A. Purpose and Applicability. This Section provides locational, developmental, and operational standards for cyber/internet cafes. The provisions in this Section shall apply to cyber/internet cafes where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards. The applicable provisions specified in Municipal Code Chapter 5.08 shall also apply.
B. Prohibited in Residential Zones. Cyber/internet cafes shall be prohibited in all residential zones of the City.
C. Definitions. The following words and phrases shall have the meaning specified in this Section:
1. Cyber/Internet Café. An establishment that provides four or more computers and/or other electronic devices, for access to that system commonly referred to as the “internet,” E-mail, playing video games over the Internet, and/or access to other computer software programs, to the public for compensation and/or for public access. A cyber/internet cafe does not include a public use or internet learning center as defined below.
2. Public Use or Internet Learning Center. An establishment that provides computer access which is operated by the City, a school district, a library, a college district, or a private institution of learning which provides classes in computer instruction or uses computers to aid in academic instruction, or a nonprofit organization which does not receive compensation from individuals using the cyber/internet cafe in any form other than school tuition. However, this exception shall not be applicable if the Los Angeles County Sheriff's Department determines, on the basis of one or more incidents at the agency, that the implementation of the provisions concerning cyber/internet cafes is necessary for the public safety.
D. Locational and Operational Standards.
1. Separation Requirements.
a. Prohibited Locations. No cyber/internet cafe shall be located within an 800-foot radius of another cyber/internet cafe or any sensitive use as defined in Article 9 (Definitions), disregarding the corporate boundary of the City, and as measured in compliance with Subparagraph b. (Measurement of Distance), below.
b. Measurement of Distance. The distance between a cyber/internet cafe and a sensitive use or another cyber/internet cafe shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure, or a portion of the structure, in which the cyber/internet cafe is located, to the property line of the parcel on which the structure, or portion of the structure, in which the sensitive use or another cyber/internet cafe occurs or is located.
2. Curfew for Minors. Minors shall be accompanied by a parent or legal guardian after 10:00 P.M. and may not enter the facility during those times as the school district in which the facility is located is conducting its regular education program. These hours of operation shall be posted in a conspicuous place to the satisfaction of the Director.
3. Hours of Operation. Reasonable conditions may be imposed restricting hours of operation beyond those identified in Municipal Code Section 3.25.030, so as to protect the public health, safety, and welfare and surrounding property and uses.
4. Camera/Video Surveillance System. There shall be a camera/video surveillance system capable of delineating on playback of the system the activity and physical features of persons or areas within the premises. The system shall cover all entrances and exit points and all interior spaces, except for bathroom and private office areas. The system shall be subject to inspection by the City during business hours any day of the week. The system shall be maintained in good working order, including the recording of the videotape, at all times. The videotape shall be maintained for a minimum period of 72 hours.
5. Employees/Security Measures.
a. Employees. All cyber/internet cafes shall provide full-time adult attendants or supervisors, 21 years of age or older, at a ratio of one attendant/supervisor for each 10 machines, plus one security guard for each 20 machines or fraction thereof or as otherwise directed by the Los Angeles County Sheriff’s Department.
b. Security Measures.
(1) Security measures may include, but are not limited to additional security guards, background investigations of the business applicants, and surveillance video equipment.
(2) The provisions specified in Municipal Code Section 5.08.020 (e.g., fingerprinting requirement for background checks) shall also apply.
6. Adult Business Activities. Adult business activities and/or uses are prohibited, unless specifically approved in compliance with the requirements of Chapter 10.62 (Adult Businesses).
7. Fire Exit Plan. The owner shall submit and receive approval of an exit plan from the Los Angeles County Fire Department. The plan shall address all exiting requirements of the Uniform Building Code and Uniform Fire Code. This includes, but is not limited to, providing an existing planshowing equipment location, aisle locations, and dimensional widths, and having approved exit doors and panic hardware.
8. Lighting and Visibility.
a. Adequate lighting shall be maintained inside the business and parking areas. An interior and exterior lighting plan shall be reviewed and approved by the Director before occupancy.
b. No window treatment(s) shall be installed or maintained that would prohibit the view of the interior during normal business hours.
9. Illegal Gambling Prohibited. Under no circumstances shall electronic game machines, which include computers and other amusement devices, be used for illegal gambling or gaming.
10. Pool Tables/Amusement Devices Prohibited. Pool tables or other amusement devices are prohibited.
11. Private Booths Prohibited. Any booth or individual computer use area within the cyber/internet cafe shall be visible from a continuous and accessible main aisle in a public portion of the cyber/internet cafe, and shall not be obscured by any door, curtain, wall, two-way mirror, or other device which would prohibit a person from seeing the entire interior of the booth/individual viewing area from the main aisle. Further, no one shall maintain any booth/individual viewing area in any configuration unless the entire interior where the computer that is being used is visible from one main aisle. No doors are permitted on a booth/individual viewing area. No partially or fully enclosed booth/individual viewing areas or partially or fully concealed booth/individual viewing areas shall be maintained.
12. Smoking/Alcoholic Beverages Prohibited.
a. No person shall be permitted to smoke or consume alcoholic beverages on the inside of the cyber/internet cafe premises.
b. The sale of cigarettes and alcohol on the premises is prohibited.
c. No intoxicated or disorderly persons shall be allowed to remain on the premises.
d. Signs shall be posted stating this condition to the satisfaction of the Director.
13. Tournaments Prohibited. No tournaments, sweepstakes, or other exchange of prizes shall be allowed at any cyber/internet cafe. (Ord. 935 § 3 (part), 2015)