(A) On and after January 1, 1979, no person shall continue to operate or thereafter begin to operate any cinema at any permanent or temporary place within the city without a license therefor, as hereinafter provided.
(B) Every person desiring to continue to operate or hereafter to begin to operate any such cinema at any permanent or temporary place within this city shall file an application for a permanent or temporary license or licenses, as the case may be, with the Clerk-Treasurer. Every application for such license or licenses shall be made on a form prescribed, prepared, and furnished by the Clerk-Treasurer, and shall set forth the name under which the applicant operates or intends to operate a cinema, whether the applicant conducts or intends to conduct a permanent or temporary cinema, the location of the permanent or temporary cinema, and such other information as the Clerk-Treasurer may require. If the applicant has or intends to have more than one cinema within the city, the application shall state the location of each cinema and the number of the cinema, and in the case of a temporary cinema, the date and length of time such cinema is to be conducted at each place. In the case of an application for a license for a temporary cinema, the application shall state the name and address of the owner, lessee, or custodian of the premises on which such cinema is to be conducted, and any other information prescribed by the Clerk-Treasurer for the purposes of identification.
(C) The application shall be signed and verified by oath or affirmation by the person conducting the cinema if a natural person, or in the case of an association, by a member or partner thereof, or in the case of a corporation, by an executive officer thereof or some person specifically authorized by the corporation to sign the application, to which shall be attached the written evidence of his authority. At the time of making such application, the applicant shall pay to the Clerk-Treasurer a fee of $5 for each license. A license is required for each separate cinema.
(D) On approval of the application and payment of any license fee or fees therein required, the Clerk-Treasurer shall grant and issue to each applicant (unless withheld for cause) a permanent or temporary cinema license for each cinema within this city set forth in his application.
(E) A cinema license shall be valid only for the person in whose name it is issued and for the operation of a cinema at the place designated therein, and shall not be assignable. It shall be conspicuously displayed at the place for which issued during the period of ticket sale and operation of the cinema. All licenses for permanent cinemas shall be for a period of 12 months following the date on which they are issued, unless sooner surrendered by the licensee or suspended or revoked for cause by the Clerk-Treasurer. Licenses for temporary cinemas shall expire at the time specified therein.
(F) Licenses issued for permanent cinemas under the provisions of this chapter may be renewed annually on application made to the Clerk-Treasurer and the payment of a renewal fee of $5.
(G) The Clerk-Treasurer may suspend or after hearing revoke a cinema license whenever he finds that the holder thereof has failed to comply with any of the provisions of this chapter. On suspending or revoking any cinema license, the Clerk-Treasurer shall require the holder thereof to surrender to him immediately all licenses or duplicates thereof issued to such holder, and the holder shall surrender promptly all such licenses to the Clerk-Treasurer as required. Whenever the Clerk-Treasurer suspends a cinema license, he shall notify the holder immediately and afford him a hearing, if no hearing has already been afforded and one is desired. After such hearing the Clerk-Treasurer shall either rescind his order of suspension or, on good cause appearing therefor, continue the suspension or revoke the license.
(H) No owner, lessee, or custodian of the premises on which a cinema is to be operated shall lease or permit the same to be used by any person who is not the owner of a license duly issued by the Clerk- Treasurer hereunder. Any such owner, lessee, or custodian who leases to or permits such premises to be used for such purpose by, a person who is not the owner of a license duly issued hereunder shall be liable for the amount of taxes levied under the provisions of this chapter in connection with any cinema so conducted on such premises, and such taxes shall be a lien on such premises.
(I) When an exemption from the payment of the cinema admission tax is granted by the Clerk- Treasurer for a given organization in accordance with the provision of § 97.03, such exemption shall be considered as the equivalent of the license herein provided for.
(Ord. 67-1978, passed 11-15-78) Penalty, see § 97.99