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HomeMy WebLinkAbout77-144KLG: fm 12/12/77 RESOLUTION NO. 77-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DETER~INING THAT THE REAL PROPERTY AND ACTIVITY KNOWN AS THE MITCHELL BROTHERS' SANTA ANA THEATER, LOCATED AT 1565 WEST 17th STREET, SANTA ANA, CALIFORNIA, IS IN VIOLATION OF ORDINANCE NS 1325 OF THE CITY OF SANTA ANA; DECLARING SUCH ACTIVITY TO BE A PUBLIC NUISANCE, REVOKING ALL LICENSES AND PERMITS, AND ORDERING ABATEMENT; AND ORDERING THE CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO COMPLY WITH SECTION 12-105 OF THE SANTA ANA MUNICIPAL CODE. BE IT RESOLVED by the City Council of the City of Santa Ana: Section 1. Pursuant to Section 38771 of the Govern- ment Code which authorizes the City Legislative Body to declare by Ordinance what constitutes a nuisance, the City Council of Santa Ana did, on the 5th day of January, 1976, adopt Ordin- ance No. NS-1287 which became effective on the 18th day of February, 1976, and did amend the same with Ordinance No. NS 1325, adopted on the 26th day of October, 1976. Said Ordinance declares: A. Any and every place in the City of Santa Ana where: (1) lewd films are publicly exhibited as a regular course of business, or possessed for the purpose of such ex- hibition; or (2) a lewd film is publicly and repeatedly ex- hibited, or possessed for the purpose of such exhibition, to be a public nuisance. B. Any and every lewd film which is publicly exhi- bited or possessed for such purpose at a place which is a public nuisance under (A) above, to be a public nuisance per se. C. From and after service on the place, or its manager, or acting manager, or person then in charge of such place, of a certified copy of Ordinance No. NS 1325, and a certified copy of the Resolution authorized by said Ordinance, all monies paid thereafter as admission price to such exhibi- tions are also a public nuisance, as personal property used in conducting and maintaining a declared public nuisance. D. Upon receiving notice through service of a certified copy of Ordinance NS 1325 and of a certified copy of the Resolution authorized by said Ordinance, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct, or operate a place in the City of Santa Ana where lewd films are publicly exhibited, or possessed for the purpose of such exhibition in the regular course of business, or where a single lewd film is publicly and repeatedly exhibi%ed, or possessed for the purpose of such exhibition, is deemed to be a person who has knowledge of such nuisance for purposes of said Ordinance and this Resolution and is, thereafter, respon- sible for its maintenance, and shall be liable therefor. RESOLUTION NO. 77-144 PAGE TWO Section 2. Pursuant to the provisions of Ordinance NS. 1325, the City Council of Santa Ana makes the following findings of fact concerning the identity of the motion picture films which have been and are being exhibited at the "Mitchell Brothers' Santa Aha Theater": A. Upon the instructions of the Santa Ana City Attorney, a continuous surveillance of the films being exhibited at the "Mitchell Brothers' Santa Ana Theater"has been maintained, which surveillance shows that, during the six-month period from April 13, 1977 through October, 1977, approximately 12 programs have been exhibited at said theater with each program contain- ing one or more motion picture films. The titles of the films exhibited at each of the 12 programs and the approximate play- ing date of each is set forth in Enclosure A to this Resolution. B. Photographic time-motion studies of the 36 motion picture films and previews exhibited at the "Mitchell Brothers' Santa Ana Theater" during the six-month period from April 13, 1977 through October 1977, being programs 1 through 12 described in Enclosure A, have been prepared and have been filed with the City Council, and the members of the City Council have examined the photographic content in each of such time-motion studies. Section 3. Pursuant to the provisions of Ordinance NS. 1325, and based upon the evidentiary facts referred to in Section 2 above, the City Council of Santa Ana makes the following findings of fact concerning the character and nature of the aforementioned motion picture films which have been, and are being, exhibited at the "Mitchell Brothers' Santa Ana Theater": A. Each of the aforementioned 36 motion picture films and previews which have been exhibited at the "Mitchell Brothers' Santa Ana Theater" as part of programs 1 through 12, is a lewd film as defined in Section 12..101 of the Santa Ana Munici- pal Code, in that (1) the average person, applying contemporary community standards, would find that, when considered as a whole, said film appeals to the prurient interest, and (2) said film depicts and describes patently offensive represen- tations and descriptions of ultimate sexual acts, and (3) said film possesses no serious literary, artistic, political, or scientific value, The patently offensive representations and descriptions which are referred to are depicted on the indivi- dual photographs of the above described time-motion studies which have been examined by the City Council and such studies are incorporated herein by reference. Section 4. Ail licenses and permits which have been issued as a part of the operation of the "Mitchell Brothers' Santa Ana Theater" are hereby revoked, subject to confirmation by the Court, in judicial proceedings required herein. Criminal proceedings for transacting business without a license at the "Mitchell Brothers' Santa Ana Theater" shall not be filed until the order of license revocation by the City Council has been confirmed by judicial order. Section 5. Pursuant to the provisions of Ordinance NS. 1325, and based upon evidentiary facts contained in the business records of the City of Santa Ana and other evidence on file with the City Council in matters pertaining to the "Mitchell Brothers' Santa Ana Theater", which are incorporated herein by reference as though set forth herein in full, the City Council of Santa Ana makes the following findings of fact with respect to the place commonly known as the "Mitchell Brothers' Santa Ana Theater": RESOLUTION NO. 77-144 PAGE THREE A. There is presently located in the City of Santa Ana a motion picture business commonly known as the "Mitchell Brothers' Santa Ana Theater" doing business upon real property known as 1565 West 17th Street, Santa Ana, County of Orange, California being: That portion of Lot 3 of the Mabury Tract, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 165, Page 301 of Deeds, Records of Los Angeles County, California, described as follows: Beginning at a point North 0° 48' 00" East 367.72 feet from the Southwest corner of that certain parcel of land described in Parcel 1 of the Deed recorded May 7, 1953 in Book 2499, Page 293 of Official Records, records of said Orange County, said point of beginning being on the Westerly line of above mentioned parcel of land; thence North 0° 48' 00" East 250.00 feet continuing along said Westerly line; thence North 89° 49' 00" East 90.00 feet, leaving said Westerly line; thence South 0° 48' 00" 250.00 feet; thence South 89° 49' 00" West 90.00 feet to the point of beginning. B. The motion picture business commonly known as the "Mitchell Brothers' Santa Ana Theater" located at 1565 West 17th Street, Santa Ana, California, is a public nuisance, being a place where lewd films are publicly exhibited, and possessed for the purpose of such exhibition, as a regular course of business. C. United Artists Theaters, Inc., 172 Golden Gate Avenue, San Francisco, California 93102, is the Lessee of the real property commonly known as "Mitchell Brothers' Santa Ana Theater". D. JOHN DOE 1 is the sub-lessee or assignee of the principal lease of the real property com~aonly known as the "Mitchell Brothers' Santa Ana Theater", 1565 West 17th Street, Santa Ana, California. E. Allison Honer Co., a Partnership, P. O. Box 84, Santa Ana, California 92702, is the owner of the real property commonly known as "Mitchell Brothers' Santa Ana Theater", located at 1565 West 17th Street, Santa Ana, California. F. Bank of America National Trust and Savings Association, a National Banking Association, is the owner of a security interest in such real property, as shown on the Trust Deed recorded on September 10, 1965 in Book 7660, Page 155, Official Records. G. M.B.F.G. Theatre Circuit, Inc., is the holder of a business license issued by the City of Santa Ana, for the operation of the business conducted upon the real property commonly known as the "Mitchell Brothers' Santa Ana Theater", 1565 West 17th Street, Santa Ana, California. H. JOHN DOE 2 is the operator, JOHN DOE 3 is the manager, and JOHN DOE 4 is the acting manager or person in charge of the establishment commonly known as the "Mitchell Brothers' Santa Ana Theater~, located at 1565 West 17th Street, Santa Ana, California. RESOLUTION NO. 77-144 PAGE FOUR Section 6. United Artists Theaters, Inc., Allison Honer Co., A Partnership, Bank of American National Trust and Savings Association, M.B.F.G. Theater Circuit, Inc., and JOHN DOES 1 through 4, and all other persons of record, having legal or equitable title in the real property known as 1565 West 17th Street, Santa Ana, California, on which is located the motion picture business commonly known as the "Mitchell Brothers' Santa Ana Theater" are: A. Hereby informed and given notice that (1) the City Council has determined that a public nuisance exists on the property located at 1565 West 17th Street, Santa Aha, California; namely, the "Mitchell Brothers' Santa Ana Theater" and that, under Section 12-103 of the Santa Ana Municipal Code, they are responsible therefor upon receiving notice through service of a certified copy of the Ordinance and a certified copy of this Resolution, and (2) any and all licenses and permits heretofore issued for the premises known as 1565 West 17th Street, Santa Ana, California, are hereby revoked under the provisions set forth in Section 12-104 (D) of the Santa Ana Municipal Code; and B. Hereby ordered, under Government Code Section 38773 and Section 12-104 (E) of the Santa Ana Municipal Code, to summarily abate the abovementioned public nuisances im- mediately, by terminating, or causing to be terminated, the exhibition of the abovedescribed lewd films and to voluntarily surrender possession of the same to the Court having juris- diction of the legal proceedings which the City Attorney has been ordered to institute under Section 12-105 of the Santa Ana Municipal Code. Each of the abovementioned persons shall notify the City Council of Santa Ana by sworn affidavit of his compliance with this Order of Summary Abatement, as required by Section 12-104(E) of the Santa Ana Municipal Code. Section 7. United Artists Theaters, Inc., Allison Honer Co., a Partnership, Bank of America National Trust and Savings Association, M.B.F.G, Theater Circuit, Inc., and JOHN DOES 1 through 4, and all other persons of record, having legal or equitable title in the real property known as 1565 West 17th Street, Santa Ana, California, on which is located the motion picture business conunonly known as the "Mitchell Brothers'~ Santa Ana Theater", are hereby informed and given notice that: A. Under Sections 12-104(F) and 12-105 of the Santa A_na Municipal Code, the City Attorney has been ordered to in- stitute legal proceedings under Civil Code Sections 3491 and 3494, and Code of Civil Procedure Section 731, naming them as defendants in an action to abate the same, and to seek resti- tution for the costs of abatement, including: (1) investigative costs; (2) Court costs; (3) reasonable attorney's fees arising out of preparations for and trial of the cause, and appeals therefrom; and (4) printing costs of trial and appellate briefs and all other papers filed in such proceedings. RESOLUTION NO. 77-144 PAGE FIVE B. Ail positive prints of the abovedescribed 36 lewd films and previews are considered to be contraband and the subject of forfeitures as provided for in Section 12-104 (G) (3) of the Santa Ana Municipal Code. C. From and after service on the place or its manager, or acting manager, or person then in charge of such place, of a certified copy of Ordinance NS. 1325, and a certified copy of this Resolution, any and all monies paid thereafter as admission price to the exhibition of such lewd films are considered to be a public nuisance as personal property used in conducting and maintaining such nuisances, and that a forfeiture of the same and other admission fees will be requested in the judicial proceedings required by Ordinance No. NS. 1325. Section 8. A. The City Attorney is hereby ordered to provide for delivery of a certified copy of this Resolution and a certified copy of Ordinance NS 1325 in any manner normally used to effectuate personal service of process as directed in Code of Civil Procedure,~ Section 415.10 through 416.90 to United Artists Theaters, Inc., Allison Honer Co., a Partnership, and JOHN DOES 1 through 6, and to all other persons of record having any legal or equitable interest in the real property, known as 1565 West 17th Street, Santa Ana, California, on which is located the motion picture business commonly known as the "Mitchell Brothers' Santa Ana Theater", and to the manager or acting manager or persons in charge of said establishment. B. The City Attorney is hereby ordered to proceed as directed in Section 12~105 of the Santa Ana Municipal Code, and to take all steps and do all things necessary to abate such nuisances and obtain the relief designated therein, through the judicial proceedings specified therein. ADOPTED this 12th day of December by the following vote: ATTEST: AYES, NOES, ABSENT, ABSTAINED, , 1977, COUNCILMEN: Yamamoto, Garthe, Bricken, 0rtiz, Evans, Brandt, Ward COUNCILMEN:. None COUNCILMEn/ None ~/~ couNc / , MAYOR CLERK OF THE COUNCIL APPROVED AS TO FORM: CITY ATTORNEY PROGRAM 2 3 5 ]0 11 ]2 FEATURE 1) Previews 2) French Blue 3) Overnight Sensations 1) Three Shades of Flesh 2) Confessions of Linda Lovelace 3) Previews 1) Previews 2) Sensations 3) The Pony Girls 1) Sharon 2) Previews 3) Sensuous Vixens 1) Oriental Treatment 2) Previews 3) A Dirty Western 1) Liquid Lips 2) Previews 3) Tell Them Johnny Wadd is Here 1) Sweetcakes 2) Honey Pie 3) Previews 1) Resurrection of Eve 2) Lollipop Palace 3) Previews 1) The Second Coming of Eva 2) Previews 3) Visions of Claire 1) Previews 2) Valerie 3) The Porn Brokers 1) Lollipop Girls 2) 6 Previews 3) Mash D in Hard Candy 1) Honey Buns 2) Previews 3) Fantasy in Blue DATE 04/13/77 04/30/77 05/11/77 05/26/77 06/08/77 06/22/77 07/06/77 08/10/77 08/31/77 09/14/77 10/17/77 10/19/77 EXHIBIT A