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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":