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4 -40 Outdoor Motion Picture Theaters <br />(a) Legislative Findings. <br />(1) The South Bend Common Council hereby finds that <br />there is a need to develop licensing procedures <br />for the regulation of outdoor motion picture <br />theaters which have previously remained un- <br />regulated at the local level. <br />(2) The Common Council declares that the following <br />licensing procedures are established for the <br />purpose of protecting the public health, safety, <br />and welfare of the community, and more <br />particularly to protect the citizens from visual <br />and audible intrusions which directly affect <br />vehicular safety in the area of such outdoor <br />motion picture theaters. <br />(b) DEFINITION: <br />Outdoor motion picture theaters shall <br />include every place where motion pictures are <br />exhibited to the public and which is not enclosed <br />within a building constructed and equipped in <br />accordance with the building regulations governing <br />structures used for such purposes as contained <br />in the Municipal Code of the City of South Bend. <br />(c) LICENSE REQUIRED: <br />It shall be unlawful t <br />motion picture theater <br />license from the City <br />(d) APPLICATION PROCEDURE: <br />o conduct or operate an outdoor <br />without first obtaining a <br />Controller's Office. <br />(1) Each applicant for a license under this Section <br />shall procure from the City Controller's Office <br />an application for such license. <br />(2) Each applicant shall furnish the following in- <br />formation: <br />a. legal name of applicant and position; <br />b. present address and telephone number of the <br />applicant; <br />C. street address and name of the proposed Out- <br />door Motion Picture Theater; <br />d. zoning of proposed site; <br />e. motor vehicle capacity; <br />f. hours of operation; <br />g. listing of other businesses to be operated in <br />conjunction with the Outdoor Motion Picture <br />Theater at the proposed site; and <br />h. date of issuance and license number of any <br />license issued by the City for food sales. <br />(3) Each completed application for a license under <br />this section shall be accompanied by a site plan, <br />drawing, or diagram showing the location and the <br />layout of the proposed Outdoor Motion Picture <br />Theater. <br />(4) Upon filing of a completed application, the same <br />shall be referred to the following agencies for <br />their review and recommendations: <br />a. To the Police Department for a background <br />check, and noise and screening checks. <br />b. To the Legal Department for verification of <br />zoning, set back requirements, parking, and <br />controlled use regulations. <br />-2- <br />