1966/11/179794
City Hall~ Anaheim~ California - COUNCIL MINUTES November 15~ 1966~ 1:30 P.M0
Conference in Las Vegas, Nevada. MOTION CARRIED.
ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Schutte seconded
the motion. MOTION CARRIED.
ADJOURNED: 3:15 P.M.
SI GNED
Deputy City Clerk
City Hall~ Anaheim~ California - COUNCIL MINUTES - N~vember 17~ 1966~ 5:00 P.M.
Special Meeting of the City Council was called by Mayor Krein for
the purpose of considering the following:
1. Why Conditional Use Permit No. 186 should not be revoked.
2. Why the encroachment permit on the Melodyland Sign located at Freed-
man Way and Harbor Boulevard should not be revoked.
3. To consider any other legal means to prevent the continued showing of
"Vive Les Girls" Show at Melodyland Theatre.
PRESENT:
ABSENT:
PRESENT:
COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein.
COUNCILMEN: None.
CITY MANAGER: Keith A. Murdoch.
CITY ATTORNEY: Joseph Geisler.
CITY CLERK: Dene M. Williams.
CHIEF OF POLICE: Mark A. Stephenson.
Mayor Krein called the meeting to order and requested Chief of
Police Mark A~ Stephenson to report on conversation held with the Manager
of the Melodyland Theatre prior to the staging of the Vive Les Girls Show.
Chief Stephenson reported that he was informed by the City Attorney
that the City Council desired to have the Vive Les Girls Show investigated,
and as result, a meeting was arranged and held in his office October 27, 1966,
with Mr. Harry Zevin, General Manager of the Melodyland Theatre, City Attorney
Joseph Geisler and himself.
Chief Stephenson further reported that the show was discussed at
length and Mr. Zevin indicated that it would be his recommendation to the
producers that it be staged with proper attire° During the meeting Mr.
Geisler advised Mr. Zevin that he had been instructed to stop the topless
show if at all possible, and further informed Mr. Zevin that the theatre
advertising sign was by city permit that could be revoked, and in addition,
the land use permit would be investigated for possible revocation.
The Chief advised that Mr. Zevin assured them that the show would
not be staged with topless attire, but would be staged with proper attire, and
further requested that no press release of the agreement be made, as in his
opinion, it would affect admissions and the advertisement was so prepared
that the show could be staged either way. Further, Mro Zevin advised that
the costumes were so designed that the show could be staged either as
topless or with bras; and thereupon guaranteed that the show would be staged
in accordance with city wishes.'
Mayor Krein requested Mr. Geisler to report on the meeting held
with Mr. Zevin.
Mr. Geisler reported that after discussing the situation with
several members of the City Council individually, and getting the reaction
that the matter of a topless show in the Disneyland area was not in the best
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City Hall, Anaheim~ California COUNCIL MINUTES - November 17, 1966, 5:00 P.M.
interest of the city and would be degrading to the image created in the
City of Anaheim of a family entertainment area, he indicated to Mr. Zevin,
and others, that the City Council has always been very cooperative, and
felt that the Melodyland Theatre was an added entertainment media of the
Disneyland area. One particular instance of cooperation was granting an
encroachment permit to erect a marquee sign on property which is held as
a right-of-way for vehicular access purposes at the intersection of Freedman
Way and Harbor Boulevard.
Mr. Geisler further reported that he was advised that the City
Council felt the Melodyland Theatre should cooperate in keeping the image of
the family entertainment area, and the Vive Les Girls production with topless
attire was not in keeping with this image; if the theatre insisted on staging
the show in a topless fashion, the City Council would remove all area of
cooperation and would hold them strictly to their conditional use permit;
as the City Council did not deem advertising a theatre of this type on city
owned property as in the best public interest; further, the sign permit
would undoubtedly be revoked and revocation of the conditional use permit
considered on the basis that the operation was not in the best public
interest, and was perhaps in violation of specific statutes and ordinances
of the city contrary to the conditional use permit.
Mr. Geisler advised that Mro Zevin stated they were interested
in the cooperation of the city and would accede to the wishes of the City
Council and would stage the show with full coverage of the models; further,
if this was not the case he would so inform him and the Chief of Police.
Mr. Geisler further stated that neither he nor the Chief of
Police were informed of any change of plans, however, he was advised by
their attorney that the decision had not been made.
Mr. Geisler stated he had serious doubts as to whether criminal
prosecution could be brought on the basis of an obscene production; however,
there was a possibility that it is, in fact, in violation of specific
ordinances of the City of Anaheim which are not preempt by State lawo As
to the area of zoning regulations and granting of sign permits, there was no
question in his mind that the City Council had full authority. Mr. Geisler
thereupon explained the necessary procedure required to be followed in
revocation of the conditional use permit and sign permit.
Mr. Geisler further reported that the Chief of Police had expressed
on several occasions the difficulty that would be encountered in keeping
topless entertainment activities out of all the bars, restaurants, hotels
and motels in the City of Anaheim, and permit it at Melodyland Theatre.
In again reviewing the legal procedures available to the City
Council, Mr. Geisler stated that although there was no assurance of
success, the City Council could authorize his office to bring a civil
action to restrain the production of the show°
Mayor Krein requested an expression from each Council Member.
Councilman Dutton stated he found himself in a conflict of two
principles, as on one hand he felt it was a persons right to view whatever
he pleases and a right to conduct a legal business; however, on the other
hand, he would always do everything to promote what is best for the City
of Anaheim. Regarding this particular show, he could not grant the right
to show itat Melodyland Theatre and deny it to another, and based on his
experience in the restaurant business, in his opinion, this would result
in a regression not only here but in bars throughout the city, thereby
creating additional police problems~ As an example, Councilman Dutton
referred to fashion shows that were started in restaurants.
Councilman Dutton noted the millions of dollars expended by
Disneyland and others in the area, and the millions of dollars expended
by the City of Anaheim in building a Convention Center, all of which was
pitched to a family entertainment image°
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City Hall, Anaheim~ California - COUNCIL MINUTES - November 17: 1966~ 5:00 PoMo
In conclusion, Councilman Dutton advised that he for one, would do
everything possible to discourage this type of show~
Councilman Pebley stated he agreed one hundred percent with the
position taken by Councilman Dutton. He further stated that it was his
understanding that the directors and officers of the Visitors and Convention
Bureau met with officers of the Melodyland Theatre in an effort to discourage
this type of show.
Councilman Pebley further advised that his concern was that if
this was permitted at Melodyland, what would prevent it at the Crest Hotel,
The Lancers and the Disneyland Hotel.
Mro Carl Karcher, one attending the meeting referred to by Council-
man Pebley, advised that the meeting was attended by some of the State Repre-
sentatives and also the Clergy, for the purpose of making known that they
were opposed to this type of show coming to the City of Anaheim. He further
reported that Mr. Zevin advised that they had taken the necessary steps to
cover the girls if this was the desire of the City.
Councilman Schutte stated that he was hospitalized at the time of
learning that the show was scheduled in Anaheim; however, he contacted the
Mayor, Mayor Pro Tem and City Attorney, and was advised by the City Attorney
that the show would be conducted with proper attire. Councilman Schutte
further advised of his opposition to the show as presently staged.
Councilman Chandler stated that his remarks were not based on his
personal desires or what he personally thought, but his position of creating
laws placed him in a position to conform to them, this being a land of law
and order, and noted that the statement was made that there was nothing
the City Council could directly do about the show. Reference was made to
Supreme Court rulings wherein nudity has been upheld practically throughout
the United States.
Councilman Chandler further advised that if a constitutional
ordinance was written barring nudity in the City of Anaheim, he would
support it. However, if the show could not be closed immediately based
on nudity and the exact situation, he did not feel a business should be
closed based upon a conditional use permit or the threat of revoking a sign
permit just because the Council personally does not like what is going on,
because if it is a legal business, it is a legal business.
In conclusion, Councilman Chandler again stated, if the City could
pass a constitutional ordinance barring nudity in the City of Anaheim, he
would back it to the degree.
Mayor Krein stated that Councilman Dutton covered completely his
feelings in the matter, and further stated that the aftermath of such a
show could be costly to the City, although it may be true a law to prohibJ~t
such showing cannot be adopted by the City Council, in his opinion everything
should be done to make it clearly known that the City does not approve of
this kind of entertainment.
Mr. Charles Schlegel, Attorney representing the producers of the
show, requested permission to address the Council, and on motion by Councilman
Dutton, seconded by Councilman Chandler, said permission was granted. MOTION
CARRIED.
Mr. Schlegel advised of the one meeting held with his client prior
to this meeting, and further advised that no one wanted to incur the dis-
favor of the City Council in the community where it does business.
Mr. Schlegel reported on the producers attempt to find an area
of entertainment acceptable to the community which would be supported by
attendance, and in an effort to show the diversity of programs, he named
some of the productions shown. He advised that according to the reviews,
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City Hall1 Anaheim1 California - COUNCIL MINUTES - November 17~ 19661 5:00 P.M.
it is indicated that the present show would be a success°
Mr. Schlegel was of the opinion that no act of the producers
or the performers was unlawful per se; that the show is not illegal. Reference
was made to other cities in the county that have approached the "topless
go-go girl" problem by ordinance, and Mr. Schlegel stated there is an area
of successful legislation as it pertains to permits and licenses that can
be reviewed by the City Council, whereby this can be curtailed.
He further stated that apparently the city legal counsel has
advised the City Council that the show is not illegal, and apparently the
City Council feels that his clients have not cooperated with the city and
that certain steps should be taken to penalize them and on this theme the
City Council could move against the Melodyland Theatre, if the Council was
dissatisfied with any performance suggested for the theatre.
Mr. Schlegel reported that the next three shows were "The Wizard
of Oz", "The King Family" and "Johnny Carson", and in between these per-
formances, there will be youth rallies for Christ, church functions,
school system symphonies and meetings of various individual groups.
Mr. Schlegel advised that the position of his clients in that the
show has been co~rnnitted, contracts have been let and the show is not
immoral. It was noted that invitations were sent to the City Council to
attend the show, and further, it was hoped that the City Council would
accept the invitations~
Mr~ Schlegel reported that according to information received
from Mr. Danny Dare, one of the producers of the show, that approximately
two months ago, before any advertised publicity, and on his own volition,
he called and arranged an appointment with the Chief of Police to advise
that a Las Vegas show was comming to this area; further, Mr. Zevin
advises that the city made clear their position on the matter and what
steps they could take; apparently there is a misunderstanding, as Mr. Zevin's
testimony was pretty diametrically opposed as to what was reported said at
this meeting.
The fact that the show is presented with the breasts of the
chorus girls exposed, is a problem that the Council apparently feels is
a lack of cooperation on behalf of his clients. The show being a contracted
show, is staged without any deviation throughout the country, and there is
a natural resistance on the part of the people who own the show to make
any changes.
Mr. Schlegel was of the opinion that if the City Council took
action entirely on the basis of information at hand, they would be doing
a disservice to ~i e clients, and was of the further opinion that an ordinance
such as the one adopted by the City of Fullerton, should be considered as
this was a legislative matter°
Mayor Krein stated that his question was as to why the management of
the Melodyland Theatre had agreed to do something and then didn!t do it;
they didn't even advise that they could not keep the agreement.
Mr. Schlegel stated that he could not argue that. The Council was
presented direct evidence today of an unequivocal promise to cover the
show girls, howeveq this was not what his client had advised him. It was
his understanding that this was to be determined by the producers after
the costumes arrived. Further, it was his opinion, that the majority of
the Council would approve this type of show in Las Vegas, but not in a
convention area such as Anaheim, and if this was the case, an ordinance
should be enacted giving the Council licensing powers to regulate what can
and cannot be produced. Mr~ Schlegel further advised that the theatre
arts were different than those staged in an open area, and gave as an
example the Knott's Berry Farm and the Disneyland amusements. Reference
was made to the show "The Moon is Blue" and others, and Mr. Schlegel asked
if they could expect to be faced with possible revocation of the sign permit
with an obscenity in a play that is a part of the total package, but does
not outrage public decency in the eyes of the law.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - November 17~ 1966~ 5:00 PoMo
Mr. Schlegel stated he had not realized that the position with the
City Council was that Mr. Zevin had irrevocably committed both the producers
and the show, and whether or not the City Attorney and Police Chief felt he
had the power to do so.
Councilman Pebley, in defense of the Chief of Police and City
Attorney, advised that over two months ago the Council individually advised
the Chief and City Attorney that they did not want this type of show at
Melodyland.
Mr~ Schlegel stated there was no question in his mind that the
Chief and the City Attorney reported the conversations as they understood
them; however, in all fairness, the manager of the theater should also be
heard.
Discussion was held by the City Council and City Attorney, and
Mr. Geisler stated that the City of Anaheim was fortunate in that there has
been an ordinance on the books for many years regulating entertainment by
requiring permits, and by such regulation "topless go-go girls" have not been
permitted in Anaheim. However, regarding the Melodyland Theatre, regulation
is entirely different, as this is an activity subject to zoning provisions
and an activity granted by conditional use permit as a use compatible with
the area. Reference was made to investments in the area including the
city's fourteen and o~e-half million dollar investment in the Convention
Center, and the fact that conventions have been sold on the basis that this
is a family area, and the entertainment is geared to families.
Further, the City Council felt that the Me!odyland Theatre adds
to the area, and on that basis granted an encroachment permit for the marquee
sign, with the finding that it was for the benefit of the city and general area.
If the Theatre is now showing "Virginia Wolf" and "Vive Les Girls" and who
knows what in the future, in an area where many millions of dollars have
been spent by others as well as the City of Anaheim to create a public image,
Mr. Geisler felt the City Council had the power to revoke the conditional
use permit on the basis that the exercise of the conditional use permit was
not in the best public interest, and that they were not, in fact, complying
with the requirements of the Code. Further, the City Council certainly has
the power to revoke the encroachment permit for the marquee sign on the basis
of cooperation; if they refuse to cooperate with the city, the city certainly
has the right to refuse cooperation to them° Mr. Geisler noted that the
profit Melodyland may make on such a production could be to the detriment
of others, and the City Council represented the city and not a particular
business.
Discussion was held between the City Council and City Attorney,
as to how the conditional use permit could be amended to preclude further
productions which might be considered a detriment to the city in general
or to the investments of other people,
Councilman Schutte reported attending a meeting this date wherein
thirty-one Orange County Cities were represented, and advised that they
were unanimous with their support to prohibit this type of entertainment in
Orange County.
Mr. Schlegel asked, if when reference was made to "this type of
entertainment" were they correlating this type of entertainment with the
go-go girls as there was a great difference, this being a stage production
owned by partic~lar parties and shown ali over ti~e world°
Mr. Geisler advised that it was his opinion that the City Council
could legally revoke the conditional use permit on the basis of public
interest and incompatibility of use in the area°
Mr. Schlegel stated that before the City Council exercises the
power referred to, in his opinion the entire area of complaint should be
thoroughly studied°
Mr. Geisler again reviewed the two factors under consideration,
one being the area of cooperation whereby the City Council has the right to
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City Hall1 Anaheim1 California COUNCIL MINUTES - November 17~ 196~, 5:00 P.M.
eliminate the sign advertising the theatre which is located on city property;
and secondly, through a public hearing and consideration of all items and
receipt of evidence from others in the area, the City Council would then
determine disposition of the conditional use permit.
Councilman Dutton moved that a public hearing be scheduled
November 28, 1966, 2:00 O'Clock P.M., to show cause whY Conditional Use
Permit No. 186 should not be revoked. Councilman Pebley seconded the
motion.
Roll call vote was called for:
AYES: COUNCILMEN: Dutton, Pebley, $chutte and Krein
NOES: COUNCILMEN: Chandler
Regarding the "No" vote on the above action, Councilman Chandler
advised that if he had a law to enforce, he would enforce it; however,
he disapproved of the method being used. MOTION CARRIED.
On motion by Councilman Dutton, seconded by Councilman Pebley,
the City Attorney was instructed to take necessary action to institute
removal of the sign.
Roll call vote was called for:
AYES: COUNCILMEN: Dutton, Pebley, Schutte and Krein
NOES: COUNCILMEN: Chandler
(Councilman Chandler repeated statement of position as noted
on previous action).
MOTION CARRIED.
ADJOURNMENT: Councilman Dutton moved to adjourn. Councilman Pebley seconded
the motion. MOTION CARRIED.
ADJOURNED: 6:15 P.M.
City Clerk