishers, as defined in the State Fire Marshal’s Code, on each floor, including the basement. Adjacent to main switchboards there shall be maintained not less than two Class C fire extinguishers, as defined in the State Fire Marshal’s Code. In addition thereto, there shall be installed such number of fire axes and fire hooks as the Bureau of Fire Prevention may order.

(Ord. 2900, passed 4-23-1968)

Cross-reference:

Building Codes, see Title 15, Chapters 15.04 and 15.05

[Reserved]

(Repealed by Ord. MC-46, passed 4-27-1981)

All permits issued under the provisions of this chapter shall expire on January 1 of each year. A renewal permit may be issued upon application to the chief electrical inspector and the payment of a renewal fee of $5. Any application for renewal must be made on or before January 15 of each year. In the event of failure to so apply for the renewal of a permit on or before January 15, a person whose permit has expired must qualify as a new applicant and take the examination therefor. No renewal permit shall be issued unless the applicant submits satisfactory evidence to the chief electrical inspector that he or she has worked as a motion picture machine operator for not less than 30 days during the previous calendar year.

(Ord. 2900, passed 4-23-1968)

All electrical apparatus in a theater or motion picture house shall be in charge of a registered journeyperson stage and theater electrician or motion picture operator. Theaters using the stage for other purposes than motion pictures shall have a registered stage and theater electrician in attendance at all times when the theater is open.

(Ord. 2900, passed 4-23-1968)

The permit fees and procedures for motion picture operators as set forth in §§ 5.80.040 and 5.80.050 shall apply also to stage and theater electricians.

(Ord. 2900, passed 4-23-1968)

The chief electrical inspector may, in accordance with such rules and regulations as he or she may deem reasonably necessary, issue a permit to an individual to act as an apprentice motion picture operator or apprentice stage and theater electrician. A person desiring such a permit shall furnish to the chief electrical inspector a written request therefor signed by the manager or owner at the place where he or she intends to act as such an apprentice operator or electrician before such permit may be granted. The applicant shall also pay to the Development Services Department the sum of $5. A renewal permit, as in § 5.80.050, may be issued with the payment of a renewal fee of $2.50. Such permit entitles the permittee to operate only under supervision, at all times, of a regularly licensed operator or electrician.

(Ord. 2900, passed 4-23-1968; Ord. MC-1027, passed 9-9-1998)

Any motion picture operator, stage and theater electrician or apprentice found guilty, by a court of competent jurisdiction, of violating any of the provisions of this chapter, or of any other law or ordinance regulating motion picture machines, shall have his or her permit revoked by the chief electrical inspector, and shall not be allowed for a period of one year thereafter, to operate a motion picture machine or theater electrical equipment within the city.

(Ord. 2900, passed 4-23-1968)

(A) The provisions of this chapter relating to permits for motion picture machine operators shall not apply to churches, schools, colleges or institutions where the projection of films is used for educational purposes, nor shall the provisions of this chapter relating to such permits apply to the projection of motion pictures in private dwellings.

(B) The chief electrical inspector may, and is authorized to, establish such rules and regulations as may best protect life and property in connection with the operation of motion picture machines, in such occupancies, but which shall not exceed requirements otherwise contained in this chapter.

(Ord. 2900, passed 4-23-1968)

All rewinding of film shall be done in an enclosed cabinet of a type approved by the Fire Prevention Division. All film, records and other combustible material used in connection with the projection of pictures shall be kept in metal lockers or cabinets, except when in actual use.

(Ord. 2900, passed 4-23-1968)

No person shall smoke or maintain any open flame or other source of ignition within any motion picture machine booth. A sign bearing the words “No Smoking Permitted” shall be displayed in a conspicuous location within such motion picture machine booth.

(Ord. 2900, passed 4-23-1968)

The chief electrical inspector may require that all automatically operated safety devices be operated not less than once every 30 days to determine that they are in proper working condition.

(Ord. 2900, passed 4-23-1968)

(A) No unauthorized person shall be allowed inside any motion picture machine booth when the same is being used for the projection of motion pictures.

(B) The requirements for projection rooms shall be those requirements which are enumerated in the latest edition of the International Building Code, as adopted and amended by the city.

(Ord. 2900, passed 4-23-1968; Ord. 3070, passed 5-12-1970)

It is unlawful to admit or allow the admission of the public to a theater after receiving notice or knowledge of the existence of any hazardous condition within the theater which is injurious to the public health, safety or welfare. Such hazardous conditions may include, but are not limited to, loose or improperly attached fixtures; unsanitary conditions; damaged or defective seats; defects in or damage to the floor, floor covering or carpeting; obstructions in aisles; and insufficient illumination or inoperative light bulbs.

(Ord. 2900, passed 4-23-1968; Ord. 3070, passed 5-12-1970)

It is unlawful for any person, firm or corporation, either as owner, manager, agent or otherwise, to procure, employ or permit, or cause to be procured, employed or permitted, any person not duly registered, as provided in this chapter, to operate or assist in the operation of any motion picture projector or equipment of which such owner, firm or corporation has charge or control.

(Ord. 2900, passed 4-23-1968)

It is unlawful for any one to operate, or cause to be operated, a motion picture projector with defective or damaged film which is likely to jeopardize public safety. It shall be the duty of the projectionist to give the owner or manager a written notice upon finding any film unsafe for use in the city and a duplicate of said notice shall be sent to the office of the chief electrical inspector and the Fire Prevention Division.

(Ord. 2900, passed 4-23-1968)

It is unlawful to allow an open flame to be used upon any stage of any theater during any performance without first obtaining a permit in writing from the chief engineer of the Fire Department. When gas heaters are used for heating purposes in the auditorium, these must be of the forced air type. It is unlawful for any person, firm or corporation to allow any foliage, straw, hay or other combustible material upon any stage in any theater, until the same is made fireproof by an application of fireproofing solution, and then only after inspection has been made by the chief engineer of the Fire Department, or his or her duly authorized representatives; and it is unlawful for any person, firm or corporation to allow any automobile, motorcycle or any other gasoline driven vehicle upon any stage of any theater unless all gasoline is first removed from the tank thereof.

(Ord. 2900, passed 4-23-1968)

It is unlawful for any person, firm or corporation owning, managing, conducting or in control of any theater or motion picture theater to allow, suffer or permit any violation of the provisions of this chapter and any of the provisions of the Fire Code, as promulgated by the National Fire Protection Association, which has been or may hereafter be established by the city and adopted as rules and regulations governing conditions hazardous to life and property from fire.

(Ord. 2900, passed 4-23-1968)

In addition to the requirements set forth in this chapter, each owner or operator of a theater or motion picture house is subject to the Cal. Labor Code, Division 2, Part 9, Chapter 1, Article 1 (§§ 2260 et seq.) and any other applicable law or ordinance.

(Ord. 2900, passed 4-23-1968)

(A) The manager or any person in control or charge of a theater shall determine whether each motion picture is recommended for adult viewing only before such motion picture is shown or exhibited publicly, and knowingly shall not sell or permit the sale of any admission ticket to view such motion picture recommended for adult viewing only to, or permit the viewing thereof by, any unmarried minor person under the age of 18 years unless such minor person is accompanied by his or her parent or guardian or presents written consent or permission therefor from and signed by such parent or guardian.

(B) Any advertisement or publication printed or distributed in the city concerning a motion picture which has been recommended for adult viewing only by the manager or any person in control or charge of a theater where such motion picture is exhibited or will be exhibited publicly shall contain the phrase “Recommended For Adults Only” in letters as large and high as the majority of letters in such advertisement or publication.

(Ord. 2900, passed 4-23-1968)

(A) The owner or manager of each theater where motion pictures or any picture projected from slides or films are publicly exhibited shall apply for a theater permit from the Chief of Police of the city within 30 days from the adoption of this section. The Chief shall issue the permit if he or she finds that the applicant has complied with each law or ordinance relating to theaters and the exhibition of motion pictures or any picture projected from films or slides.

(B) The Chief shall suspend any theater permit issued by him or her if he or she finds that the permittee or such permittee’s agent or employee has been or is knowingly violating any provision of this chapter or other applicable ordinance or law. The determination of the Chief with regard to matters of suspension shall be appealable to the Mayor and City Council in the same manner as set forth in Chapter 2.64.

(C) The Chief, in the case of such suspension, shall either personally serve or serve by the United States mail, postage prepaid, addressed to the permittee, a written order of suspension stating the reasons for such suspension. The order shall be effective 24 hours after the same is either personally served, or 48 hours after the same has been deposited in the course of the United States mail.

(D) An order of suspension from which an appeal is taken as provided in this section shall be of no force or effect until such appeal is fully determined.

(Ord. 2900, passed 4-23-1968; Ord. MC-410, passed 9-18-1984)

[Reserved]

(Repealed by Ord. MC-460, passed 5-15-1985)