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No individual, partnership or corporation shall be permitted to conduct the business of moving picture exhibitions, until he or she has applied for and procured from the Commissioner of Building a certificate that the premises wherein the exhibitions are to be given and the apparatus used in connection therewith are in compliance with the provisions of this chapter and such other sections of the Codified Ordinances relating thereto.
(Ord. No. 191-70. Passed 6-1-70, eff. 6-4-70)
The Commissioner of Building shall have authority and shall revoke the certificate issued to any person, firm or corporation for conducting or maintaining picture machine exhibitions when he or she is satisfied that such person has violated any of the provisions of this chapter or such other sections of the Codified Ordinances relating thereto. However, before revoking such certificate, opportunity shall be given such person to correct such violations.
(Ord. No. 191-70. Passed 6-1-70, eff. 6-4-70)
(a) No person, firm or corporation shall open, operate or maintain, or cause to be opened, operated or maintained, any drive-in theater without first obtaining a license to do so as hereinafter provided.
(b) For the purposes of this chapter, “drive-in theater” means any enclosed premises in which motion pictures are projected upon a screen which are viewed by patrons seated in automobiles parked within such enclosure and for which privilege an admission charge is made.
(Ord. No. 1242-49. Passed 6-27-49)
Application for a drive-in theater license shall be made to the Commissioner of Assessments and Licenses on forms to be prescribed by him or her, and shall set forth the name, residence and business address of the owner, the name and address of the applicant, if individuals, and if a firm or partnership, the name or names, residence and occupation of the manager and each member of the firm or partnership, and if a corporation, the names of its officers and manager, and such other information as the Commissioner of Assessments and Licenses may require. The Commissioner of Assessments and Licenses shall transmit such application for inspection and investigation to the Commissioner of Building, Commissioner of Health, Chief of Fire and Chief of Police. The Commissioner of Building, Commissioner of Health, Chief of Fire and Chief of Police each shall, after such inspection and investigation as they may deem necessary, make a report with their recommendations for approval or disapproval of such application. If such application is approved, the Commissioner of Assessments and Licenses shall issue a license on payment of the proper fee hereinafter provided. The application for license shall be rejected if the report submitted shows that any person named in that application is not of good moral character or that the drive-in theater sought to be licensed does not comply with the health and fire regulations applicable thereto.
(Ord. No. 1242-49. Passed 6-27-49)
Any person, firm, corporation or association to which a drive-in theater license is granted shall pay an annual fee therefor as follows:
Number of Cars
|
Fee
|
500 or less | $500.00 |
501 to 1,000 | $1,500.00 |
Over 1,000 | $2,500.00 |
All licenses granted under the provisions of this chapter shall expire on May 1. The license shall be displayed in a conspicuous place in the drive-in theater for which it is issued. No transfer of any license shall be permitted.
(Ord. No. 1242-49. Passed 6-27-49)
No drive-in theater shall be maintained or operated:
(a) In violation of any provision of the Zoning Code;
(b) So as to constitute a fire or traffic hazard;
(c) Unless adequate provision, in the judgment of the Commissioner of Health, is made for sanitary needs of patrons;
(d) Unless the parking and driving areas are hard surfaced or so treated as to minimize the creation of dust;
(e) Except in a clean and orderly manner;
(f) After 12:00 midnight;
(g) In or upon which immoral acts are permitted.
(Ord. No. 1242-49. Passed 6-27-49)
The Commissioner of Assessments and Licenses, upon recommendation of the Commissioner of Health, Chief of Fire and Chief of Police, or any of them, may at any time revoke or suspend licenses granted under the authority of this chapter for the failure to comply with the terms of this chapter or any of the other laws of the State or any ordinance of the City applicable to the operation of drive-in theaters.
(Ord. No. 1242-49. Passed 6-27-49)
In case of refusal to issue a license or of revocation or suspension of a license by the Commissioner of Assessments and Licenses, the applicant or licensee may appeal from such order to the Board of Zoning Appeals, established pursuant to Charter Section 76-6. Notice of appeal shall be in writing and shall be filed with the Board within ten (10) days after the making of such order. The Board shall fix a time of hearing for such approval not later than ten (10) days after the filing of such notice at which all parties interested shall be afforded an opportunity to be heard. Such Board shall approve, modify or annul such order from which such appeal has been perfected. The opinion of the Board shall be final on all parties thereto.
(Ord. No. 1242-49. Passed 6-27-49)