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NS-1081
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Last modified
1/3/2012 1:05:13 PM
Creation date
6/26/2003 10:08:05 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-1081
Date
5/17/1971
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Sec. 12-105. Procedure on Application. <br /> <br /> When an application is filed for a permit under this <br />Article, the Clerk of the Council shall place the verified <br />copy in the permanent records of her office, refer one copy <br />to the City Manager, and one copy to the following officials: <br />Chief of Police, Fire Chief, Director of Planning, Director <br />of Building Safety and Housing. Each of the officials to whom <br />a copy of the application is referred shall make such investi- <br />gation of the application as he shall deem advisable and <br />shall make a written report of such investigation, together <br />with his recommendations relative to disposal of the application, <br />to the City Manager who shall proceed to act up6n said <br />application after a hearing set by the Clerk of the Council <br />for a date certain not less than five (5) nor more than thirty <br />(30) days from the date of filing such application. At such <br />hearing, all persons interested shall be entitled to file ob- <br />jections, protests or recommendations in the premises and be <br />heard. Such hearing may, by the City Manager, be continued <br />over from time to time as circumstances may require, but for <br />not more than sixty (60) days from the date of the filing of <br />the application. <br /> <br />Sec. 12-106. Notice of Hearing on Application. <br /> <br /> The Clerk of the Council shall, in every case of application <br />for a permit, notify the applicant of the time and place of <br />such hearing to be held thereon, and such notice shall be given <br />at least seven (7) days before the date of such hearing. The <br />Clerk of the Council shall cause a notice to be published once <br />in the official newspaper of the City at least seven (7) days <br />before said hearing date, and cause a copy thereof to be posted <br />upon the premises to be primarily affected by the granting of <br />such permit, and a copy on the bulletin board in the office of <br />the Clerk of the Council. Such notice shall set forth the fact <br />that such application has been filed, the name of the applicant, <br />the nature of the thing to be permitted, and the time and place , <br />of hearing upon such application. <br /> <br />Sec. 12-107. Denial of Application. <br /> <br /> If an application for a permit is denied, the same appeal <br />procedure as provided in Section 1~-31 shall be followed. <br /> <br />Sec. 12-108. Issuance of Permit. <br /> <br /> The City Manager shall issue a permit if he finds: <br /> (a) That the operation of the motion picture theater by the <br />applicant will be carried on in a building, structure, and loca- <br />tion which complies with and meets all of the health, zoning, <br />fire, and safety requirements and standards of the laws of the <br />State of California and ordinances of the City of Santa Ana <br />applicable to such business operation; <br /> <br /> (b) That the applicant, his employee, agent, or any person <br />connected or associated with the applicant as partner, director, <br />officer, stockholder, associate or manager: <br /> <br />1. Has not been convicted in a court of competent <br /> jurisdiction, by final judgment of: <br /> <br />(i) An offense involving the presentation, <br /> exhibition or performance of an obscene production <br /> motion picture or play; or <br /> <br /> (ii)An offense involving lewd conduct; or <br /> <br />(iii)An offense involving the use of force and <br /> violence upon the person of another; or <br /> <br />-8- <br /> <br /> <br />
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