§ 130.37 EXEMPTIONS.

(A) The provisions of §§ 130.35, 130.36, 130.38 through 130.40 of this subchapter shall not apply to a theater, concert hall or similar establishment which is primarily devoted to theatrical performances; nor to any act authorized or prohibited by any state statute.

(B) As used in division (A) of this section and in Cal. Penal Code §§ 318.5 and 318.6, the phrase THEATER, CONCERT HALL OR OTHER SIMILAR ESTABLISHMENT WHICH IS PRIMARILY DEVOTED TO THEATRICAL PERFORMANCES means a building, playhouse, room, hall or other place having permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, upon which theatrical or vaudeville performances or similar forms of artistic expression are presented, and where the performances are not incidental to the promoting of the sale of food, drink or other merchandise, and for which a city license for a theater is in full force and effect. This definition does not supersede the provisions of § 130.35 of this subchapter.

(1994 Code, § 9.04.050) (Ord. 79-104, passed - -1979)

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