The tax collector shall transmit a copy of every license fee referral memorandum for a license for a theater or for a motion picture theater to the commission, the sheriff, the forester and fire warden, the regional planning commission, and to such other county departments as the board directs. (Ord. 10797 § 3 (part), 1973: Ord. 5860 Ch. 21 Art. 1 § 3331, 1951.)

Except as provided in Section 7.06.260, the commission shall hold a public hearing on every application for a license required by this chapter, and shall have notice of such hearing as required by Sections 7.10.100, 7.10.110, 7.10.120 and 7.10.130 of this title. (Ord. 10797 § 3 (part), 1973: Ord. 5860 Ch. 21 Art. 1 § 3332, 1951.)

A. As used in this Part 2, “theater” means a theater, concert hall or similar establishment which is primarily devoted to theatrical performances, as those words are used in Sections 318.5 and 318.6 of the Penal Code, but does not include any adult business required to be licensed pursuant to Chapter 7.92.
B. The board finds that a “theater,” as defined in this section, is a building, playhouse, room, hall or other place having a permanent stage upon which dramatic, theatrical, vaudeville or similar performances are given, whose primary function is to give such performances, and, if food, drink or other merchandise is served, sold or offered for sale, such service, sale or offer to sell is merely incidental to the performance.
C. The board further finds that a typical theater also has movable scenery on the stage, permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, and regularly scheduled performances. (Ord. 2003-0067 § 26, 2003; Ord. 10797 § 3 (part), 1973: Ord. 5860 Ch. 21 Art. 3 § 3351, 1951.)

In order to conduct a theater as defined in this Part 2, if no other activity is carried on for which Section 2810 requires a license, it is sufficient if either a theater license or an entertainment license is obtained. Both are not required. (Ord. 10797 § 3 (part), 1973: Ord. 5860 Ch. 21 Art. 3 § 3356, 1951.)

A person at his option, pursuant to this Part 2, may apply for a theater license. (Ord. 10797 § 3 (part), 1973: Ord. 5860 Ch. 21 Art. 3 § 3352, 1951.)

An application for a theater license shall comply with Section 7.06.020, and also shall state facts which show that no activity will be conducted for which Section 7.36.040 requires a license except that of a theater as defined in this Part 2. (Ord. 10797 § 3 (part), 1973: Ord. 5860 Ch. 21 Art. 3 § 3353, 1951.)

The commission shall grant a theater license if it finds no grounds for denial pursuant to Section 7.08.070, and also finds that the licensee will conduct a theater as defined in this Part 2, and no other activity for which Section 7.36.040 requires a license. A theater license shall not be granted if any other activity for which Section 7.36.040 requires a license will be conducted, even if the applicant has a license issued pursuant to Section 7.36.040 for such other activity. (Ord. 10797 § 3 (part), 1973: Ord. 5860 Ch. 21 Art. 3 § 3354, 1951.)

A theater license shall be revoked, suspended, or modified as provided in Sections 7.08.140 and 7.08.160 of this title. Also, a theater license shall be revoked or suspended if:
A. The licensee ceases to conduct a theater as defined in this Part 2; or
B. In conjunction with such theater, the licensee also conducts other activities for which Section 7.36.040 requires a license whether he has such a license or not. (Ord. 10797 § 3 (part), 1973: Ord. 5860 Ch. 21 Art. 3 § 3355, 1951.)

A. Every person conducting, managing or carrying on a motion picture theater or other place where moving pictures are exhibited for which a fee is charged, received or collected, or as an incident to some other type of business or activity, who does not possess either a Class I entertainment license or Class III entertainment license, which license authorizes the showing of such motion pictures on the premises, shall first procure a license and shall pay an annual license fee in the amount set forth in Section 7.14.010 of this title, under the appropriate heading.
B. A license granted pursuant to this section does not permit any entertainment of any kind except motion pictures and any music which may accompany the showing of such motion pictures. (Ord. 11209 § 1 (part), 1975: Ord. 10797 § 3 (part), 1975: Ord. 5860 Ch. 21 Art. 2 § 3341, 1951.)

A license for a motion picture theater shall be granted or denied as provided in Section 7.08.070 of this title. (Ord. 10797 § 3 (part), 1975: Ord. 5860 Ch. 21 Art. 2 § 3342, 1951.)

A license for a motion picture theater shall be revoked, suspended or modified as provided in Sections 7.08.140 and 7.08.160 of this title. (Ord. 10797 § 3 (part), 1975: Ord. 5860 Ch. 21 Art. 2 § 3343, 1951.)