(1) No Objection Certificate shall not be granted in respect of any cinema unless,-
(a) the cinema site is of a minimum area,-
(i) in case the total number of seats in the proposed cinema building is four hundred or less of nine hundred square meters with one side of not less than eighteen meters abutting the road;
(ii) in case the total number of seats in the proposed cinema building is six hundred or less of one thousand three hundred and fifty square meters with one side of not less than eighteen meters abutting the road;
(iii) in case the total number of seats in the proposed cinema building is eight hundred or less of thousand eight hundred square meters with one side of not less than Thirty meters abutting the road where the theatre does not have a balcony seating arrangement;
(iv) in case the total number of seats in the proposed cinema building is eight hundred or less of one thousand two hundred square meters with one side of not less than twenty meters abutting the road where the theatre has a balcony seating arrangement;
(v) in case total number of seats in the proposed cinema building is one thousand or less of two thousand two hundred and fifty square meters with one side of not less than thirty meters abutting the road; where the theatre does not have a balcony seating arrangement;
(vi) in case total number of seats in the proposed cinema building is one thousand or less of one thousand five hundred square meters with one side of not less than twenty meters abutting the road; where theatre has a balcony seating arrangement;
(vii) In case total number of seats in the proposed cinema building is one thousand two hundred or less of two thousand seven hundred square meters with one side of not less than thirty six meters abutting the road; where the theatre does not have a balcony seating arrangement;
(viii) In case the total number of seats in the proposed cinema building is one thousand two hundred or less of one thousand eight hundred square meters with one side of not less than thirty meters abutting the road; where theatre has a balcony seating arrangement.
(b) (i) The cinema site is situated in permissible zones of land use earmarked in master plan prepared for an area by the competent authority under Karnataka Town and Country Planning Act:
Provided that where master plans have not been prepared existing predominantly commercial areas shall be taken into consideration.
(ii) In rural areas, in the absence of approved master plans a permanent cinema theatre or multiplex may be permitted by the licensing authority, if the conditions are fulfilled regarding road width and all other conditions stipulated under cinematograph rules and also laws regarding conversion of land use by the competent authority.
(c) The cinema or multiplex site is situated by the side of a public thoroughfare the minimum width of road including footpath shall be twelve meters in urban areas and nine meters including footpath in rural areas:
Provided that the Licensing Authority may, by order in writing, subject to such conditions and restrictions may permit, if the cinema or multiplex site is situated by the side of a public thoroughfare other than National Highway/State Highway/Major District Roads, Major Roads, the minimum width of road including footpath shall be nine meters in urban and rural areas.
(d) The cinema or multiplex building shall have a front set back of eight meters or as is in the Karnataka Highway Rules, 1966, whichever is higher.
(e) The cinema site shall have a entrance and exit for the public on such roads, which shall have minimum width of six meters each.
(f) The cinema site must have a suitable parking space, for the theatre existing as on the of commencement of these rules,-
(i) at one car parking space for every fifty seats, subject to a minimum of space for twenty cars in places having a population of ten lakhs and above;
(ii) at one car parking space for every fifty seats, subject to a minimum space for fifteen cars in places having a population between one to ten lakhs; and
(iii) at one car parking space for every fifty seats, subject to a minimum of space for ten cars in places having a population between Fifty Thousand and one lakh
(iv) at one car parking space for every fifty seats subject to a minimum of space for five cars in places having a population of less than fifty thousand.
(g) The cinema site must have a suitable parking space, for the theatres proposed as on and from the date of commencement of these rules,-
(i) one car parking space for every twenty five seats for permanent cinema theatres and one car parking space for every twenty five seats for multiplexes subject to a minimum of space for twenty cars in places having a population of ten lakhs and above;
(ii) one car parking space for every fifty seats for permanent cinema theatres and one car parking space for every twenty five seats for multiplexes subject to a minimum of space for fifteen cars in places having a population between one to ten lakhs;
(iii) one car parking space for every fifty seats for cinema theatres and one car parking space for every twenty five seats for multiplexes subject to a minimum of space for ten cars in places having a population between fifty thousand and one lakh; and
(iv) one car parking space for every fifty seats for cinema theatres and one car parking space for every twenty five seats for multiplexes subject to a minimum of space for five cars in places having a population of less than fifty thousand.
(h) Cinema site and multiplex existing as on the date of commencement of these rules and the cinema site and multiplex proposed as on and from the date of commencement of these rules must have suitable parking space,-
(i) an additional two and three wheeler parking of twenty five percent of the required number of car parking shall be provided including that for cycle parking subject to a minimum of fifty cycles;
(ii) In case of a Multiplex the vehicle parking requirement shall be as specified above or as provided in the respective zoning regulations, whichever is higher.
In such cases, vehicle parking for the theatre portion shall be exclusively earmarked in the total parking requirement for the whole building:
Provided that a, suitable parking arrangements shall be earmarked for physically challenged persons.
(i) The clear distance between the cinema or multiplex building and inner limits of the compound wall and between the cinema building and all other buildings in the same compound shall not be less than eight meters at the entrance side and four and half meters at the other sides:
Provided that this shall not apply to the existing cinema theatres and cinema premises for which No Objection Certificate is issued before coming into force of the Karnataka Cinemas (Regulation) Rules, 2014:
Provided further that in the case of a multiplex building the distance shall be as specified in these rules or in the respective zoning regulations, whichever is higher.
(j) The cinema or multiplex site shall be situated at a place where it is not likely to cause traffic difficulties or problems.
(k) The cinema or multiplex site shall be at a distance of not less than,____
(a) Fifty meters from.—
(i) Any existing petrol bunk or place licensed for a petrol bunk and other places of fire resort; or
(ii) Any place of community worship, cremation ground, graveyard or cemetery in use; or
(iii) Any recognized educational institution or any residential institution attached to such educational institutions; or
(iv) Any public hospital or a private nursing home; or
(v) Any recognized orphanage; or
(vi) Any thickly populated residential area or an area used generally for residential purposes as distinguished from business purposes:
Provided that the Licensing Authority may, if the proposal is to construct a sound proof cinema building, at its discretion, in public interest, considering the suitability of the place, for reasons to be recorded in writing after inspection of the proposed site, relax, subject to such conditions as it may consider necessary to impose in each case, all or any of the conditions specified above.
Provided further that considering the facts and circumstances of each case and after recording reasons there for, different additional conditions may be imposed, in different cases.
(b) One hundred meters from any protected monument, defence installations, national parks, museums, and buildings in which main telephone or telegraph or wireless or telecommunication installations are located.
(l) the cinema site shall be in an elevated place or free from dampness having proper drainage arrangements; and
(2) (a)In places having a population of ten thousand or more, the number of cinemas to be permitted shall be determined,-
(i) If it is a metropolitan area on the basis of one cinema for every twenty thousand population or a fraction thereof exceeding ten thousand; and
(ii) In other places, on the basis of one cinema for every ten thousand population or a fraction thereof exceeding five thousand;
(b) Location of cinemas shall not be permitted within a distance of four hundred meters from each other in towns and cities having a population of five lakhs and above.
(3) Nothing in sub-rule (2) shall apply for location of cinemas in a metropolitan area if the cinema building is owned by the local authority concerned.
(4) Each ward in a metropolitan area shall for the purpose of section 7, be an area. The Licensing Authority may having regard to the provisions of section 6 and the provisions of subrule(2), as if each such ward is a place for the purpose of said sub-rule (2) limit the number of places that can be licensed under the Act in each of such ward:
Provided that the total number of places so determined in respect of all such wards shall not exceed the number permissible under sub-rule (2) in respect of the metropolitan area taken as a whole.
Explanation.___ (1) For the purpose of sub-rules (2), (3) and (4), -
(1) ‘distance’ shall be reckoned along the shortest pathway, lane, street or road connecting the two cinemas and generally used by the members of the public;
(2) ‘Metropolitan area’ means a city or town declared as Metropolitan area under section 8 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
(3) ‘Place’ means, in the case of towns and cities having a population of ten thousand and above, the area coming within the jurisdiction of the local authority concerned and in other cases, an area within the radius of five kilo meters from the centre of the local authority in which the cinema is proposed to be located.