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HomeMy WebLinkAboutObscene Motion Picture Films and Publications267 RESOLUTION WHEREAS, on the 14th day of June, 1983, the Board of Commissioners of the City of Paducah adopted Ordinance No. 83-6-2388 declaring the commercial exploitation of obscene motion picture films and obscene publications to be contrary_to the public health, safety, and general welfare, and a public nuisance, and WHEREAS, on June 22, 1983, Officer Kermit Perdew visited a business located at 243 Brown Street, Paducah, Kentucky, known as Tammy's Book-Store ,. and WHEREAS, at that time said officer observed motion .pictures, magazines, and other material which taken as a whole the appeal to the average person is to the prurient interest and the matter, taken as a whole, lacks any redeeming social importance, and WHEREAS, on July 2, 1983 Officer Kermit Perdew returned to the place of business known as Tammy's Book Store and purchased the following material: "EROTIC INTERLUDE", (Where one man's woman is another man's pleasure), a video tape (Beta); and "BACK DOOR" NUMBER TWO ("Come with us on a Journey and see just how much fun,-anal sex can be!"), and WHEREAS, on July 10, 1983, Officer Kermit Perdew again went to the premises of Tammy's Book Store and purchased the following material: "THE FILTHY RICH" (the secret pleasures of those who have it made), a video tape (Beta)•, and "MR/MRS" ("he had this thing for women's clothes.), and WHEREAS, the Board of Commissioners conducted a public hearing on August 3, 1983, at the hour of 1:00 p.m, at which time the Board of Commissioners reviewed all of the above mentioned materials. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THEJCITY OF PADUCAH, AS FOLLOWS: SECTION 1. The Board of Commissioners hereby finds the following facts: On July 2, 1983, the place of business-located at 243 Brown Street, Paducah, Kentucky, known as--Tammy's Book Store, sold the following materials: Caballero Control Corporation Presents "EROTIC-INTERLUDE", (Where one man's woman is another man's pleasure). A video tape (Beta.) with approximate running time of 84 minutes. This material contains numerous explicit scenes of sex acts between males and fe- :males, females and females,. including natural and contorted sexual intercourse, felatio and cunnilingus. The Board of Commissioners after reviewing said material on August 3, 1983, finds that- said-material is obscene under the, ordinances of the City of Paducah and the statutes of the Commonwealth of Kentucky, in that the matter taken as a~whole, the .predominant appeal to the ;average person, applying contemporary community standards, is to the prurient interest. The material, taken as a whole, goes substantially beyond customary limits of candor of des- cription and representation of such matters and, taken as a whole, the material is utterly without redeeming social importance. SECTION 2. The Board of Commissioners hereby finds the following facts: On July Z, 1983, the place of business located at 243 Brown Street, Paducah, Kentucky, known as Tammy's 268 Book Store, sold the following materials: "BACK DOOR" NUMBER TWO ("Come with us on a Journey and see just how much fun, anal sex can be!") from the publishers of Swedish Erotica Magazines and Books. A 36 slick-page magazine containing color photographs in an explicit manner, sexual relations between men and women, including sexual intercourse (both natural and contorted) and acts of cunnilingus and felatio, and anal intercourse. The Board of Commissioners after reviewing said material on August 3, 1983, finds that said material is obscene under the ordinances of the City of Paducah and the statutes of the Commonwealth of Kentucky, in that the matter taken as a whole, the predominant appeal to the average person, applying contemporary community standards, is to the prurient interest. The material, taken as a whole, goes substantially beyond customary limits of candor of description and representation of such matters and, taken as a whole, the material is utterly without re- deeming social importance. SECTION 3. The Board of Commissioners hereby finds the following facts: On July 10, 1983, the place of business located at 243 Brown Street, Paducah, Kentucky, known as Tammy's Book Store, sold the following material: Swedish Erotica presents (distributed by Caballero Control Corporation) "THE FILTHY RICH" (the secxet pleasures of those who have it made). A video tape (Beta) with approximate running time of 80 minutes. The material contains numerous explicit scenes of sex acts between males and females, including natural and contorted sexual intercourse, felatio and cunnilingus, and masturbation. The Board of Commissioners after reviewing said material on August 3, 1983, finds that said material is obscene under the ordinances of the City of Paducah and the statutes of the Commonwealth of Kentucky, in that the matter taken as a whole, the predominant appeal to the average person, applying contemporary community standards, is to the prurient interest. The material, taken as a whole, goes substantially beyond customary limits of candor of description and representation of such matters and, taken as a whole, the material is utterly without re- deeming social importance. SECTION 4. The Board of Commissioners hereby finds the following facts: On July 10, 1983, the place of business located at 243 Brown Street, Paducah, Kentucky, known as Tammy's Book Store, sold the following material: "MR/MRS" (he had this thing for women's clothes.) From the publishers of Swedish Erotica magazines and books. A 36 slick-page magazine containing color photographs depicting in an explicit manner sexual relations between men and women, including sexual intercourse (both natural and contorted) and acts of cunnilingus and felatio. The Board of Commissioners after reviewing said material on August 3, I983, finds that said material is obscene under the ordinances of the City of Paducah and the statutes of the Commonwealth of Kentucky, in that the matter taken as a whole, the predominant appeal to the average person, applying contemporary community standards, is to the prurient interest. The material, taken as a whole, goes substantially beyond customary limits of candor of description 269 and representation of such matters and, taken as a whole, the material is utterly without re- deeming social importance.. SECTION 5. The Board of Commissioners of the City of Paducah hereby finds that the business known as Tammy's Book Store is owned and operated by Investment Entertainment, Inc. with its principal place of business at 243 Brown Street, Paducah, Kentucky. SECTION 6. The Board of Commissioners hereby finds that the business known as Tammy's Book Store is a public nuisance and that all material possessed at 243 Brown Street, Paducah, Kentucky is a public nuisance pursuant to Section 19-152 and 19-153 of -the Code of Ordinances of the City of Paducah. SECTION 7. Tammy's Book Store is located at 243 Brown Street, Paducah, Kentucky, more particularly described as follows: Beginning on the south side of Brown Street at a tack a distance of 94.32 feet in a westerly direction from a southwest intersection of Brown Street and Beltline:Highway-(now IrvinCobb Drive); thence~at a right angle in a south erly direction a distance of 125 feet to an iron pipe; thence at a right angle in a westerly direction a distance of 50 feet to an iron rod; thence at a right angle in a northerly direction a distance of 125 feet to an iron rod on the south line of Brown Street; thence with the south line of Brown Street at a right angle a distance of 50 feet in an easterly direction to the point of beginning. Being the same property in all respects that was conveyed to Investment Entertainment, Inc. by deed dated the 21st day of March, 1983, and recorded in Deed Book 653, Page 239, im the McCracken County Court Glerk's Office. SECTION 8. The Board of Commissioners hereby orders revocation of all licenses and permits that have been issued as a part of the operation of Tammy's Book Store and/or Invest- ment Entertainment, Inc. subject to confirmation by the McCracken Circuit Court in judicial proceedings hereinafter required. SECTION 9. The Board of Commissioners hereby orders the Corporation Counsel to give written notice to all persons associated with 243 Brown Street, Paducah, Kentucky, including but not limited to Investment Entertainment, Inc., all employees-and managers of Tammy's Book Store and/or Investment Entertainment, Inc. to abate the public nuisances immediately by terminating the exploitation of obscene film or films for sale or offering for sale of such publication or causing the same to be terminated. SECTION 10. The Board of Commissioners further orders the Corporation Counsel to proceed as directed under Section 19-156 of the Code of Ordinances of the City of Paducah and to do all things necessary to abate such public nuisance through judicial proceedings and to conclude such proceedings as expeditiously as_ possible under the law. It is ordered that a certified copy of this Resolution shall be served on_the statutory agent of Investment Enter- tainment, Inc., all officers and employees and agents thereof, which can be found within the City of Paducah, that said business has been declared a public nuisance and has revoked the licenses and permits at that place, subject to court confirmation, and that under Section 19-154 of the Code of Ordinances of the City of Paducah they are deemed to have knowledge thereof and are responsible therefor. They shall further be notified that the Board of Com- missioners has ordered the Corporation Counsel as provided under Section 19-156 of the Code of Ordinances of the City of Paducah to commence legal proceedings naming such persons as de- fendants in a civil action to abate the same judicially and to seek recovery in said action of the cost of said abatement, including investigation costs, court costs, attorneys fees, and 270 other expenses and under Section 19-157 of the Code of Ordinances of the City of Paducah. The costs of abateffient are made a special assessment against the parcel of land upon which the business is maintained. The Board~of Commissioners, will, by separate resolution, place a lien against the real property interest or the person responsible for maintaining such nuisance. Said persons are to be further _info:rmed that. all 'obscene motion picture film o-r films or obscene publications being used and maintaining such public nuisance are considered to be contraband and subject to forfeiture.. Said persons are to be further notified that the obscene motion picture film or films or obscene publications which are being used in conducting and maintaining such public nuisance :will be needed at the hearing in court having jurisdiction of legal proceedings brought by t'he Corporation Counsel. Said persons shall further be notified 'that from and after the serving of notice on the place om its managing or acting manager or person then in charge of such place, of a certified copy of Ordinance No. 83-6-2388 of the City of Paducah and a certified copy of this Resolution, any and all monies paid as admission price to exhibitions of such obscene motion picture films, and valuable consideration received for the sale of such obscene publications, shall. be regarded as a public nuisance per accident as personal property used in conducting and maintaining such nuisance, and as being gain derived from a wrongful a.ct, and that forfeiture of same will be requested in the judicial proceedings required herein. SECTION 11. The Board of Commissioners hereby orders that a certified copy of this Resolution and that a certified copy of Ordinance No. 83-6-2388 be delivered forthwith by the Police Department. of t:he City of Paducah, or by certified mail pro- perly deposited with the United States Postoffice to all person of record having any legal or equitable interest in-the real property, and to the regular or acting manager or person in charge of the place therein, declared a public nuisance. SECTION 12. This Resolution is adopted according to law, 'and shall be ef- fective immediately upon its adoption. JOHN K. PENROD Mayor Passed by the Board of Commissioners August 3, 1983 Recorded by Louise McKinney, City Clerk, August 3, 1983.