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RESOLUTION NO. 76-134 <br /> <br /> Section 2. Pursuant to the provisions of Ordinance <br />NS.1325 , the City Council of Santa Ana makes the following <br />findings of fact concerning the identity of the motion picture <br />films which have been and are being exhibited at the "Mitchell <br />Brothers' Santa Ana Theater": <br /> <br /> A. Upon the instructions of the Santa Ana City <br />Attorney, a continuous surveillance of the films being exhib- <br />ited at the "Mitchell Brothers' Santa Ana Theater" has been <br />maintained, which surveillance shows that, during the ten-month <br />period from November 28, 1975 through September 1976, approxi- <br />mately 13 programs have been exhibited at said theater with each <br />program containing one or more motion picture films. The titles <br />of the films exhibited at each of the 13 programs and the ap- <br />proximate playing date of each is set forth in Enclosure A to <br />this Resolution. <br /> <br /> B. Photographic time-motion studies of the 26 motion <br />picture films and previews exhibited at the "Mitchell Brothers' <br />Santa Ana Theater" during the ten-month period from November 28, <br />1975 through September 1976, being programs 1 through 13 des- <br />cribed in Enclosure A, have been prepared and have been filed <br />with the City Council, and the members of the City Council have <br />examined the photographic content in each of such time-motion <br />studies. <br /> <br /> Section 3. Pursuant to the provisions of Ordinance <br />NS~ 1325 , and based upon the evidentiary facts referred to <br />in Section 2 above, the City Council of Santa Aha makes the <br />following findings of fact concerning the character and nature <br />of the aforementioned motion picture films which have been, and <br />are being, exhibited at the "Mitchell Brothers' Santa Ana <br />Theater": <br /> <br /> A. Each of the aforementioned 26 motion picture films <br />and previews which have been exhibited at the "Mitchell Brothers' <br />Santa Ana Theater" as a part of programs 1 through 13, is a <br />lewd film as defined in Section 12-101 of the Santa Aha Munici- <br />pal Code, in that (1) the average person, applying contempory <br />community standards, would find that, when considered as a <br />whole, said film appeals to the prurient interest, and (2) <br />said film depicts and describes patently offensive represent- <br />ations and descriptions of ultimate sexual acts, and (3) said <br />film possesses no serious literary, artistic, political, or <br />scientific value. The patently offensive representations and <br />descriptions which are referred to are depicted on the in- <br />dividual photographs of the above described time-motion studies <br />which have been examined by the City Council, and such studies <br />are incorporated herein by reference. <br /> <br /> Section 4. Ail licenses and permits which have been <br />issued as a part of the operation of the "Mitchell Brothers' <br />Santa Ana Theater" are hereby revoked, subject to confirmation <br />by the Court, in judicial proceedings required herein. Criminal <br />proceedings for transacting business without a license at the <br />"Mitchell Brothers' Santa Ana Theater" shall not be filed un- <br />til the order of license revocation by the City Council has <br />been confirmed by judicial order. <br /> <br /> Section 5. Pursuant to the provisions of Ordinance <br />NS. 1325 , and based upon evidentiary facts contained in the <br />business records of the City of Santa Ana and other evidence <br />on file with the City Council in matters pertaining to the <br />"Mitchell Brothers' Santa Ana Theater", which are incorporated <br />herein by reference as though set forth herein in full, the City <br />Council of Santa Ana makes the following findings of fact with <br />respect to the place commonly known as the "Mitchell Brothers' <br />Santa Ana Theater": <br /> <br /> <br />