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RESOLUTION 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