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HomeMy WebLinkAboutNS-1174ORDINANCE NS-l174 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 12-6 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 12-6 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 12-6. Exemption of Theatrical Establishments. The provisions of Section 12-1 through and including Sec. 12-4 shall not apply to a theater, concert hall, or similar establishment which is primarily devoted to theatrical performances. As used in this article, and in Sections 318.5 and 318.6 of the Penal Code, the phrase "theater, concert hall, or other similar establishment which is primarily devoted to theatrical performances" shall mean 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 or simi- lar performances are given, and in which the serving of food and/or beverages is clearly incidental to such performances, and where the revenue derived from the sale of food and/or beverages is insubstantial when compared to all other sources of gross revenue. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sen- tence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or the penal provisions applicable to any viola- tion thereof, nor to affect the validity of any bond or case deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obli- gations thereunder appertaining shall continue in full force and effect. SECTION 4: The Clerk of the Council shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. SECTION 5: This Ordinance shall take effect thirty (30) days from and after the date of its adoption. ORDINANCE NS-1174 PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 2 day of July , 1973. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Ordinance was introduced to said Council at its regular meeting held on the 25 day of June , 1973 and was again considered by said Council at its meeting held on the 2 day of July , 1973, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: Griset, Evans, Yamamoto, Garthe, Markel Ward, Patterson ABSENT, COUNCILMEN: None CLERK OF THE cOLrNC~L 2