Motion Picture Herald (July-Aug 1935)

16 MOTION PICTURE HERALD July 2 7, 19 3 5 TEXT OF LOS ANGELES ZONING PLAN GENERAL PROVISIONS For the purpose of maintainmg at all times a fair, just, reasonable and equitable schedule of Clearance and Zoning throughout the Los Angeles Exchange territory, the folloiving general provisions shall be binding upon all distributors and exhibitors operating luithin the territory, and shall, unless otherzvise expressly stated, govern the distribution, licensing for exhibition and exhibition of only feature length motion pictures: Section I. EfFectlve Date of Schedule (a) This schedule is hereby approved to become effective within such reasonable time as shall be fixed and published by the Local Clearance and Zoning Board for the Los Angeles territory. (b) After such effective date, no feature motion picture shall be distributed, licensed for exhibition or exhibited within the Los Angeles Exchange territory, otherwise than in accordance with this Clearance and Zoning schedule. Section 2. Definition of Ternns (a) The term "clearance," as used herein, shall be deemed to refer to that interval of time between the conclusion of the exhibition of a motion picture at a theatre licensed to exhibit such motion picture prior in time to its exhibition at another theatre or theatres and the commencement of exhibition at such other theatre or theatres. (b) The term "zone," as used herein, shall be deemed to refer to any definite geographical area or areas embraced within the Los Angeles Exchange territory ; and the area or areas of the various zones herein established are hereinafter defined, either by designating the name of a city or town or community, or by listing the theatre or theatres comprising the zone. Each theatre now operating within the Los Angeles Exchange territory and not specifically listed herein shall be deemed to be in that zone, as herein designated, comprising the area in which such theatre is situated. (c) The terms "feature length motion picture," "feature picture," or "feature," as used herein, shall each be deemed to refer to any motion picture of a length, as nationally released, of thirty-five hundred (3,500) feet or more. (d) The term "short subject," as used herein, shall be deemed to refer to any motion picture of a length, as nationally released, of less than thirty-five hundred (3,500) feet. (e) The term "adult admission price," as used herein, shall be deemed to refer to any price charged at any time for the admission to any theatre of any person twelve (12) years of age or over. (f) The term "evening," as used herein, shall be deemed to refer to that period of time commencing at the hour of 5 o'clock p. m. of any day and ending at the hour of 8 o'clock a. m. of the following day. (g) The term "matinee," as used herein, shall be deemed to refer to that period of time commencing at the hour of 8 o'clock a. m. of any day and ending at the hour of 5 o'clock p. m. of such day. (h) All other terms employed in this schedule and not elsewhere herein expressly defined, are used and intended to be imderstood and construed to have the meaning in which such terms are now commonly accepted and understood by motion picture producers, distributors, exhibitors and the trade generally. Section 3. New Theatres All existing theatres not now in operation, other than those of such theatres as are spe cifically listed herein, and all new theatres hereafter constructed, shall apply to the Local Clearance and Zoning Board for the Los Angees Exchange territory for determination of proper zoning classification. Such application and prompt designation may be made at any time. Section 4. Runs and Clearance (a) The run which a theatre purchases from a distributor shall be designated in such theatre's license agreement and shall be solely a matter of negotiation between such theatre and such distributor. (b) The number of days clearance between first run in any city and the subsequent run or runs shall be determined and regulated by this schedule. Section 5. Continued First Runs (a) A "continued first run" is hereby defined for all purposes of this schedule to be a run that starts in one theatre and upon the closing thereof in such theatre, is without lapse of time continued in another theatre operating under the same scale of admission prices as the prior theatre within the same city, town or zone. (b) As to each picture which shall be exhibited on a "continued first run," pursuant to the provisions of this Section 5, clearance shall be dated from the termination of the exhibition thereof in the theatre last exhibiting such picture on such run ; and such termination shall be deemed to be the "first run closing" of each such picture. Section 6. Clearance within Zone (a) Any theatre operating within any subsequent run zone established within the area of any city shall be permitted seven (7) days' clearance over the next subsequent run in every competitive theatre operating within the same zone. Any such theatre, in order to enjoy such seven (7) days' clearance must: (1) Complete the run within fourteen (14) days after availability as determined by the annexed price of admission schedule, or (2) Within fourteen (14) days of the first date of exhibition as such date is determined by the availability of the positive print pursuant to Section 12, of this schedule. Where the run is not completed within fourteen days as above defined, (1) and (2), the seven (7) day period of clearance shall be shortened one (1) day for each day by which the completion of the run exceeds such fourteen (14) day period. (b) All theatres within each subsequent run zone established within the area of any city, shall be deemed competitive for all purposes of this schedule, excepting those theatres specifically designated in this schedule as "noncompetitive." (c) All theatres within each subsequent run zone established within the area of any city, which have been determined by this Board, for all purposes of this schedule, to be non-competitive to one or more theatres within the same zone, are hereinafter designated as non-competitive to such one or more theatres ; and no theatre operating within any such zone shall be entitled to buy or otherwise acquire, and no distributor shall be entitled to sell or otherwise grant to any such theare, any clearance over any other theatre or theatres, as to which such theatre is herein declared to be non-competitive, within the same zone. Section 7. Clearance Outside of Zone Except as otherwise expressly provided herein, no theatre operating within any subsequent run zone established within the area of any city shall be entitled to buy or otherwise acquire, and no distributor shall be entitled to sell or otherwise grant to any such theatre, any clearance over any theatre operating in any other subsequent run zone established within the area of the same city. Section 8. Admission Taxes Wherever an admission price is mentioned in this schedule, the amount stated shall be deemed to refer to the net admission price, exclusive of any tax or other charge of any governmental or administrative agency. Section 9. Theatre Classifications IAny theatre charging forty cents (40c) • or more evening adult admission price for each adult admission sold, and not less than thirty cents (30c) matinee adult admission, is hereby classified as a "forty cent (40c) or more theatre." 2 Any theatre charging forty cents (40c) • or more evening adult admission price for each adult admission sold, and not less than twenty-five cents (25c) matinee adult admission, is hereby classified as a "thirty-five cent (35c) theatre." 3 Any theatre charging less than forty cents • (40c) but not less than thirty-five cents (35c) evening adult admission price for each adult admission sold, and not less than thirty cents (30c) matinee adult admission, is hereby classified as a "thirty-five cent (35c) theatre." 4 Any theatre charging less than forty cents (40c) but not less than thirty-five cents (35c) evening adult admission price for each adult admission sold, and not less than twentyfive cents (25c) matinee adult admission, is hereby classified as a "thirty-cent theatre." 5 Any theatre charging less than thirty-five • cents (35c) but not less than thirty cents (30c) evening adult admission price for each adult admission sold, and not less than twentyfive cents (25c) matinee adult admission, is classified as a "thirty cent (30c) theatre." 6 Any theatre charging less than thirty cents • (30c) but not less than twenty-five cents (25c) evening adult admission price for each adult admission sold and not less than twenty cents (20c) matinee adult admission price is classed as a "twenty-five cent (25c) theatre." 7 Any theatre charging less than twentyfive cents (25c) but not less than twenty cents (20c) evening adult admission price, and not less than fifteen cents (15c) matinee adult admission is a "twenty cent (20c) theatre." 8 Any theatre charging less than twenty . cents (20c) but not less than fifteen cents (15c) adult admission price for each adult admission sold at any time, either matinee or evening, for any seat, either balcony or lower floor, is classified as a fifteen cent (15c) theatre." 9 Any theatre charging less than fifteen . cents (ISc) but not less than ten cents (10c) adult admission price for each adult admission sold, at any time, either matinee or evening, for any seat, either balcony or lower floor, is classified as a "ten cent (10c) theatre." ^p. Any theatre charging less than ten cents lU. (10c) admission price for each admission sold, either adult or child, at any time, either matinee or evening, for any seat, either balcony or lower floor, is hereby classified as a "five cent (5c) theatre." Section 10. Determination of Classification In determining the classification, for the purposes of this schedule, of any theatre charging at any time two or more different evening adult admission prices, or two or more different matinee adult admission prices, the low (Continued on foUou<ing page, column i)