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HomeMy WebLinkAbout72-089RESOLUTION 72-89 RESOLUTION OF THE CITY COUNCIL OF SANTA ANA SUSTAINING THE DENIAL OF ISSUANCE OF PERMITS TO PLEASURE INDUSTRIES, INC. FOR OPERATION OF A THEATER AND A PEEP SHOW ESTABLISHMENT AND UPHOLDING THE DECISION OF THE HEARING OFFICER DENYING SAID PERMITS WHEREAS, ON April 28, 1972, Pleasure Industries, Inc. filed an application for a permit to operate a peep show establishment, and on the same date filed an application for a permit to operate a theater, and WHEREAS, a hearing was conducted on June 1, 1972, before the ~earing officer appointed by the City Manager and said ~earing Officer denied both permits, and WHEREAS, at the applicant's request a public hearing was held before the City Council on July 17, 1972, at which time the Council reviewed the evidence received by the Hearing Officer both in support and in opposition to the application, and WHEREAS, the City Council sustained the Hearing Officer's findings and entered its minute order denying the appeal, and WHEREAS, the City Council now ratifies and adopts the minute action of July 17, 1972, and makes the following Resolution in formal, final determination of the issues heretofore presented, NOW, THEREFORE, BE IT RESOLVED: That the appeal is denied and the decision of the Hearing Officer denying the permits is sustained. BE IT FURTHER RESOLVED: That the City Council makes the following findings in support of said denial: 1. The application in question seeking a peep show permit is fatally defective in that it failed to furnish the information requested by the form furnished to the applicant by the City Finance Department which information was required pursuant to Section 12-27 of the Santa Ana Municipal Code; specifically the applicant failed to answer certain material questions posed on said application form number 41(a) (6/71). 2. The application filed by the applicant herein for a theater permit was fatally defective in that it failed to furnish the information required by Section 12-103(c) of the Santa Ana Municipal Code; specifically the question which asks the applicant whether the operator or any other person listed on the application has ever been convicted of a crime other than a misdemeanor traffic violation. 3. That the establishment had been operated for many months prior to the application without the required permit demonstrating a contemptuous disregard for the City's Ordinances. In June of 1971, the applicant was doing business as the "Pleasure House Adult Book Store." The applicant was informed by the Santa Aha Police Department that permits were required for the kind of business they were conducting and the police personally delivered application forms to the applicants. Thereafter the applicant refused continuously until April 28, 1972, to file said applications. Even though in the period measured from August 1971, until April 1972, they had been issued 23 citations by the Santa Ana Police Department for failure to have the required permits in their possession. Furthermore there have been numerous arrests made for violations occuring on the premises for violation of Penal Code Section 311.2, Sale and Display of Obscene Material. Altogether between June 1971, and January 1972, 18 arrests were made under the foregoing Penal Code Section. Some of these charges are still awaiting trial but several convictions have already been obtained. This establishment has become a substantial law enforcement problem for the City. Since June 1970, there have been 53 police visitations to the premises 43 of which resulted in arrests and 10 of which were in response to calls for service. The number and frequency of such arrests and citations tend to show a pattern of flagrant disregard of the law and has created a substantial law enforcement problem. The report of Investigator Dixon, of the Santa Ana Police Department, received in evidence revealed the extent of the problem created by the premises in question. At thirteen establishments in the city during the calendar year 1971, 93 cases were generated from 157 arrests by the vice division. Of these, 32 cases arose from 58 arrests at the premises in question. As an indication that the applicant continues to engage in and foster obscene activities, a search warrant was issued on May 30, 1972, by Judge Teale of the Municipal Court of the Orange County Central Judicial District authorizing the seizure of an obscene film. The Council finds that the operation of the premises in question by the applicant has not been in compliance with all applicable laws and that their history of willful violation of the applicable laws leads them to conclude that the operation of these premises in the future will be likely to be not in com- pliance with the applicable laws regulating the conduct and operation of such establishment. 4. The Council further finds that the applicant has made false, misleading, and fraudulent statements of material facts in his application for a permit in failing to answer the questions on the said application as hereinbefore amended, and specifically in failing to disclose whether the operator or any person listed on said application had ever been convicted of any crime other than a misdemeanor traffic violation. 5. The Council finds that the application for a theater permit should be denied because the applicant has allowed or permitted prior to this application, acts of sexual misconduct to be cor~aitted within the premises. There is a clear and present and iminent danger that said acts as set forth below, will continue in the future and maintain the serious and substantial evil in the community. The president of the applicant, N. Robert Blake, was convicted on January 11, 1972, in two cases of five counts each of exhibiting, possessing, and selling obscene matter and films on the premises (Penal Code Sections 311.2 and 311.5). Some 60 similar counts are still awaiting trial in the courts against the applicant. In addition, numerous employees have been charged and convicted of similar violations occuring at the premises. One employee, Roger Lee Tyson, was convicted on two counts of Penal Code Section 311.2 (obscene films) and one count of Penal Code Section 311.5 (sale of obscene films) on December 14, 1971. Another employee, George Sylvester Blair, was convicted on the same date for a violation of the Penal Code Section 311.2 (possession of obscene material) and Penal Code Section 311.5 (sale of obscene material). 6. The Council further finds that the application should be denied because the applicant, its employees, officers, and agents have been convicted in courts of competent jurisdiction by final judgments of offenses involving the presentation, exhibition, or performance of obscene productions, motion pictures, or plays. As the cases above illustrate, the president of the applicant, N. Robert Blake and two employees have been convicted under sections 311.2 and 311.5 of the Penal Code. The crimes for which these persons have been convicted are directly related to the business of the applicant which is the sale, production, and exhibition of obscene matter. The pattern of past conduct is sufficiently clear to indicate that there is a substantial, clear, present, imminent danger that applicant will continue to violate said sections. Further there is no redeming social importance to the activities of the applicant. The Council further finds that, because of said past conduct, denial of said application is necessary to preserve, promote, and protect the health, safety, morals, and general welfare of the community. Therefore, the City Council sustains the denial of the issuance of the permits and upholds the decision of the Hearing Officer denying said permits. PASSED AND ADOPTED by the City Council of the Santa Ana at its regular meeting held on the 21st August , 1972. City of day of ATTEST: MAYOR CLERK OF THE CO~3NCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) ss I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the fore- going Resolution was introduced to said Council at its regu- lar meeting held on the 21st day of August , 1972, and was at said meeting passed and adopted by the following vote, to wit; AYES~ COUNCILMEN: Markel, Yamamoto~ Evans, Griset NOES, COUNCILMEN: Villa, Patterson ABSENT, COUNCILMEN: Herrin APPROVED AS T~ · WITHERS, CITY