§9-704. Motion Pictures. [607]


(1) Definitions.

(a) Obscene. That which, to the average person applying contemporary community standards, has, as its dominant theme, taken as a whole, an appeal to prurient interest.

(2) Prohibited Conduct.

(a) Operating without a license. No person shall exhibit any motion picture within the City unless he has obtained a license from the Department of Licenses and Inspections.

(b) Obscene, false or misleading advertising. No person shall permit the display of any picture or other form of advertising on premises used to exhibit any motion picture, which is obscene or which is false or misleading as to the nature of the motion picture being exhibited. Each day that a person permits the display of any obscene, or any false or misleading picture or other form of advertising shall constitute a separate violation.

(3) License.

(a) No license shall be issued unless:
(.1) the applicant’s facilities for the exhibition of motion pictures comply with Title 5;[608]

(.2) the applicant has paid a license fee of $150. per motion picture screen.[609]

(b) All licenses shall be conditioned on continued compliance with Title 5.[610]

(4) Exemptions. Section 9-704(2)(a) shall not apply to any motion picture exhibitions at a church or other place not devoted to the business of such exhibitions, but compliance with Chapters 5-2300 and 5-2400[611] is nevertheless required.