San Marino Municipal Code Art. 10 Motion Picture Theaters

The City Clerk shall, ex officio, be the secretary of the Police Committee of the City Council and, as such, shall perform such duties in connection with the receipt of the applications and the issuance of permits provided for by this Article as may be delegated to him by the Police Committee. (1954 Code §12.1)

It shall be unlawful for any person to engage in or conduct the business of operating a motion picture theater in the City unless and until a license to do so has been procured in conformity with the provisions of this Article. (1954 Code §12.2)

Upon a verified written application of any person, a permit to obtain a license to engage in or conduct the business of operating a motion picture theater in the City may be issued and granted by the Police Committee. Such written application shall be upon a form provided by the Police Committee, shall describe the location and seating capacity of the theater at which the applicant desires to engage in or conduct such motion picture business, shall contain the full name and address of the applicant, shall state the period of time applicant has resided in the City and the period of time the applicant has maintained and carried on any business in the City and shall contain such other information as the Police Committee may require. (1954 Code §12.3)

All applications for a permit to obtain a license to engage in or conduct the business of operating a motion picture theater in the City shall be filed with the secretary of the Police Committee and shall be accompanied by a fee of five dollars ($5.00). The secretary of the Police Committee shall issue a receipt for such fee and shall deposit such fee with the City Treasurer. (1954 Code §12.4)

Upon the receipt of any application for a permit to obtain a license as required by this Article, the Police Committee shall consider the character, reputation and moral fitness of the applicant, the location and seating capacity of the proposed theater and such other information as may be required by the Police Committee to be shown on the application. Upon determining that the applicant is of good, moral character and that the location is a suitable and permissible one for a motion picture theater under the zoning restrictions and regulations prevailing in the City, the Police Committee may grant and issue to the applicant a permit to obtain a license to engage in or conduct a motion picture theater business at the location designated in the application; provided, however, that no such permit shall be transferable or assignable without the written consent of the Police Committee, and no license issued in pursuance of such permit shall be transferable or assignable without the consent and approval of the City Council. (1954 Code §12.5)

Every person to whom or to which there has been issued and granted a permit by the Police Committee as provided by Section 11.10.05 of this Article shall procure from the City Clerk a license to engage in or conduct the business of operating a motion picture theater at the location designated in the permit and shall pay a monthly license fee of fifty cents ($0.50) per month for every seat in the theater in excess of one hundred (100) seats, which license fee shall be paid monthly, in advance, for each and every calendar month or portion thereof during which the permit thereof is in effect; provided, however, that the license fee shall not exceed three hundred dollars ($300.00) in any calendar year. Such license fee shall be payable to the City Clerk and shall be deposited by him with the City Treasurer. (1954 Code §12.6)

All permits provided for by this Article and the issuance and granting thereof by the Police Committee shall be subject to the following restrictions and regulations which shall be written into the permit and which the applicant shall accept and agree, in writing, on the face of the permit to observe and enforce:

A. Location of Theaters:

1. Near Residences: No permit shall be issued or granted to any person to engage in or conduct the business of operating a motion picture theater in the City where any portion of the motion picture theater is located within six hundred feet (600') of any residence.

2. Near Public Schools: No permit shall be issued or granted to any person to engage in or conduct the business of operating a motion picture theater in the City where such motion picture theater is located within one thousand two hundred (1,200) yards of any public school.

B. Parking Areas: No permit shall be issued or granted to any person to engage in or conduct the business of operating a motion picture theater in the City unless the person applying for such a permit controls and maintains for the duration of time during which such business is proposed to be engaged in or conducted, sufficient parking area adjacent to such theater, or not more than three hundred feet (300') therefrom, to accommodate an automobile of a wheel base of one hundred twelve inches (112") for every two (2) seats in the theater and unless no portion of such parking area shall be within two hundred feet (200') of any residence or within four hundred feet (400') of any school.

C. Standing and Seating: No person shall be permitted to stand in any aisle, corridor or foyer of a motion picture theater, and no person shall be admitted to the theater unless a seat is available for him/her.

D. Obstructing Sidewalks:

1. No signs or advertisements or advertising devices shall be kept, displayed or used on the sidewalks in the immediate vicinity of the theater.

2. The sidewalks in the vicinity of the theater must, at all times, be kept open and unobstructed, and no lines of persons shall be permitted to form on the sidewalks or the streets adjacent to the theater.

E. Sunday Movies: The business of operating the motion picture theater shall not be engaged in or conducted on Sundays; provided, however, that nothing herein shall be deemed or construed to prohibit the free showing of a motion picture in a theater on Sunday by any religious or philanthropic society.

F. Obscene, Immoral Movies Prohibited: No motion picture shall be shown or exhibited in a motion picture theater which is debasing or corrupting to or tends to debase or corrupt the morals or which is sacrilegious, obscene, indecent or immoral or of a character to offend the racial or religious sensibilities of any element of society or which is not moral, educational, amusing and harmless in character.

G. Spot Lights, Loudspeakers: No klieg lights, spot lights, captive balloons, external loudspeakers or loudspeakers that can be heard outside the theater shall be used in connection with the theater or its operations.

H. Bank Nights, Gifts: No bank nights shall be held or conducted in connection with the operation of the theater nor shall any distribution of merchandise, goods, money or gifts of any kind be conducted, in whole or in part, outside of the theater nor where any of the participants in any such distribution are outside of the theater.

I. Lotteries: No lottery or lottery device of any kind, character or description shall be permitted in or about the premises of the theater or in connection with its operation. (1954 Code §12.7)

Any permit issued and granted by the Police Committee under the terms of this Article may be suspended or revoked at any time thereafter by the Police Committee if the Police Committee becomes satisfied that the holder of such permit has conducted his business in a disorderly or improper manner or in violation of the restrictions and regulations contained in the permit therefor or in violation of this Article or any other ordinance of the City; provided, however, that no such permit shall be suspended or revoked unless, after notice thereof, a hearing before the Police Committee has been given to the holder of such permit. After such hearing, the Police Committee may suspend for any period of time designated by it or may revoke any such permit upon a finding and determination that the business conducted by the holder thereof has been conducted in an illegal, improper or disorderly manner or in violation of any of the restrictions and regulations, or any of them, contained in the permit or in this Article or any other ordinance of the City. (1954 Code §12.8)

Upon the suspension or revocation of the permit as provided by Section 11.10.08 of this Article, the license to engage in or conduct a motion picture theater shall, thereupon, automatically become suspended or revoked, as the case may be, and thereafter, the license shall not be reinstated, renewed, reissued or regranted until the Police Committee has lifted its suspension of the permit therefor or has reissued or regranted a permit therefor. (1954 Code §12.9)