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KLG/fm 6/1/79 RESOLUTION NO. 79-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DETERMINING THAT THE REAL PROPERTY AND ACTIVITY KNOWN AS THE MITCHELL BROTHERS' SANTA ANA THEATER, LOCATED AT 1565 WEST 17th STREET, SANTA ANA, CALIFORNIA, IS IN VIOLATION OF ORDINANCE NS 1325 OF THE CITY OF SANTA ANA; DECLARING SUCH ACTIVITY TO BE A PUBLIC NUISANCE, REVOKING ALL LICENSES AND PERMITS, AND ORDERING ABATEMENT; AND ORDERING THE CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO COMPLY WITH SECTION 12-105 OF THE SANTA ANA 5~NICIPAL CODE. BE IT RESOLVED by the City Council of the City of Santa Ana: Section 1. Pursuant to Section 38771 of the Government Code which authorizes the City Legislative Body to declare by ordinance what constitutes a nuisance, the City Council of Santa Ana did, on the 5th day of January, 1976, adopt Ordinance No. NS-1287 which became effective on the 18th day of February, 1976, and did supersede the same with Ordinance No. NS-1325, adopted as an urgency Ordinance on the 4th day of October, 1976, to become effective immediately upon adoption and as amended by Ordinance No. NS-1452, adopted September 18, 1978. Said Ordinance declares: A. Any and every place in the City of Santa Ana where: (1) lewd films are publicly exhibited as a regular course of business, or possessed for the purpose of such exhibition; or (2) a lewd film is publicly and repeatedly exhibited, or possessed for the purpose of such exhibition, to be a public nuisance. B. Any and every lewd film which is publicly exhibited or possessed for such purpose at a place which is a public nuisance under (A) above, to be a public nuisance per se. C. From and after service on the place, or its manager, or acting manager, or person then in charge of such place, of a certified copy of Ordinance No. NS 1325, as amended, and a certified copy of the Resolution authorized by said Ordinance, all moneys paid thereafter as admission price to such exhibitions are also a public nuisance, as personal property used in conducting and maintaining a declared public nuisance. D. Upon receiving notice through service of a certified copy of Ordinance NS 1325, as amended, and of a certified copy of the Resolution authorized by said Ordinance, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct, or operate a place in the City of Santa Aha where lewd films are publicly exhibited, or possessed for the purpose of such exhibition in the regular course of business, or where a single lewd film is publicly and repeatedly exhibited, or possessed for the purpose of such exhibition, is deemed to be a person who has knowledge of such nuisance for purposes of said Ordinance and this Resolution and is, thereafter, responsible for its maintenance, and shall be liable therefor.