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72-089
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Last modified
1/3/2012 12:35:26 PM
Creation date
6/26/2003 10:46:46 AM
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City Clerk
Doc Type
Resolution
Doc #
72-89
Date
8/21/1972
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refused continuously until April 28, 1972, to file said applications. <br />Even though in the period measured from August 1971, until April <br />1972, they had been issued 23 citations by the Santa Ana Police <br />Department for failure to have the required permits in their <br />possession. <br /> <br /> Furthermore there have been numerous arrests made for violations <br />occuring on the premises for violation of Penal Code Section 311.2, <br />Sale and Display of Obscene Material. Altogether between June 1971, <br />and January 1972, 18 arrests were made under the foregoing Penal <br />Code Section. Some of these charges are still awaiting trial but <br />several convictions have already been obtained. <br /> <br /> This establishment has become a substantial law enforcement <br />problem for the City. Since June 1970, there have been 53 police <br />visitations to the premises 43 of which resulted in arrests and <br />10 of which were in response to calls for service. <br /> <br /> The number and frequency of such arrests and citations tend <br />to show a pattern of flagrant disregard of the law and has <br />created a substantial law enforcement problem. The report of <br />Investigator Dixon, of the Santa Ana Police Department, received <br />in evidence revealed the extent of the problem created by the <br />premises in question. At thirteen establishments in the city <br />during the calendar year 1971, 93 cases were generated from 157 <br />arrests by the vice division. Of these, 32 cases arose from <br />58 arrests at the premises in question. <br /> <br /> As an indication that the applicant continues to engage in <br />and foster obscene activities, a search warrant was issued on <br />May 30, 1972, by Judge Teale of the Municipal Court of the <br />Orange County Central Judicial District authorizing the seizure <br />of an obscene film. <br /> <br /> The Council finds that the operation of the premises in <br />question by the applicant has not been in compliance with all <br />applicable laws and that their history of willful violation of <br />the applicable laws leads them to conclude that the operation of <br />these premises in the future will be likely to be not in com- <br />pliance with the applicable laws regulating the conduct and <br />operation of such establishment. <br /> <br /> 4. The Council further finds that the applicant <br />has made false, misleading, and fraudulent statements of material <br />facts in his application for a permit in failing to answer the <br />questions on the said application as hereinbefore amended, and <br />specifically in failing to disclose whether the operator or any <br />person listed on said application had ever been convicted of any <br />crime other than a misdemeanor traffic violation. <br /> <br /> 5. The Council finds that the application for a <br />theater permit should be denied because the applicant has allowed <br />or permitted prior to this application, acts of sexual misconduct <br />to be cor~aitted within the premises. There is a clear and present <br />and iminent danger that said acts as set forth below, will continue <br />in the future and maintain the serious and substantial evil in <br />the community. <br /> <br /> The president of the applicant, N. Robert Blake, was convicted <br />on January 11, 1972, in two cases of five counts each of exhibiting, <br />possessing, and selling obscene matter and films on the premises <br />(Penal Code Sections 311.2 and 311.5). Some 60 similar counts <br />are still awaiting trial in the courts against the applicant. <br /> <br /> <br />
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