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ORDINANCE NS-l174 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA AMENDING SECTION 12-6 OF THE <br />SANTA ANA MUNICIPAL CODE <br /> <br /> THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN <br />AS FOLLOWS: <br /> <br /> SECTION 1: That Section 12-6 of the Santa Ana Municipal <br />Code is hereby amended to read as follows: <br /> <br />Sec. 12-6. Exemption of Theatrical Establishments. <br /> <br /> The provisions of Section 12-1 through and including <br />Sec. 12-4 shall not apply to a theater, concert hall, or <br />similar establishment which is primarily devoted to theatrical <br />performances. <br /> <br /> As used in this article, and in Sections 318.5 and 318.6 <br />of the Penal Code, the phrase "theater, concert hall, or <br />other similar establishment which is primarily devoted to <br />theatrical performances" shall mean a building, playhouse, room, <br />hall, or other place having permanently affixed seats so <br />arranged that a body of spectators can have an unobstructed <br />view of the stage upon which theatrical or vaudeville or simi- <br />lar performances are given, and in which the serving of food <br />and/or beverages is clearly incidental to such performances, <br />and where the revenue derived from the sale of food and/or <br />beverages is insubstantial when compared to all other sources <br />of gross revenue. <br /> <br /> SECTION 2: If any section, subsection, sentence, clause, <br />phrase or portion of this ordinance is for any reason held to <br />be invalid or unconstitutional by the decision of any court of <br />competent jurisdiction, such decision shall not affect the <br />validity of the remaining portions of this ordinance. The City <br />Council of the City of Santa Ana hereby declares that it would <br />have adopted this ordinance and each section, subsection, sen- <br />tence, clause, phrase or portion thereof irrespective of the <br />fact that any one or more sections, subsections, clauses, phrases <br />or portions be declared invalid or unconstitutional. <br /> <br /> SECTION 3: Neither the adoption of this ordinance <br />nor the repeal hereby of any ordinance shall in any manner <br />affect the prosecution for violation of ordinances, which <br />violations were committed prior to the effective date hereof, <br />nor be construed as affecting any of the provisions of such <br />ordinances relating to the collection of any such license <br />or penalty or the penal provisions applicable to any viola- <br />tion thereof, nor to affect the validity of any bond or case <br />deposit in lieu thereof, required to be posted, filed or <br />deposited pursuant to any ordinance, and all rights and obli- <br />gations thereunder appertaining shall continue in full force <br />and effect. <br /> <br /> SECTION 4: The Clerk of the Council shall certify to the <br />passage of this ordinance and cause the same to be published <br />in some daily newspaper printed and published in the City of <br />Santa Ana. <br /> <br /> SECTION 5: This Ordinance shall take effect thirty (30) <br />days from and after the date of its adoption. <br /> <br /> <br />