§ 865-11. Restrictions on Issuance of License  


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  • The city manager or person designated by the city manager shall not give consent to the issuance of any license to operate any theatre, concert hall, or any place of amusement, entertainment or exhibition, to any person, firm or corporation if such person or any officer of such firm or corporation has been convicted within the preceding 10 years of a felony or within the preceding 5 years of a misdemeanor involving moral turpitude.

    No license to operate a theatre, concert hall, or any place of amusement, entertainment or exhibition shall be issued without the written approval of the division of building construction inspection and the fire division indicating the building is constructed and maintained in strict accordance with all laws, ordinances and regulations governing the erection, maintenance and conduct of buildings used for such purpose. No application for renewal of an existing license shall be approved if prior to the expiration of the existing license the division of building construction inspection or the fire division notifies the city treasurer in writing that the building is not constructed or maintained in strict accordance with all laws, ordinances and regulations governing the erection, maintenance and conduct of buildings used for such purpose.

    If the building in which it is proposed to maintain such theatre, concert hall, place of amusement, entertainment or exhibition is within 300 feet of any church, school or public library, and the city manager or designee shall, upon investigation, find the establishment of such theatre, concert hall, place of amusement, entertainment or exhibition at such a place would be injurious or harmful to the morals of the children or the people attending such church, school or library, then and in that event the city manager or designee may refuse consent to the issuance of such license.

    If it is proposed to locate such theatre, concert hall, place of amusement, entertainment or exhibition in a residential district of the city, and a majority of the owners or occupants of structures or property located within 300 feet of such proposed building protest in writing against the issuance of such license previous to the time at which such consent of the city manager or designee is given, then and in that event the city manager or designee, if finding upon investigation that it would be for the best interests of such neighborhood, shall refuse consent to the issuance of such license.

    When the city manager or designee gives consent to the issuance of such license, and the license is issued in pursuance thereof, it shall be upon the express condition that the city manager or other designated officers of the city shall at all times have access to such theatre, concert hall, place of amusement, entertainment or exhibition, and that if at any time, in the opinion of the city manager or designee, the performance, entertainment or exhibition given in such place is immoral, indecent or injurious to the public welfare or morals, then the city manager or designee shall have power to revoke the license without refunder.

(C.O. 712-9; renumbered to C.M.C. 865-11, eff. Jan. 1, 1972; a. Ord. No. 92-1977, eff. Mar. 23, 1977; a. Ord. No. 237-1979, eff. June 6, 1979)