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October 26, 1970~~~ MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 26TH DAY OF OCTOBER, 1970. The City Council of the City of West Memphis, Arkansas, mat in special session at its regular meeting place in Weat Memphis, Arkansas, at 2:00 P.M. on the 26th day of October, 1970. The following were present: Mayor Tilden Rodgers, presiding, and Aldermen: R. C. Bowie, H. R. Dsbbs, Pritchard Horton, C. D. Hutcherson, 8. L. Mellott, R. L. Smith, F. C. Weis, and R. T. Bentley; and City Attorney R. E. Wallin. Absent: None. Notice for Special Meeting was as follows: NOTICE T0: R. T. BENTLEY R. C. BOWIE H. R. DABBS PRITCHARD NORTON C. D. HUTCHERSON B . L . MALLOTT ROBERT SMITH F. C. WEIS, ALDERMEN, CITY OF WEST MEMPHIS You are hereby notified there will be a Special Meeting of the Council of the City of Weat Memphis at 2:00 P.M. Monday, October 26, 1970, in the City Hall in Weat Memphis, Arkansas, for the purpose of considering the Review Board Ordinance. Witness our hands this 21st day of October, 1970. /S / R . C . BOWIE PRITCHARD NORTON B . L. MALLOTT F. C. WEIS ATTEST: /S/ CHARLES F. DEGRAFF, CITY CLERK NOTICE ACCEPTED: %S / B . L . MALLOTT PRITCHARD NORTON R. C. BOWIE F. C. WEIS ROBERT L. SMITH C. D. HUTCHERSON R. T. BENTLEY H. R. DABBS vkttltt~c~Ir~Mk~k~r Mayor Rodgers announced the purposi of the meeting was consideration of an ordinance pertaining to establishing a Review Board. Thereupon, motion was made by Alderman Smith, seconded by Alderman Bentley: That the ordinance entitled "An Ordinance Creating The Weet Memphis Board Of Review; Defining Its Duties; Declaring An Emergency, And For Other Purposes" presented on October 15th be approved. The ordinance was read in full by City Attorney Wallin. Motion was made by Alderman Bowie, seconded by Alderman Mellott for a five minute recess, the motion was adopted. After the recess, the Mayor called the meeting to order, and requested comments from the Council and audience of approximately 65 persona. Mr. Harry Lesco of 817 Pryor stated he had been elected spokesman for a group favoring the ordicutnce as read, and presented the following Petition with 1045 signatures: PETITION We the undersigned, all being residents of Weat Memphis, Arkansas, are vitally interested in the growth and progress of our Community. It is our opinion that our City is in very bad need of some type of Board of Review relative to entertainment being promoted within our Community at present and in the future. We therefore request and strongly urge our Citq Council to immediately pass an ordinance to thin effect without further delay. On November 3d, we will support candidates for public office who take a firm stand toward the formation of this Board. Mr. Leso also presented the following Petitions signed by 52 youths of the City: PETITION As a Group Of Interested Youth, who care about the type city in which we live, wa hereby express our disapporoval of any business or entertainment in our city that would degrade the morale and standards of this community. We also earnestly beseech the City Council to take whatever steps necessary to prevent the operation of such business houses by the formation of essential Review Board and other such action deemed wise at this time. i~i'c_ 3~ We as the teenagers of West Memphis Do Not want a burlesque show in our town at all! We want some kind of good clean fun such ae a bowling alley, skating rink, or a larger community center. ~rt~t,~ Alderman Weie informed the Council and audience an ordinance had been prepared establishing a Review Board with minor changes. Alderman Mellott requested the ordinance se prepared cy Alderman Weis be read. Due to the length of the ordinance, comparisons were made by City Attorney Wallin as follows: Section 1 Original Ordinance 15 Members - Proposed Ordinance CounciLan shall appoink one member of said Board, and the Mayor appoint one member. Section 2 Terms of Office Right of member of Council to remove at any time any member of the Board of Review appointed by him and the same authority given the Mayor relative to the Mayor's appointees deleted from the proposed Ordinance. Section 4 Police Powerat Free Admission deleted from the proposed Ordinance. ,A~lydtt~ Matters pertaining to the proposed ordinance were discussed at length by the Mayor, Aldermen, Attorney C. B. Nance; Jr. on behalf of the owners of the Avon Theatre, and the foll wring parsons in the audience: Harry Leaco, Bill Cheek, R. G. Friday, Malcolm Scott, Doyle Crawford, Steve Williams, Mra. Goldie Bassett, and Mra. Lena Henry. Alderman Mellott, seconded by Alderman Bentley called for the question. Upon roll call vote, the voting was as follows: Aye: Aldermen: Bowie, Dabba, Horton, Hutcherson, Mellott, Smith, iieis, and Bentley. No: None. Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was than read the second time by the City Attorney. Alderman ;SsiEh::r.;, seconded by Alderman Hutcherson then moved that the rule requiring the reading of an ordinance in full on three different days be further auapended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: Bowie, Dabba, Horton, Hutcherson, Mellott, Smith, Weis, and Bentley. No: None. The Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule auapended. The ordinance was then read the third time by the City Attorney. Alderman Mellott, seconded by Alderman Bentley, moved that the ordinance be adopted. The question wan put by the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Alderman: Bowie, D3bbe, Horton, Hutcherson, Mellott, Smith, Weis, and Bentley. No: None. Alderman Bowie, seconded by Alderman Horton, moved that Section 17, the emergency clause be adopted, and on roll call the following voted: Aqe: Aldermen: Bowie, Dabba, Horton, Hutcherson, Mellott, Smith, Weis, and Bentley. No: None. The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance tahich was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 654. The ordinance read as follows: ~~ ., ORDINANCE NO, ~ AN ORDINANCE CREATING THE WEST MEMPHIS BOARD OF REVIEW; DEFINING ITS DUTIES; DECLARING AN EMERGENCY, and FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: Section 1, In order to protect the morals, sense of decency and peace of the residents of the City, especially those under legal age, a Board of Re- view is hereby created consisting of fifteen (15) members, Each Council- man shall appoint one (1) member of said Board, and the balance of said members shall be' appointed by the Mayor, All appoiflteea shall be qualified electors of the City of Weat Memphis, and. shall be appointed by Jamury tad. . of each year, in order that the new Board may be officially organized in January of each year; Section 2. Terms of Office: The terms of the members of the said Hoard shall be one (1) year Bach and shall expire on the 31st day of December of each year. Each member of 'the City Council shall have the right to remove, at any time, any member of the Board of Review appointed by him and the same authority is hereby given the Mayor relative to the Mayor!& appointees to said Board, Any appointment to fill a vacancy on the said Board of Review shal~be for the unexpired term of the said vacancy; Section 3, Chairman of Hoard: The Board of Review so appointed shall, within ten (10) days after the organization of the new Board each year; meet and elect a Chairman and a Secretary of the Board from its members; Section 4, Police Powers; Free Admission: The members of the Board shall be sworn in as a regular member of the West Memphis Police Department and shall have police power in carrying out the provisions of this ~~s article, The members of the Board shall receive no pay for their aer- vices. Each member shall be furnished free of charge by the City, a card showing membership on the Board which they shall return to the Police Department upon retirment from the Board. The card shall entitle the members of the Board to enter freely any building, tent or place where any performance or exhibition is held which is within the jurisdiction of the said Board, to investigate in the enforcement of this article. The management shall furnish a seat or seats to the members of the Board and the City shall make no paynfent for; seats used by the Board; Section 5. Rules and Regulations; Approval; Public Hearing. The Board of Review shall have power to formulate and adopt such rules and regulations as may be necessary to assist it i.n carrying out the duties provided in this Ordinance. Such rules and regulations shall be approved by the City Council after a public hearing has been held thereon, two weeks notice of which shall be given and when so appro)ed by the City Council, shall have the force and effect of law; Section B. Duties: Under the direction of the Chairman, the mem- begs of the Hoard shall, in rotation as near as possible, singly or in groups of not more than four (4), review all attractions offered to the public in the various moving pictures, vaudville and other theaters, play- houses, houses of exhibition, circuses, carnivals, street shows and all exhibitions and performances offered to the public. Every performance of each show may be reviewed should the Chairman deem it necessary; Section 7, Special Service By Members of the Board; Defined; Rotation; Service by three (3) members of the Board where a unanimous deciaio.n is required shall be known as Special Service. The Secretary of the Board shall prepare in alphabetical order, a list of the members of iacR! the Board which he shall correct as often ae cha.nges occur in the member- ship. When the Chairman of the Hoard shall deem Special Service necea- sary, he shall call names from the top of said list for Special Service; said service shall be designated on said list in order that Special Service can be rotated and no member shall be called upon for aubaeque.nt Special Service until all ml~mbera have served; Section 8, Jurisdiction -Pictures and Display. The Board of fte- view shall have the authority to examine pictures shown to the public, whether for sale or not and pll advertiai.ng and window displays and shall order removed from any public exhibition any picture or window display which violates the provisions of this ordinance; Section 9, Publications. The Board of Review shall have the autho- rity to examine papers, magazi.nea, books and other publications offered for sale in the City a.nd order excluded from sale, any of the same which they find violates the public sense of decency, morals and propriety, or which might lead those under legal age into delinquency; x. Section 10. Minors; Exclusion of Publications Detrimental To, The Board of Review shall pass on publications at meetings called by the Chairman, provided a quorum of a majority of all members of the Board are present. In passing upon publications, the Board may, upon a vote of two-thirds (2 /3) of those present, immediately exclude from sale, any publication it deems violates the public sense of decency, morale a.nd propriety or which might contribute to the delinquency of minors; Section 11. Newspaper Advertiaeme.nta of Entertai.nme.nta to Indi- cats Type of Entertainment. All newspaper: advertisements, advance or otherwise, of every type of entertainment, shall carry a notation whether appropriate for children, family or adults only, in accordance with atandarda published in Motion Picture Association of America, or other publications F~re_)(7 selected by the Board. Any person publishing or displaying any such advertisement without such notation shall be guilty of a miademeanar a.nd upon having been found guilty of such violation shall be fined .not less than $25.00, nor more than $50.00 and each and every day said violation continues shall constitute a separate offense; Section 12. Violations -.Procedure for Correction; Failure to Correct. Whenever three (3) members of the Board shall have examined` or reviewed a.n exhibitio.n or performance of any kind; and shall have una.nimouely found that any part of it is iq violation of -this article, they- shall report the same to the management of the place where said exhibition or performance is held and order the unlawful part part or pasta excluded from future shows, If the management does not agree with the reviewers or fails to exclude such part or parts after so ,agreei.ng, the Reviewers shall report the same to the Chief of Police who shall have the authority and will close the place or show or exhibition until a lawful program fa offered., No member of the Board pf Review shall act under the proviaio.ns of this Section more than one time in any one calendar year until all members of said Board have so acted during the said year; Section 13. Same -Defined. It shall be unlawful for any #heater, play-house, circus, carnival or other exhibition performance or any merchant, store or advertising company, or~any publisher, or retail seller to sell, exhibit, or offer for sale or exhibition, any picture, moving picture, show, play, attraction, carnival, act, book,. magazine; paper, advertising display, or any act, scene or part thereof that is indecent, im- moral, obace.ne, profane, licentious, lewd,.. or against public morale, Section 14. Same - ShoWe and Exhibitio.ne; Penalty. It shall be un- lawful for any person operating, managing, controlling or owning any motion picture show, vaudeville, or other theater, playhouse, house of exhibition =~'~:~ n ._ ; r circus, carnival, street show, or any other performance or exhibition to exhibit or attempt to exhibit any motion picture or part then eof, v; ads- , - ville, or other performannee which is in violation of this article or - ~h has been disapproved a.nd unanimously declared unlawful by three (3) members'of the Board o.f Review acting in special service. Such violation shall co.natitute a misdemeanor and shall be punishable by fine of not leas than $50, OO .nor more than $200, 00, Each time a picture film, or part thereof, vaudeville or 'other performance or part thereof shall be exhibited after the same has been diea~pproved and declared unlawful unanimously by_ t hree members of the Board acting i.n special service shall be considered a separate offense, constitute a misdemeannor and shall be punishable by fine of not less than $50.00 .nor more than $200. d0, Section 15. Same -Participants in Show a, etc. ; Penalty. It shall be unlawful for any person to participate in or take part in any exhibition or performance in violation of fhia article, or which has been unanimously de- clared unlawful by three or mote members of the Board of Review, Such violation shall constitute a misdemeanor, and shall be punishable by a fine of .not less than $25.00 .nor more than $50, 00, Each performance or showing by those participating therein after same has unanimously b.'.Rn declared un- lawful by three (3) or more members of the Board of Review, shall be considered a separate offense, contitute a misdemeanor, and shall be punish- able by a fine of not lees than $25.00 nor more than $50. 00, Section 18. Same -Exhibition of Pictures; Penalty. It shall be un- lawful to exhibit publicly a picture or pictures, whether for sale or .not, in violation of this article. Such violation shall co.natitute a miademea.nor and shall be pu.niahable by a fine of not leas than $25.00 .nor more than $50.00, Section 17, Emergency Clause. It is hereby found by the City Council of the City o.f West Memphis that in order to protect and safeguard the sense of decency, peace, safety, health and welfare of the inhabitants of the City of West Memphis, and especially those under legal age, an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage and approval. Passed this 26th day of October 1970. CITY OF WEST MEMPHIS, ARKANSAS APPROVED• t c.,p 'J MAYOR -- VETO: MAYO R ATTESTs__ ~ ~ ;' ~ ~i rl< ~~ ' ~K~~~ CITY CLERK !j' _. Motion was made by Alderman Mellott, seconded by Alderman Weis: That appointments to the Review Board be made at this time. Upon vote, the voting was as follows: Aye: Aldermen: Bowie, Dabbe, Horton, Hutcherson, Mellott, Smith, Weis, and Bentley. No: None. The following appointments were made: Alderman Smith John Wood, 228 Gibson Alderman Hutcherson Pasa Alderman Mellott Robert Barfield, 211 S. Center Alderman Bentley Pase Alderman Bowie Mrs. Lena Henry, 509 N. 16th Alderman Horton W. H. Johnson, 528 Burns Alderman Dabbs Pasa Alderman Weia Mra. Allen Thompson, 210 Roosevelt Mayor Rodgers Mra. R. E. Wallin, 1010 Rich Road Mayor Rodgers stated he would complete hie appointments on October 27th, aad requested the Aldermen to present their appointments on October 27th. Nb~further business being presented, the meeting was adjourned. ~tix~ ~C~~,,. MAYOR ~. -~ _y ,~' ~> ATTB T:---' CIT APPROVED: NOVEMBER 5, 1970