Motion Picture Daily (Jan-Mar 1934)

Monday. March 19. 1934 MOTION PICTURE DAILY Manual on Clearance and Zoning Text of the manual of procedure for clearance and zoning boards, as officially released by Code Authority on Saturday: I Appointments Pursuant to the provisions of the Code of Fair Competition for the Motion Picture Industry approved by President Roosevelt on November 27th, 1933, the Code Authority of the Motion Picture Industry has appointed the following to act as members of the Local Clearance and Zoning Board and the Secretary of such Board for the Exchange territory, the duration of each of such appointments to be at the will of the Code Authority. 1. Representative of National Distributors with Theatre Affiliation. Mr (City) (State) Associated with 2. Representative of Distributors without Circuit Theatre Affiliation. Mr (City) (State) Associated with 3. Representative of First Run Exhibitors Affiliated. Mr (City) (State) Associated with 4. Representative of First Run Exhibitor Unaffiliated. Mr (City) (State) 5. Representative of Subsequent Run Exhibitors Unaffiliated. (a) Mr , (City) (State) 6. (b) Mr (City) (State) 7. Impartial Representative of the Code Authority. Mr (City) (State) 8. Secretary Mr.-Miss , (City) (State) The members of the Local Clearance and Zoning Board shall meet promptly after their appointment by the Code Authority 'at such time and place as shall be fixed by them. Prior to such first meeting, each member .shall subscribe to the oath in the form attached hereto and shall forthwith transmit such oath for filing with the Administrator, to the Executive Secretary, Code : Authority of the Motion Picture Industry, 2-rd floor, RKO Building. Rockefeller Center, New York City. Thereupon the members shall by majority vote, select from their number a Chairman, determine the regular intervals at which meetings shall be held and designate the date of the next meeting. There shall be transmitted by the Code Authority to the Secretary a complete and certified list of Distributors maintaining 'exchanges in, and Exhibitors operating .theatres served out of the ^Exchange Territory, who have qualified to 'file protests with the Local Clearance and 'Zoning Board pursuant to Article VI, Part 2. Section 8. The jurisdiction and authority of the Local Clearance and Zoning Board and all requirements necessary to properly file any protest to such Board should be careully studied by the members of the Board and the Secretary thereof with particular [ attention to Article VI. Part 1, Section 7. The Secretary of the Local Clearance and Zoning Board should become familiar with the provisions contained in the Code which ire to be followed in the case of appeal. 'Article VI, Part 1, Section 7.) The procedure for an appeal is mandatory and nust be strictly followed by the appellant. The Secretary shall be helpful and sufficiently informed so as to answer correctly luestions as to procedure. Constant reference to the printed text and to any instructions issued by the Code Authority will Prevent mistakes and duplication of work. Pursuant to a resolution adopted unani-nously by the Code Authority on February 16th, 1934, a copy of which is annexed hereto, the Local Clearance and Zoning Board shall immediately after organization is completed, perform and discharge its duty by receiving any and all Protests from members of the industry against any existing clearance and zoning is to their respective theatres alleging that , -uch clearance and zoning is unreasonable n length and/or area, and that the Local learance and Zoning Board shall decide ! he issues raised by such protests after mtice and hearing to the parties affected Piovisions of the Code shall govern with respect to the time of making decisions and the procedure thereafter. (Article VI, Part 1, Sec. 7.) The Secretary of the Local Clearance and Zoning Board shall become familiar with all the provisions contained in the Code which are particularly applicable to the duties and jurisdiction of the Local Clearance and Zoning Board. Rules for Local Clearance and Zoning Boards II Organization Sec. 1. Meetings of the Local Clearance and Zoning Board shall be held in the city of at such time and place as shall be designated by such Board. Notice of each meeting of the Local Clearance and Zoning Board shall be given to each member by the Secretary at least three (3) days prior to the date thereof. Any notice to be given any member of the Local Clearance and Zoning Board shall be deemed .given sufficiently and completely if and when delivered or mailed to such member at his address appearing on the records of the Local Clearance and Zoning Board. The members of the Local Clearance and Zoning Board shall not be entitled to nor shall they be paid any compensation for their services. For attendance at meetings, each member of the Local Clearance and Zoning Board shall be paid the amount itemized in writing by such member and approved by the Secretary, as having been expended by him for railroad fare to travel from his place of business or residence, whichever is nearer, if not in the city of and for necessary hotel room expense not to exceed Five Dollars ($5.00) per day. Sec. 2. In the case of the absence, ineligibility or incapacity of any member of the Local Clearance and Zoning Board to act at any meeting thereof, the Chairman shall appoint as temporary member, a member of the same classification from the Local Grievance Board, provided that such member is avaliable to serve. In the event he is not available, a temporary member shall be selected unanimously by the members of the Local Clearance and Zoning Board from the same general class of the absentee member. In the event of failure to obtain a unanimous choice, the temporary member shall be appointed by the Code Authority. The temporary member shall act only for the time during such meeting that such regular member shall be absent, or ineligible or incapacitated. If a vacancy occurs because of death or permanent ineligibility or permanent incapacity, the vacancy shall be filled by the Code Authority. At all meetings of the Local Clearance and Zoning Board the presence of all of the members shall be necessary to constitute a quorum and on all matters the vote of the majority of all of the members shall be deemed to be the action of the Local Clearance and Zoning Board. (Article VI, Part 1, Section 5). The impartial representative of the Code Authority shall vote only in case the vote of the other members is evenly divided. Sec. 3. At each meeting of the Local Clearance and Zoning Board the members shall select a Chairman from their number with full voting rights, to preside at the meeting of the Local Clearance and Zoning Board and any recess thereof. The Chairmanship of the Local Clearance and Zoning Board shall be rotated among the members and each member shall in turn be selected to act as Chairman. Sec. 4. The Code Authority of the Motion Picture Industry shall appoint and fix the compensation of the Secretary, who shall be a person not a member of the Local Clearance and Zoning Board. The services of the Secretary may be terminated at any time by the Code Authority. The Secretary shall keen a record of the proceedings of all meetings of the Local Clearance and Zoning Board and of all other matters of which a record shall be required by the Code Authority. The Secretary shall take minutes of all protest hearings in such form and to such extent as the Code Authority shall direct, and such minutes shall be part of the record. The Secretary of each Board shall make application to the proper State or Municipal Authority for appointment to administer oaths and shall at all hearings administer the oath to all witnesses. The Secretary shall issue notices of all meetings and shall perform such other duties as may from time to time be designated by the Code Authority. Sec. 5. Neither the Local Clearance and Zoning Board nor any member thereof or the Secretary shall make any commitment for expenditures other than necessary hotel room expense or railroad fare as provided for in Section I hereof without first obtaining written approval therefor from the Code Authority. Sec. 6. These rules may be amended and added to at any time by the Code Authority. Sec. 7. The jurisdiction of the Local Clearance and Zoning Board shall be limited as specifically provided (Article VI, Part 1, Section 9) and such Board shall hear no questions other than those pertaining strictly to clearance and zoning matters. Ill Procedure The Local Clearance and Zoning Board may receive and decide only such matters as are specified in a written protest sworn to by the protestant and filed in triplicate with the Secretary, who shall forthwith deliver a correct copy thereof to each party whose interests may be affected by the decision. IV Protests (Article VI, Part 1, Section 7) Sec. 1. All parties concerned in any protest may appear in person or by attorney. They shall be notified of the time and place of hearing, by the Secretary at the same time the Secretary notifies members of the Local Clearance and Zoning Board. The authority of the members of the Local Clearance and Zoning Board to hear protests is derived from and limited by the Code of Fair Competition for the Motion Picture Industry. Members are not bound by the technical rules of evidence but should refuse to admit evidence which is immaterial or irrelevant. Members are without power or authority to make any decisions which shall be at variance with provisions of the Code of Fair Competition for the Motion Picture Industry or any interpretation thereof by the Code Authority. Sec. 2. In arriving at a conclusion, each member should be mindful that his responsibility is as great as that of a judge sitting in a court of law. Each member should be actuated by principles of justice. Members of Local Clearance and Zoning Boards must be impartial. They cannot be impartial if they have any private agreements respecting the subject matter of the protest. Sec. 3. The members shall so conduct the hearing as not to prejudice the interests of any interested party. If any information is received or in their possession, open disclosure thereof must be made during the hearing of any protest. Sec. 4. The members shall observe the following rules. (a) all witnesses must be sworn. The following form of oath shall be used: "Do you solemnly swear that in the matter of the protest of you will tell the truth, the whole truth and nothing but the truth, so help you God?" Sec. 5. The protestant and all parties concerned or their attorneys shall be given full opportunity to cros_s-examine all witnesses, and present their own witnesses in rebuttal. The members may during the hearing question the protestant and witnesses and all interested parties if they so desire, without undulv interrupting the orderly conduct of the hearing. The members shall remember to (a) permit all interested parties or their attorneys to briefly sum up their case. fb) adjourn the hearing to a future date for good reason. Take all possible steps to avoid unnecessary delays to the end that all hearings be expedited. (c) confer immediately at the end of the hearing to arrive at a decision based solelv upon the evidence submitted. Sec. 6. Members of Local Clearance and Zoning Boards are cautioned to (a) refuse to admit evidence which is immaterial or irrelevant. (b) refuse to consider evidence if no opportunity is afforded for crossexamining of the witness whose evidence is offered. (c) postpone only for compelling and proper causes a hearing already set. (d) avoid reaching a decision before the close of the case. V Decision Sec. 1. The decision must clearly reflect the opinion of the majority of the members of the Local Clearance and Zoning Board. There can only be one decision. Accordingly, the members should never make any decision which (a) contemplates further action of any kind by the Local Clearance and Zoning Board. (b) reserves to the members further powers or action. Decisions of a Local Clearance and Zoning Board wherever possible should be unanimous and may be publicized. Sec. 2. All decisions must be in accordance with the provisions of the Code of Fair Competition for the Motion Picture Industry and in accordance with any interpretation thereof by the Code Authority. Sec. 3. The decision should be certain in its terms and simple in its language. It should state in clear and simple language the decision of the Local Clearance and Zoning Board. Each decision should be so phrased as to be possible of performance. Each member shall sign the decision indicating whether he votes in favor thereof or dissents therefrom. Sec. 4. Members of the Local Clearance and Zoning Boards are not required to state the reasons for the conclusions reached, but may do so if they see fit. The members may incorporate their reasons in an opinion accompanying the decision if they or any of them so desire. Sec. 5. A protestant desiring a stenographic transcript of the proceedings and testimony may employ a competent stenographer, approved by the Local Clearance and Zoning Board. In the event of appeal, such transcript may be used only when certified to as correct by the Local Clearance and Zoning Board. Sec. 6. Upon the filing of a notice of appeal from any decision of a Local Clearance and Zoning Board, the Secretary shall notify all affected parties. VI Resolution Unanimously Adopted by the Code Authority on February 16th, 1934 "Whereas, Article VI, Part 1 of the Code of Fair Competition for the Motion Picture Industry contemplated that Local Clearance and Zoning Boards should be established prior to January 1st, of each year to set up fair, just and equitable schedules of clearance and zoning to provide against clearance of unreasonable length and/or area, and "Whereas, for the year 1934, the date of January 1st was indefinitely postponed by reason of unavoidable delay in establishing such Clearance and Zoning Boards and "Whereas, the selling season of the^ industry is but a short time off and it is necessary to simplify and expedite the functions of such Boards and direct their activities and qualify their procedure, now on motion by Mr. Bareford, seconded by Mr. Yamins, it is unanimously "RESOLVED: That Clearance and Zoning Boards shall perform and discharge their duties by receiving any and all protests from members of the industry against any existing clearance and zoning as to their respective theatres alleging that such clearance and zoning is unreasonable in length and/or area, and that such Boards shall decide the issues raised by such protests after notice and hearing to the parties affected; and that with respect to the time of making of decisions and the procedure thereafter, the provisions of the Code shall govern." The manual concludes with the oath form, facsimile of which was published in Motion Picture Daily on March 10. Secretaries Soon Thirty-one secretaries for the 62 clearance and zoning and grievance boards are expected to be named within the next two weeks. Members of all boards will send in their nominations this week and the authority will officially appoint them before April 1. 1