(A) Any person desiring to obtain a license or to renew an existing license to operate a computer gaming and internet access business shall file a written application with the Community Development Director. The application shall be signed under the penalty of perjury. Prior to submitting the application, a nonrefundable fee, in an amount established by resolution of the City Council, shall be paid to the city to defray the cost of the investigation and issuance required by this chapter. The license issuance or renewal fee required under this chapter shall be in addition to any other license or fee required under this code.
(B) Neither the filing of an application for a license or renewal thereof nor payment of an application or renewal fee shall authorize the operation of a computer gaming and internet access business until such license has been granted or renewed.
(C) Each applicant for a computer gaming and internet access business license or renewal thereof shall furnish the following information:
(1) The present or proposed address where the business is to be conducted;
(2) The full and true name under which the business will be conducted;
(3) The full and true name and any other names used by the applicant and owner of the business, if the owner is not the applicant;
(4) The applicant and owner’s present residential and business addresses and telephone numbers;
(5) Each residential and business address of the applicant and the owner for the five-year period immediately preceding the date of filing the application and the inclusive dates of each address;
(6) The California driver’s license or identification number of the applicant and owner;
(7) A precise description of the activities and/or services to be provided;
(8) A detailed site and floor plan of the proposed business, depicting the building and unit proposed and including interior dimensions and off- street parking spaces required by the city’s zoning code;
(9) A detailed description of the food and beverage service, if any, that will be offered to patrons;
(10) The dates and hours during which the computer gaming and internet access business is desired to be conducted and a list of the fees to be charged patrons;
(11) The name(s) of the person(s) responsible for the operation, management, and supervision of the computer gaming and internet access business;
(12) A statement as to whether the applicant, owner, or any person to be responsible for the operation, management, and supervision of the computer gaming and internet access Business has, within the past five years, had any permit or license issued in conjunction with a computer gaming and internet access business in any jurisdiction, and whether during that period the license was suspended or revoked. If so, then the application shall provide the name of the issuing agency and an explanation of the suspension or revocation;
(13) Signature of the property owner indicating approval of the submission of the license application; and
(14) Such other information as the Community Development Director may require to discover the truth of the matters required to be set forth in the application.
(D) The applicant shall present proof to the Community Development Director that the required application or application renewal fee has been paid, and shall present the application containing the information and supporting documentation required by division (C) of this section. A copy of the application shall be distributed to the city’s Planning and Building Divisions, the Police Department, and the Fire District for review.
(E) When any change occurs regarding the written information required by division (C) of this section to be included in the application, the applicant or license holder, as the case may be, shall give written notification of such change to the Community Development Director within five business days of such change.
(F) The Community Development Director shall have a reasonable time, not to exceed 30 days to investigate the facts set forth in the application and to receive comments from the city’s Planning and Building Departments, the Police Department, and the Fire District. The Community Development Director shall, within 60 days after the date of the filing of the application, grant the license or renewal thereof only if it is found that all of the following requirements have been met:
(1) The required fees have been paid;
(2) The application and all information contained therein conform in all respects to the provisions of this chapter;
(3) The applicant has not knowingly made a material misrepresentation of fact in the application;
(4) The proposed computer gaming and internet access business would comply with this chapter and all other applicable city, county, and state laws, including but not limited to health, zoning, fire, and safety requirements and standards, and that, as proposed, the computer gaming and internet access business would not generate criminal activities, present unnecessary criminal opportunities, or cause violations of curfews by minors due to failure to comply with federal or state law or the municipal code, including but not limited to operational standards set forth below;
(5) The applicant is at least 18 years of age;
(6) The computer gaming and internet access business site and floor plan have been reviewed by the city’s Planning and Building Departments and the Police Department and Fire District, which have approved the same as well as all fire and panic safety equipment required to be installed; all requirements of the Americans with Disabilities Act have been satisfied; and that the maximum occupancy has been established, will be posted, and will not likely be exceeded based on the floor plan; and,
(7) The Community Development Director has not received evidence that the applicant has, within the previous five years, had any license or entitlement to operate a computer gaming and internet access business revoked due to the applicant’s commission of a crime or violation of the operational standards or conditions of approval applicable to a computer gaming and internet access business; provided, however, a computer gaming and internet access business license may be granted subject to additional conditions designed to preclude a recurrence of the events or activities causing the prior license revocation.
(G) If the Community Development Director does not find that all of the requirements of division (F) of this section have been met, the application shall be denied.
(1) In the event that an application for a license or renewal thereof is denied, written notice of the denial shall be given to the applicant within 60 days after the date of the filing of the application specifying the ground(s) of the denial and a description of the hearing rights provided by § 5-11.20(G)(2), below. Notice of denial of the application may be personally served or served by first-class postage prepaid and addressed to the applicant at the address set forth in the application. Mailed notice shall be deemed received three days after mailing.
(2) The decision of the Community Development Director may be appealed by filing a written notice requesting a hearing within ten calendar days of the decision of the Community Development Director. The appeal may be heard by a hearing officer (for purposes of this section, the term HEARING OFFICER shall mean the City Manager or a hearing officer appointed by the City Manager) or by the Board of Administrative Appeals, pursuant to Chapter 4 of Title 1 of the Municipal Code.
(a) The hearing shall be conducted within 45 days of the request.
(b) The hearing shall be conducted under such rules of procedure as are appropriate to quasi-judicial proceedings, provided that the applicant and the city shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The hearing officer/Board of Administrative Appeals shall not be bound by the statutory rules of evidence in the hearing. The applicant shall have the burden of proof that the Community Development Director’s determination was wrong. The hearing shall be recorded so that a transcript of the hearing can be prepared by either party.
(c) At the conclusion of the hearing, the hearing officer/Board of Administrative Appeals shall decide whether the grounds for denial, revocation or non-renewal exist. Within ten days after the conclusion of the hearing, the hearing officer/Board of Administrative Appeals shall file with the City Clerk, together with the recording of the hearing, a written decision supported by written findings based on the evidence submitted and a statement of the order. A copy of the decision shall be forwarded by certified mail, postage prepaid, to the applicant by the City Clerk. The decision of the hearing officer/Board of Administrative Appeals shall become effective three days after its mailing to the applicant unless timely appealed as provided in the following section.
(H) The decision of the hearing officer or Board of Administrative Appeals shall be final unless appealed to the City Council by the filing of a written appeal with the City Clerk by the City Manager or member of the Council within ten calendar days of mailing of the decision. All such appeals shall be filed with the City Clerk and shall be public records. The City Council shall, at a duly noticed meeting within 45 days from the date the written appeal was filed, independently review the entire record, including the recording or transcript of the hearing and any oral or written arguments which may be offered to the City Council by the appellant. At the conclusion of the review, a majority of the City Council members present may decide to sustain the decision, modify the decision, or order the decision stricken and issue such order as the City Council finds is supported by the entire record. The lack of a majority to take action means that the decision of the hearing officer or Board of Administrative Appeals remains in effect. The action of the City Council shall be final and conclusive, shall be rendered in writing within ten days, and shall be immediately mailed or delivered to the applicant.
(I) Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided or may request a continuance regarding any decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city or constitute failure by the city to provide for prompt decisions on applications.
(J) The time for a court challenge to a decision under this section is governed by California Code of Civil Procedure § 1094.8 and notice of the city’s decision and its findings shall include citation to California Code of Civil Procedure § 1094.8.
(Ord. 2053-C-S, passed 2-28-12; Am. Ord. 2054-C-S, passed 3-13-12)