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ORDINANCE NO.c:<'? tJ t'7
AN ORDINANCE OF THE CITY OF SAN BERNARDINO REGUIATING THE
INSTALIATION AND OPERATION OF MOTION PICTURE AND ELECTRICAL EQUIP-
MENT; ESTABLISHING INSPECTION STANDARDS FOR THEATERS} PROJECTION
ROOMS AND MOTION PICTURE MACHINE BOOTHS; PROVIDING FuR EXAMINA-
TIONS FOR MOTION PICTURE MACHINE OPERATORS AND STAGE AND THEATRE
ELECTRICIANS; PROVIDING PENALTIES FOR VIOIATION THEREOF; AND
REPEALING ORDINANCE NO. 2058 AND PORTIONS OF ORDINANCE NO. 821.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION ONE: Theaters. Inspection and Permit. Any
theater that has been closed for a continuous period of thirty
(30) days, and any theater that has been erected or structurally
altered or enlarged shall not be opened to the public for a
performance without first having an inspection by, and the
written permission of, the Department of Building and Safety and
the Fire Department of the City of San Bernardino.
Upon application by the owner, agent or lessee, the
Department of Building and Safety shall cause an inspection to
be made of all the public safety devices of the theater building
and if they are found to comply with the requirements hereof,
shall cause such written permission to be issued forthwith. In
the event the public safety devices, appurtenances, exits, or
stairways are not in a secure and safe condition, they must be
put into such condition before any performance is given or before
the building is opened to the public. The Department of Building
and Safety shall have the right to close any theater building
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when any owner, lessee, or manager, or his agent refuses to c9mpl
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with the provisions hereof and such theater building shall remain
closed until all such requirements applicable thereto shall have
been complied with.
SECTION TWO: Smoking in Theater, Regulations.. Smoking
shall not be permitted in the auditorium or balcony of any theate
nor in any place where motion pictures are exhibited, except in
toilets, lounges, dressing rooms or offices..
. SECTION THREE: Fire Extinguishers Required. In addition
to the fire extinguishing equipment required in all Group A, B
and C occupanci~s, as defined by the building codes of this City,
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there shall be installed not less than two Class A fire extinguish-
ers, as defined in the State Fire Marshalis Code, on each floor,
including the basement. Adjacent to main switchboards there shall
be maintained not less than two Class C fire extinguishers as
defined in the State Fire Marshalis Code. In addition thereto,
there shall be installed such number of fire axes and fire hooks
as the Bureau of Fire Prevention may order.
SECTION FOUR: Motion Picture Machine Operators Required
to Register - Permit. Before any person shall engage in operating
a motion picture machine, he shall register his name, age, place
of residence and experience in operating a motion picture machine,
on a form to be kept by the Electrical Division of the Department
of Building and Safety, and make application in writing to that
Department for a permit to operate such motion picture machine.
Upon filing such an application, the applicant shall also pay to
the Department of Building and Safety of said City the sum of Ten
Dollars ($10.00).
SECTION FIVE: Application - Issuance of Permit. If such
application shows, to the reasonable satisfaction of the Electrica
Division of the Department of Building and Safety, that the appli-
cant has had sufficient experience, he shall appear before a
Board of Examiners consisting of the Chief Electrical Inspector,
of the Department of Building and Safety, or his delegated repre-
sentative in the Division of said Chief Electrical Inspector,
a member of the Fire Prevention Division, and one Journeyman
Projection Operator, appointed by the Mayor.
If the Board of Examiners, after due and thorough examina-
tion, shall find that such applicant has sufficient knowledge,
skill and ability to operate a motion picture machine with safety,
the Electrical Division of the Department of Building and Safety
shall issue to such applicant a permit to operate a motion picture
m~chine in the City. If any applicant shall fail to pass said
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examination, such applicant may file an application for re-testing
after one (1) month has passed from the time of the previous
examination. If any applicant shall fail the examination twice,
said applicant shall pay to the Department of Building and Safety
the sum of Five Dollars ($5.00) for each subsequent examination,
to defray the costs of holding said examination. No permit shall
be issued to any person under the age of eighteen years.
SECTION SIX: Permit - Expiration and Renewal. All
permits issued under the provisions hereof shall expire on the
first day of January of each year. A renewal permit may be issued
upon application to the Chief Electrical Inspector and the payment
of a renewal fee of Five Dollars ($5.00). Any application for
renewal must be made on or before the fifteenth day of January
of each year. In the event of failure so to apply for the renewal
of a permit on or before the fifteenth day of January, a person
whose permit has expired must qualify as a new applicant and take
the examination therefor. No renewal permit shall be issued
unless the applicant submits satisfactory evidence to the Chief
Electrical Inspector that he has worked as a motion picture
machine operator for not less than thirty days during the
previous calendar year.
SECTION SEVEN: Stage and Theatre Electrician. All
electrical apparatus in a theatre or motion picture house shall be
in charge of a registered journeyman stage and theatre electrician
or motion picture operator. Theatres using the stage for other
purposes than motion pictures shall have a registered stage and
theatre electrician in attendance at all times when the theatre
is open.
SECTION EIGHT: Stage and Theatre Electrician - Permit.
The permit fees and procedures for motion picture operators as
set forth in Section Four, Section Five and Section Six of this
O~dinance shall apply also to stage and theatre electricians.
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SECTION NINE: Apprentice Operator or Electrician - Permito
The Chief Electrical Inspector may. in accordance with such rules
and regulations as he may deem reasonably necessary. issue a permit
to an individual to act as an apprentice motion picture operator
or apprentice stage and theatre electrician. A person desiring
such a permit shall furnish to the Chief Electrical Inspector
a written request therefor signed by the Manager or owner at the
place where he intends to act as such an apprentice operator or
electrician before such permit may be granted. The applicant
shall also pay to the Department of Building and Safety the sum of
Five Dollars ($5.00). A renewal permit. as in Section Six of
this Ordinance. may be issued with the payment of a renewal fee
of Two Dollars and Fifty Cents ($2.50). Such permit entitles
the permittee to operate only under supervision. at all times. of
a regularly licensed operator or electrician.
SECTION TEN: Operatorls Permit Revoked for Violation of
Law. Any motion picture operator. stage and theatre electrician
or apprentice found guilty. by a court of competent jurisdiction.
of violating any of the provisions hereof. or of any other law
or ordinance regulating motion picture machines. shall have his
permit revoked by the Chief Electrical Inspector. and shall not be
allowed for a period of one (1) year thereafter. to operate a
motion picture machine or theatre electrical equipment within
the City.
SECTION ELEVEN: Exception - Churches - Schools. etc.
The provisions of this ordinance relating to permits for motion
picture machine operators shall not apply to churches. schools.
colleges or institutions where the projection of films is used
for educational purposes. nor shall the provisions of this
ordinance relating to such permits apply to the projection of
motion pictures in private dwellings.
. The Chief Electrical Inspector. may. and is hereby
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authorized, to establish such rules and regulations as may best
protect life and property in connection with the operation of
motion picture machines, in said occupancies, but which shall not
exceed requirements otherwise contained herein.
SECTION TWELVE: Rewinding Film in Closed Cabinet. All
rewinding of film shall be done in an enclosed cabinet of a typt
approved by the Fire Prevention Divisiono All film, records and
other combustible material used in connection with the projection
of pictures shall be kept in metal lockers or cabinets, except
when in actual useo
SECTION THIRTEEN: Smoking or Open Flame in Booth Pro-
hibitedo No person shall smoke or maintain any open flame or
other source of ignition within any motion picture machine booth.
A sign bearing the words "No Smoking Permitted" shall be displayed
in a conspicuous location within such motion picture machine booth
SECTION FOURTEEN: Au>tomatically Operated Safety Devices-
Testingo The Chief Electrical Inspector may require that all
automatically operated safety devices be operated not less than
once every thirty (30) days to determine that they are in proper
working conditiono
SECTION FIFTEEN: Unauthorized Person Not Allowed in
Bootho No unauthorized person shall be allowed inside any motion
picture machine booth when same is being used for the projection
of pictureso
SECTION SIXTEEN: pro;ection Rooms. The requirements
for projection rooms shall be those requirements which are
enumerated in the Uniform Building Code as adopted and amended
by the City of San Bernardinoo
SECTION SEVENTEEN: It shall be unlawful for any person,
firm or corporation, either as owner, manager, agent or otherwise,
to procure, employ, or permit or cause to be procured, employed
or permitted, any person not duly registered, as herein provided,
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to operate, or assist in the operation of any motion picture
projector or equipment of which such owner, firm or corporation
has charge or control.
SECTION EIGHTEEN: It shall be unlawful for anyone to
operate or cause to be operated a motion picture projector with
defective or damaged film which is likely to jeopardize public
safety. It shall be the duty of the projectionist to give the
owner or manager a written notice upon finding any film unsafe
for use in the City of San Bernardino and a duplicate of said
notice shall be sent to the office of the Chief Electrical
Inspector and the Fire Prevention Division.
SECTION NINETEEN: It shall be unlawful to allow an
open flame to be used upon any stage of any theatre during any
performance, without first obtaining a permit in writing from the
Chief Engineer of the Fire Department. When gas heaters are
used for heating purposes in the auditorium, these must be of the
forced air type. It shall be unlawful for any person, firm or
corporation to allow any foliage, straw, hay or other combustible
material upon any stage in any theater, until same is made fire-
proof by an application of fireproofing solution, and then only
after inspection has been made by the Chief Engineer of the Fire
Department, or his duly authorized representatives; and it shall
be unlawful for any person, firm or corporation to allow any
automobile, motorcycle, or any other gasoline driven vehicle upon
any stage of any theater unless all gasoline is first removed from
the tank thereof.
SECTION TWENTY: It shall be unlawful for any person,
firm or corporation owning, managing, conducting or in control
of any theater or motion picture theater to allow, suffer or permi
any violation of the provisions of this Ordinance and any of the
provisions of the Fire Prevention Code as promulgated by the
National Board of Fire Underwriters which has been or may here-
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after be established by the City of San Bernardino and adopted
as rules and regulations governing conditions hazardous to life
and property from fire.
SECTION TWENTY-ONE: Other Laws. In addition to the
requirements set forth herein, each owner or operator of a theater
or motion picture house is subject to Article I, Chapter I,
Part 9 of Division 2 of the Labor Code of the State of California
(Sections 2260 et seq) and any other applicable law or ordinance.
SECTION TWENTY-TWO: Adult Movies. A. The manager or
any person in control or charge of a theater shall determine
whether each motion picture is recommended for adult viewing only
before such motion picture is shown or exhibited publicly, and knowi gL
shall not sell or permit the sale of any admission ticket to view
such motion picture recommended for adult viewing only to, or
permit the viewing thereof by, any unmarried minor person under
the age of eighteen (18) years, unless such minor person is
accompanied by his parent or guardian or presents written consent
or permission therefor from and signed by said parent or guardian.
B. Any advertisement or publication printed or distribute
in said city concerning a motion picture which has been recom-
mended for adult viewing only by the manager or any person in
control or charge of a theater where such motion picture is
exhibited or will be exhibited publicly, shall contain the phrase
"Recommended For Adults Only" in letters as large and high as
the majority of letters in such advertisement or publication.
SECTION TWENTY-THREE: Theater Permit. The owner or
manager of each theater where motion pictures or any picture pro-
jected from slides or films are publicly exhibited shall apply
for a theater permit from the Chief of Police of said City within
thirty (30) days from the adoption of this Section. The Chief
shall issue the permit if he finds that the applicant has complied
wtth each law or ordinance relating to theaters and the exhibition
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of motion pictures or any picture projected from films or slides.
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The Chief shall suspend any theater permit issued by him
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if he finds that the permittee, or such permitteets agent or
employee, has been or is knowingly violating any provision of this
ordinance or other applicable ordinance or law. The determination
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of the Chief with regard to matters of suspension shall be appeal-
able to the Mayor and Common Council in the same manner as set
forth in Ordinance No~ 2622.
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The Chief, in the case of such suspension, shall either
personally serve, or serve by United States Mail, postage prepaid,
addressed to the permittee, a written Order of Suspension stating
the reasons for such suspensiono The said Order shall be effec-
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tive twenty-four (24) hours after the same is either personally
served, or forty-eight (48) hours after the same has been deposite
in the course of said United States Mail.
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In the case of an appeal from an Order of Suspension,
the Mayor and Common Council shall conduct a hearing thereon as
soon as is possible. The appealing party shall have the burden
of proof to show that the Chiefts action was arbitrary, or is not
supported factually. If the Mayor and Common Council find, after
hearing the said matter, that the action of the Chief in suspend-
ing the permit, was justified, it shall order the permit suspended
or revokedA The action of the Mayor and Common Council shall be
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final and conclusive.
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An Order of Suspension from which an appeal is taken as
herein provided shall be of no force or effect until such appeal
is fully determined~
SECTION TWENTY-FOUR: Penalty. Any person, firm or
corporation violating any of the provisions of this Ordinance
shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not exceeding $500.00 or by
imprisonment for a term not exceeding six months, or by both such
fine and imprisonment.
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SECTION TWENTY-FIVE: Repeal. Ordinance No. 2058,
Sections 610, 611 and 613 of Ordinance No. 821 and all other
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1 ordinances or parts of ordinances in conflict herewith, are hereby
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SECTION TWENTY-SIX: Validity;
If any section, subsection,
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sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect
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7 the validity of the remaining portions of this ordinance. The
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Common Council hereby declares that it would have passed this
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Ordinance and each section, subsection, sentence, clause and
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phrase hereof, irrespective of the fact that anyone or more of
the sections, subsections, sentences, clauses or phrases hereof
be declared invalid or unconstitutional.
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I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San Bernar-
dino at a~./ ~""~~~'/~.L)meeting thereof, held on the
:z<..(day of /t~~.:z, .,~9 8 by 'be following vo<e, <0 wi"
AYES: Coun ilmen
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~:~ v~<,fi.r-<./
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NOES:
ABSENT:
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d~ ~ ti7~
0f City Clerk
The foregoing ordinance is hereby approved this ,;z -'!.... /
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day of ~~z/..,
, 1968.
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Mayof."he ~~ t!' ~dlnO
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Approved as to form:
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{ti:it:!#~,.c:-
~ty orney
5_ ED
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