(Title and Section Amended by Ord. No. 177,412, Eff. 5/1/06.)
(a) Permit Required. No person shall operate, maintain, manage or conduct a picture arcade or an adult picture arcade without a written permit from the Board.
No permit shall be required under this section if the person engaged in the operation of the arcade has a valid carnival permit issued under the provisions of Division 7 of Chapter 10 of this Code in which a picture arcade is permitted.
(1) Application. An application for a picture arcade or an adult picture arcade permit shall be filed in person only at the main office of the Office of Finance. The person receiving the application shall record the date and time received on the application. An incomplete application for a permit under this section shall be returned within 30 days with a date stamp of the date of return and be accompanied by a written statement specifying the reasons for the return. Any refiled application shall also be processed within 30 days. If there is no final, judicially reviewable decision within 30 days, the permit shall be deemed granted except that any period during which a hearing or a decision on a hearing is pending shall not count toward the 30 days.
(2) Building and Safety Verification. An application for a picture arcade or adult picture arcade shall include proof that a request was filed with the Department of Building and Safety for verification that the proposed use is permitted: 1) in the zone where the site is located and 2) by the certificate of occupancy. The request for verification shall be filed at the Zoning Counter located at the downtown office of the Department of Building and Safety. Any response to the request for verification shall be included with the application. A permit for a picture arcade or adult picture arcade shall not be denied based upon the applicant’s failure to obtain verification if the Department of Building and Safety has not responded to the request within the 30 day permit application processing period.
(3) Denial of Application. Prior to denial of the permit, the applicant shall be given written notice of the intention to deny the permit. The Board may deny the permit upon any of the grounds expressly set forth in 103.31(b), or any other zoning-related grounds. A request for hearing on the intention to deny may be filed pursuant to Section 103.33. The hearing may be continued for up to 30 days by the applicant. Any denial of the permit shall set forth all bases for denying the permit. Additional bases may not be added to the denial following remand by a court or upon reconsideration. Any decision denying the permit shall be a final decision.
(4) Suspension or Revocation for violation of Section 103.34.1 4. The Police Department shall provide written notice to the on-premises manager or permittee of conduct that violates Section 103.34.1 4. Notice may be given pursuant to Section 102.02(f). A suspension or revocation order may not be based upon 103.34.1 4, unless the Board makes an affirmative finding of actual knowledge that the conduct regularly occurred on the premises and that the permittee thereafter failed to take steps to prevent the conduct.
(5) Suspension or Revocation based on Orders of Other Agencies or City Departments. Orders or determinations received from other agencies or City departments may be grounds for suspension or revocation only if they are final and in writing.
(6) Service of Order of Revocation or Suspension. An order revoking or suspending a permit for a picture arcade or an adult picture arcade shall be served by certified mail and shall be final upon service upon the permittee. The order shall not be enforced for a period of 35 days after the service.
(7) Reconsideration of Board Decision of Suspension or Revocation. The permittee may request reconsideration of the Board decision of suspension or revocation within ten days of service of the order in accordance with Section 103.33. If reconsideration is requested, enforcement of the decision shall be further deferred 35 days from the date of service of the Board’s decision, service of which shall also be by certified mail.
(c) Picture Arcade Requirements. Picture arcades shall conform to the following requirements:
(1) Booths, stalls, rooms, or partitioned portions of a room shall have at least one side open to an adjacent public area or aisle so that the area inside the booth, stall, room or partitioned portion of a room is visible to persons in the adjacent public area or aisle. The side open to the public area or aisle shall not have a door, curtain or other device capable of blocking visibility into the interior of the booth, stall, room or partitioned portion of a room.
(2) The public area or aisle adjacent to any booth, stall, room or partitioned portion of a room shall be illuminated to a level of at least ten footcandles and the booths, stalls, rooms or partitioned portions of a room shall be illuminated to a level of at least five footcandles.
(3) The business shall comply with all signage, parking, landscaping, and design standards established by the City.
(4) The business shall remove all graffiti, as soon as it appears, but not later than 48 hours after it appears, from the premises and property controlled by the business.
(5) The business shall, on a daily basis, ensure that all trash, debris and litter from the premises and property controlled by the business, as well as from all common and public areas immediately adjacent to the business, is placed inside appropriate refuse containers.
(6) The business shall be carried on in a building, structure and location that complies with the requirements and meets the standards of the health, fire and safety laws of the State of California and ordinances of the City of Los Angeles.
(7) The business shall be carried on at a location that complies with the zoning standards established by the City.
(8) A manager shall be on duty at all times during hours of operation, or when patrons are present on the premises.
(9) No wall or partition of a booth, stall, room or partitioned portion of a room shall have a hole or similar opening or aperture.
(d) Adult Picture Arcade Requirements. Adult picture arcades shall conform to the following requirements:
(1) The requirements in Subdivisions (a) and (c) of this section.
(2) The business shall not display any sexually- oriented material or sexually-oriented merchandise so as to be visible from any location outside the business.
(3) No individual viewing area may be occupied by more than one person at any time. A sign containing the following language, in type at least two inches in height, shall be posted on the exterior of each booth, stall, room or partitioned portion of a room in a place where the sign is clearly visible and readable to any person entering the booth, stall, room or partitioned portion of a room:
“It is unlawful for more than one person to occupy this viewing area. There is no expectation of privacy in this viewing area and this area is frequently monitored by management and the police.”
(4) If the business provides restroom facilities, separate facilities must be maintained for males and females. Restrooms shall be free from all sexually- oriented materials and sexually-oriented merchandise.
(5) No portion of the interior of the premises shall be visible from outside the premises during the hours of operation.
(6) No one under 18 years of age shall be allowed on the premises during hours of operation.
(7) At least one state licensed and bonded, uniformed security guard shall be employed exclusively to provide security for the business during business hours.