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RESOLUTION NO. 79-98 <br />PAGE FOUR <br /> <br />in that: (1) the average person, applying contemporary <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 represen- <br />tations and descriptions of ultimate sexual acts, and (3) <br />said film possesses no serious literary, artistic, political, <br />or scientific value. The patently offensive representations <br />and descriptions which are referred to are depicted on the <br />individual photographs of the above described time-motion <br />studies which have been examined by the City Council, and <br />such studies are incorporated herein by reference. <br /> <br /> Section 4. Ail licenses and permits which have <br />been issued as a part of the operation of the "Mitchell <br />Brothers' Santa Ana Theater" are hereby revolked, subject to <br />confirmation by the Court, in judicial proceedings required <br />herein. Criminal proceedings for transacting business <br />without a license at the "Mitchell Brothers' Santa Ana <br />Theater" shall not be filed until the order of license <br />revocation by the City Council has been confirmed by judicial <br />order or finding. <br /> <br /> Section 5. Pursuant to state law and the <br />provisions of Ordinance NS 1325, as amended, and based upon <br />evidentiary facts contained in the business records of the <br />City of Santa Ana and other evidence on file with the City <br />Council in matters pertaining to the "Mitchell Brothers' <br />Santa Ana Theater," which are incorporated herein by reference <br />as though set forth herein in full, the City Council of <br />Santa Ana makes the following findings of fact with respect <br />to the place commonly known as the "Mitchell Brothers' Santa <br />Ana Theater": <br /> <br /> A. There is presently located in the City of <br />santa Ana a motion picture business commonly known as the <br />"Mitchell Brothers' Santa Ana Theater" which engages in <br />conduct involving the production of images on a motion <br />picture screen and the broadcasting of sound recordings at <br />the real property known as 1565 West 17th Street, Santa Ana, <br />County of Orange, California, being: <br /> <br />That portion of Lot 3 of the Mabury Tract, in the <br />City of Santa Ana, County of Orange, State of <br />California, as per map recorded in Book 165, Page <br />301 of Deeds, Records of Los Angeles County, <br />California, described as follows: <br /> <br />Beginning at a point North 0° 48' 00" East 367.72 <br />feet from the Southwest corner of that certain <br />parcel of land described in Parcel 1 of the Deed <br />recorded May 7, 1953, in Book 2499, Page 293 of <br />Official Records, records of said Orange County, <br />said point of beginning being on the Westerly line <br />of above mentioned parcel of land; thence North 0° <br />48' 00" East 250.00 feet continuing along said <br />Westerly line; thence North 89° 49' 00" East 90.00 <br />feet, leaving said Westerly line; thence South 0" <br />48' 00" 250.00 feet; thence South 89~ 49' 00" West <br />90.00 feet to the point of beginning. <br /> <br /> B. The motion picture business commonly known as <br />the "Mitchell Brothers' Santa Ana Theater" located at 1565 <br />West 17th Street, Santa Ana, California, is a public nuisance, <br />being a place where lewd films are publicly exhibited, and <br />possessed for the purpose of such exhibition, as a regular <br />course of business. <br /> <br /> <br />