Loading...
HomeMy WebLinkAboutObscene Motion Picture Films and Publications (2)279 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 July 16, 1983, Officer Kermit Perdew visited a business located at 705 Main Street, Paducah, Kentucky, known as Beltline News and Arcade Club, Inc., 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 16, 1983 Officer Perdew purchased the following material from Beltline News and Arcade Club, Inc.: "Cunt Conspiracy" and "Double Decker", and WHEREAS, on July 23, 1983, Officer Perdew again went to the premises of Beltline News and Arcade Club, Inc. and purchased the following material: "Master, Mistress and Slave", a video tape, and - WHEREAS, the Board of Commissioners conducted a public hearing on September 2, 1983, at the hour of 8:00 a.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 THE CITY OF PADUCAH, AS FOLLOWS: SECTION 1. The Board of Commissioners hereby finds the following facts: On July 16, 1983, the place of business located at 705 Main Street, Paducah, Kentucky known as Belt- line News and Arcade Club, Inc. sold the following materials: "Cunt Conspiracy". This material contains numerous explicit pictures of sex acts between females and females, including oral sex, sexual use of vibratory dildos and cunnilingus. The Board of Commissioners after reviewing said material on September 2, 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, app3ying 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 fo lowing facts: On July 16, 1983, the place of business located at 705 Main Street, Paducah, Kentucky, known as Belt- line News and Arcade Club, Inc. sold the following materials: "Double Decker", from the publishers of Swedish Erotica 1~Iagazines and Books. A 36 slick-page magazine containing color photographs in an explicit manner, sexual relations between two men and women, including sexual intercourse (both natural and contorted) and acts felatio, and anal intercourse. 280 The Board of Commissioners after reviewing said material on September 2, 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 factsc On July 23, 1983,. the place of business located at 705 Main Street, Paducah, Kentucky, known as Beltline News and Arcade Club, Inc. sold the following material: "Master, Mistress and Slave". A video tape (Beta) with approximate running time of 60 minutes. The material contains numerous explicit scenes of sex acts between males and females, including felatio and cunnilingus, and bondage. The Board of Commissioners after reviewing said material on September 2, 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 of the City of Paducah hereby finds that the business known as Beltline News and Arcade Club, Inc. is owned and operated by Beltline News and Arcade Club, Inc. with its principal place of business at 705 Main Street, Paducah, Kentucky. SECTION 5. The Board of Commissioners hereby finds that the business known as Belt- line News and Arcade Club, Inc. is a public nuisance and that all material possessed at 705 Main 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 $. Beltline- News and Arcade Club, Inc. is located at 705 Main Street, Paducah, Kentucky, more particularly described as follows: TRACT N0. 1. One lot or parcel of land situated and -lying in the Thurman, Hughes, Herzog and Bethel Addition to the City of Paducah, Kentucky, in Block 6, being Lot no. 12, fronting 40 feet on Main Street and extending back 135 feet to an alley. Plat of said addition is recorded in Plat Book "A", page 80, McCracken County Court Clerk's Office. TRACT N0. 2. Being Lot No. 13 in Block No. 6 in Thurman, Hughes, Herzog __and Bethel Addition to the City of Paducah, Kentucky, and fronting 39 feet to an alley as shown by plat of said- addition in Plat Book "A", page 80, McCracken County Court Clerk's Office. TRACT N0. 3. Being a part of Lot 14 in Block 6, in the Thurman, Hughes, Herzog and Bethel Addition to the City of Paducah, as shown by plat of record in Plat Book "A", page 80, in McCracken County Court Clerk's Office, and more par- ticularly described as follows: Beginning at the north side of Main Street, common corner of Lots 13 and 14 in Block 6 of the above subdivision; thence in an easterly direction with the north line of Main Street a distance of 21.25 feet more or less to the west line of the Beltline Highway; thence in a northerly direction with the west line of the Beltline Highway a distance of 134.3 feet more or less to the south line of an alley; thence with the south line of said alley in a westerly direction to the northwest corner of Lot 14; thence in a southerly direction with the dividing line between Lots 13 and 14 a distance of 134.7 feet to the point of beginning. Being all of that part of Lot 1.4 in Block 6 not conveyed to the Commonwealth of Kentucky for the Beltline Highway as set out in Deed Book 392, page 357. This being the property acquired by Bobby Wayne Williams and Woodrow Williams as equal tenants in common by deed of Issac R. Thorpe and Esther Peterson and husband, filed April 12, 1982 at 10:10 a.m., and recorded in Book 644, page 685, County Court Clerk's Office, McCracken County, Kentucky. SECTION 7. The property located at 705 Main Street, Paducah, Kentucky is owned by Bobby Wayne Williams and-wife, Janie Williams, of Route 4~2, Troy, Tennessee. 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 Beltline News_and Arcade Club, Inc. and/or Bobby Wayne Williams and/or Janie Williams, 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 705 Main Street, Paducah, Kentucky, including but not limited to Beltline News and Arcade Club, Inc., Bobby Wayne Williams, Janie Williams and all employees and managers of Beltline News and Arcade Club, Inc., and/or Bobby Wayne Williams and Janie Williams 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 Bobby Wayne Williams and Janie Williams, the statutory agent of Beltline News and Arcade Club, Inc., all officers and employees and agents thereof, which can be found within the City of Paducah, that said business has been de- clared 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 Commissioners 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 defendants in a civil action to abate the same judicially and to seek recovery in said action of the cost of said abatement, including in- vestigation costs, court costs, attorneys fees, and other expenses under Section 19-157 of the Code of Ordinances of the City of Paducah. The costs of abatement are made a special asse- ssment against the parcel of land upon which the business is maintained. The Board of Commissioners, will, by separate resolutions place a lien against the real property interest or the person responsible for maintaining such nuisance. Said persons are to be further informed that all obscene motion picture film or films or obscene publi- cations being used and maintaining such public nuisance are considered to be contraband and 282 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 Y public nuisance will be needed at the hearing in the court having jurisdiction of legal pro- ceedings brought by the Corporation. Counsel. Said persons shall further be notified that from and after the serving of notice on the p-lace or 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 act, 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 the City of Paducah, or by certified mail properly deposited with the United States Postoffice to all persons 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 shall be adopted according to law, and shall be effective immediately upon its adoption. John K. Penrod Mayor Passed by the Board of Commissioners September 2, 1983 Recorded by Louise McKinney, City Clerk, September 2, 1983. v I _ _