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Any person who, on premises owned by him, operates, attempts to operate, or permits the operation of any of the enterprises mentioned in section 4-8, without first having obtained the license hereby prescribed or after a license has been revoked or suspended, shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code. Each day a violation continues to exist shall constitute a separate offense. (Mont. Co. Code 1965, § 75-16; 1983 L.M.C., ch. 22, § 7.)
Division 1. Generally.
As used in this Article, the following words and phrases have the following meanings:
Commission. The Maryland-National Capital Park and Planning Commission.
Department. The Department of Health and Human Services.
Director. The Director of the Department of Health and Human Services or the Director's designee.
Drive-in theater. Any premises in which motion pictures are projected upon a screen which are viewed by patrons seated in automobiles or other outdoor stationary seats and for which an admission is charged, but not to be considered as an opera house.
Outdoor theater. Same as drive-in theater. (Mont. Co. Code 1965, § 75-18; 1972 L.M.C., ch. 16, § 5; 1980 L.M.C., ch. 22, § 1; 1995 L.M.C., ch. 13, § 1.)
Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."
The director is hereby charged with the responsibility for the administration and enforcement of the provisions of this article under the direction of the county executive. (Mont. Co. Code 1965, § 75-19; 1972 L.M.C., ch. 16, § 5; 1980 L.M.C., ch. 22, § 1.)
The director, the county fire marshal, the superintendent of police or any of their authorized representatives shall have the right of entry upon the premises of any outdoor theater grounds, buildings or houses, for the purposes of enforcing this article. (Mont. Co. Code 1965, § 75-20; 1972 L.M.C., ch. 16, §§ 5, 13.)
In addition to the requirements of the applicable laws of the county and the state pertaining to outdoor theaters, the following requirements shall also be met in order to promote the health, safety and welfare of the county, and prior to the issuance of a license by the council:
(a) Ticket gates. One (1) ticket gate shall be provided for each three-hundred-car capacity theater, two (2) gates for six-hundred-car capacity, three (3) gates for eight hundred (800) cars and four (4) gates for one thousand (1,000) cars. A ticket gate which serves two (2) lanes of traffic shall be considered as two (2) ticket gates.
(b) Entrances and exits.
(1) Exits to a street or road from an outdoor theater shall be so arranged that lines of incoming and outgoing travel do not cross.
(2) At no point in the exit travel of any car shall the width of driveway be less than necessary to accommodate two (2) cars abreast of each other, unless the public road is not able to accommodate this volume of traffic, in which event the exit lane shall be the width prescribed by the director.
(3) Except when backing from the parked position, it shall not be necessary for any car to travel in reverse to reach an exit.
(4) All exit and entrance drives shall be surfaced so as to be resistant to erosion as determined by the director.
(5) The path of exit travel from each row of cars shall be plainly marked by directional lights or signs which shall be clearly visible at night to the drivers.
(6) The view of the entrance shall not be obstructed.
(7) A theater marquee will be permitted at the entrance, but it shall not be higher than thirty-five (35) feet nor wider than eighty (80) feet.
(8) Entrances shall not be used for exits.
(9) All entrances and exit service drives shall be constructed soas to accommodate at least thirty (30) percent of the capacity of the theater. A minimum capacity of one hundred (100) cars or ten (10) percent of the theater capacity, whichever is greater, shall be provided for at the entrance drive, between the ticket gates and the public highway, to provide ample stack up space for patrons waiting to purchase tickets.
(c) Disposition of cars.
(1) There shall be a minimum separation of thirty-eight (38) feet between the line of speaker post in one (1) row or ramp and the line of speaker post in the adjacent row or ramps.
(2) The distance between the first row of cars or seats and the screen shall exceed the height of the screen structure by at least twenty (20) feet.
(d) Screen and screen structure.
(1) The screen shall be of incombustible materials. Its supporting structure shall be of incombustible materials or of heavy timber construction protected by an enclosure of incombustible materials.
(2) The screen and its supporting structure shall be designed to withstand a wind pressure of at least twenty-five (25) pounds per square foot.
(3) The picture screen shall be placed so that not more than twenty (20) percent of its area can be seen from the public highway within one-fifth of one (1) mile of the screen and shall be set back from the most traveled public highway a distance not less than one hundred fifty (150) percent of the screen tower height.
(e) Motion picture film and projection booth. The construction of the motion picture projection booth and the storage, use and handling of motion picture film shall be in accordance with the county fire prevention code and the county building code.
(f) Where permanent stationary seats are provided for patrons.
(1) Seats of any kind shall only be permitted in areas where cars may not be driven.
(2) Where permanent seats are provided for the use of patrons, the seats shall be installed in compliance with the county fire prevention code and the county building code.
(g) Fire extinguishers. Approved class B-1, C-1 extinguishers in case a parked car catches fire. Attendants shall be instructed in their use.
(h) Advertising on billboards. If the premises is enclosed, advertising on billboards enclosing the premises is prohibited. (Mont. Co. Code 1965, § 75-21.)
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