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Home My WebLink About02569 ORD - 07/29/1949AN ORDINANCE _ DEFINING AND REGULATING PUBLIC PLACES OF AffUSINiINT AND ESTABLISHING AND REQUIRING A LICENSE FOR THE SALIE; AND RF4UID1NG FAYDD:NT OF A LICEVSE FE-;; AND DECLARING AN WERGENCY. , BE IT ORDAINED BY THE CITY COUNCIL CF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION I: All buildings, structures and enclosures, within the limits of the City of Corpus Christi, constructed, fitted and equipped for the _ purposes of theaters, arenas, opera houses, moving picture shows or audi- toriums which are and shall hereafter be used for public performances, the production and exhibition of plays, dramas, operas, moving pictures, vaudeville performances, wrestling or boxing sh"s, exhibitions or, perform- ances and/or other shows of whatever nature, to which admission fees are charged, are hereby declared to be public places of amusement, and the same are subject to the following regulations. Section II: It shall be unlawful for the owner, or any manager, employee, or representative of the owner or lessee, or other person who may be in charge and having the care and management of any such public place of amusement, to open, operate or conduct the same without first having paid to the City of Corpus Christi the license fee and secured the license hereinafter specified for public places of amusement. SECTION III: 1. Every person owning, operating or conducting a public Place of amusement as defined in Section I hereof shall pay a quarterly license fee for such place as follows: A fee calculated upon the basis of one cent ($.Ol) per one (1) patron capacity for every calendar day that one (1) or more performances are held. The patron capacity of any public place of amusement shall be determined as follows: One (1) patron capacity for each individual chair or seat; one (1) patron capacity for each full twenty (20) inches of open bench space regularly used for the accommodation of patrons; one (1) patron capacity for each six (6) square feet of floor or ground space regularly used as�9 for standing room for patrons; three (3) patron capacity for each one (1) automobile which can be accomodated in a drive -in moving picture theater. Provided that if any place of amusement shall have a patron capacity ip ex- cess of one thousand (13000) patrons, this license fee shall be computed on a basis of one thousand (12000) patron�capaeity, and provided that if any person owning, operating or conducting any place of amusement shall give satisfactory proof to the City Secretary that the actual patron capacity of said public place of amusement differs from the above schedule, then the said license fee shall be assessed according to the true patron capacity thereof. 2. Provided that no fee shall be charged for the issuance of a license to any place of amusement in which are held fewer than sever (7) performances during any quarter, as that tern is hereinafter defined. If any person owning, operating or conducting a place of amusement shall file with the Ciity Secretary on or before the first day of any quarter his written, sworn statement that he has not booked and does not anticipate the booking of as many as seven (7) performances during the said quarter said license shall be issued for such place of amusement without the payment of any license fee. Provided that if, thereafter, during the said quarter, as many as seven (7) performances are held in such place of amusement a license fee shall be assessed in accordance with the provisions of this ordinance, and if such fee is not paid the City Secretary shall revoke the said license. "Performance" as used in this section shall mean the production and exhibition of plays, dramas, operas, moving pictures, vaudeville performances, wrestling or boxing shows, ex- hibitions or performances, sporting events and/or other shows of whatever nature to which a maximum admission fee in excess of twenty -five cents ($.25) is charged, except those performances held in a public or private school auditor- ium, statium, or Lther premises under the supervision of the public school or junior college authorities or private school or city recreation activity. "Quarter" as used in this ordinance shall mean any one three -month period be- ginning the let day of August and ending the 31st day of October, or beginning the lst day of November and ending the 31st day of January, or beginning the first day of February and ending the 30th day of April, or beginning the 1st day of May and ending the 31st day of July. 3. On or before the let day of each quarter, as that term is hereinbefore defined, the owner, operator or person in charge of each public place of amusement shall file with the City Secretary a written, sworn statement estimating the number of calendar des that performances will be held during such quarter. The City Secretary shall thereupon assess a tentative license fee for such place of amusement upon the basis hereinbefore defined, and upon the payment of said tentative license fee the City Sears- - Lary shall issue a license for the said place of amusement. On or before the 5th day of the month following the last month of each quarter, the owner, operator or person in charge of each place of amusement shall file with the City Secretary a written, sworn statement declaring the actual number of calendar days of the quarter just ended during which performances were held. The City Secretary shall thereupon assess the actual license fee for the quarter just ended and make a refund or collect the balance due, as the case may be. If a deficit for a license fee for a proceeding quarter be unpaid this shall be just cause for the City Secretary's refusal to issue a new license, or for the revocation of a license then in force. SECTION 17: Any person owning, operating or conducting a public place of amusement shall have the right to assign seats to patrons thereof and to refuse admission to objectionable characters. Said persons owning, operating and conducting any public place of amusement shall deny admission to any per- son under the influence of alcohol and shall have the right peacefully to eject any person whose conduct interferes with the performance of the play, show, spectacle, or game provided for the amusement of the patrons. SECTION O: It shall be unlawful for any person owning, operating or con- ducting a public place of amusement to exhibit any motion picture, play, vaude- ville or dramatic performance, sporting or other exhibition for the entertain- ment of the public that is vulgar, obscene, indecent, immoral or contrary to good morals or public decency. SECTION VI. No public place of amusement as defined in Section I hereof shall be opened or conducted save in fullcompliance with the provisions of the Corpus Christi, Texas building code and fire code as they now exist or shall hereafter be amended, SECTION VIIr - The City Traffic Engineer is hereby authorized to permit double parking and direct or prohibit traffic on certain streets in the vicinity of any public place of amusement upon his determination that the same is required to facilitate the free flow of traffic before, during and after any play, show, spectacle, or game being performed or played at such public place Of amusement. - SECTION VIII: The license herein required shall replace all other city licenses heretofore required of public places of amusement as herein defined, except that when any business or activity for which a license is now required, is carried on in conjunction with a place of amusement such business or ac- tivity shall be licensed as is required by law. SECTION I%: Any person who shall violate any of the provisions of Section II or Section V hereof shall be guilty of a midemeanor and shall be punished by a fine of not less than $5.00 and not more than $200.00, and each performance which is in violation thereof shall constitute a separate offense. SECTION %: The fact that public places of amusement are not now reg4ated by the City of Corpus Christi creates a public emergency and imperative public necessity requiring a suspension of the Charter rule providing that no Ordinance or Resolution shall be passed finally on the day it is intro- duced, and that such Ordinance or Resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such public emergency and imperative public necessity exists, and having requested that said Charter rule be suspended and that this Ordinance take effect and be in full force and effect from and after its passage, it is so ordained. PASSED AND APPROVED this the d of July, A. D. 19119. F City of Corpus Christi, Texas T T: acre ary AP VED 9S T LE P FOIM: C1 y ey Asa s Ca, y A rney Corpus Christi, Texas }9 . 144.1 TO THE MELIBER.S OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI Gentlemen: For the reasons set forth in the emergency clause of the foregoing Ordinance, a public emergency and an imperative necessity exist for the suspension of the Charter rule or requirement that no Ordinance or Reso- lution shall be passed finally on the date it is introduced, and that such Ordinance or Resolution shall be read at three several meetings of the City Council; I, therefore, hereby request that you suspend said Charter rule or requirement and pass this Ordinance finally on the date it is intro- duced, or at the presentmeeting of the City Council. Respectfully, City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman P' 1p Jack DeForrest Barney Cott 9-Y Sydney E. Herndon .1 , George L. Lowman (((0 ��1 The above Ordinance was passed by the following vote: Leslie lasserman Jack DeForrest Barney Cott M®��_� Sydney E. Herndon George L. Lowman a5 U9