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The Police Department may furnish information shown upon records kept pursuant to this article to persons asserting legal title to the property forming the subject matter of such records. A charge of $1.10 shall be collected as to each article of property for which such record information is requested by any person engaged in the business of selling property on conditional sales contract basis or by other deferred payment plan where such request is made in the regular course of such business and is an incident thereto. (Amended by Ord. No. 137,137, Eff. 9/29/68.)
(Amended by Ord. No. 146,898, Eff. 3/ 3/75.)
(a) The Board may authorize the sale or rental of any instructional materials, including, but not limited to, films, tapes, recording, photographs, printed matter, or any other audio or visual-aid equipment produced as a police training or educational aid by the Department to any bona fide law enforcement agency or organization engaged in the training or education of law enforcement officers, or other qualified public or private organizations approved by the Board, upon the payment of fees to be established by the Board in accordance with Subsection (b) of this section.
(b) The Board shall establish a fee schedule for the rental and sale of such instructional materials based upon and not to exceed the entire pro rata cost to the City of the production, rental or sale of such materials. Such fee schedule shall be revised from time to time in order to adjust the fees to be charged to the costs incurred.
(c) The fees to be charged for such sale or rental shall be collected by the Department and remitted to the General Fund.
(d) The Chief shall have the care, custody and control of such instructional materials and shall perform such duties in connection with the custody rental or sale thereof as the Board may direct.
(e) The provisions of this section are not to be construed as making or extending to make such instructional materials public records.
(Added by Ord. No. 111,348, Eff. 7/4/58.)
Section
103.101 Picture Arcade.
103.101.1 Picture Arcade Permits and Regulations.
103.101.2 Compliance by Existing Permittees.
103.101.3 Game Arcade.
103.101.4 Cyber Cafés.
103.102 Cafe Entertainment and Shows.
103.102.1 Additional Regulations.
103.102.2 Compliance by Existing Permittees and Effect of Noncompliance.
103.103 Card Club – Social Card Club – Card School.
103.104 Carnivals.
103.105 Dancing Academies.
103.106 Dance Halls, Dancing Clubs, Public Dances.
103.106.1 Social Contact Concierge Establishment.
103.107 Escort Bureaus.
103.107.1 Escort – Permit Required.
103.109 Motion Picture Shows.
103.111 Parades and Assemblies.
103.112 Billiard Rooms, Poolrooms, Bowling Alleys.
103.112.1 Family Billiard Rooms.
103.113 Rides.
103.115 Skating Rinks.
103.116 Games of Skill and Science.
103.117 Rifle Range – Shooting Gallery.
103.118 Teenage Dances.
103.120 Soundproofing of Places of Amusement – When Required.
(Amended by Ord. No. 175,676, Eff. 1/11/04.)
Picture Arcade. As used in this article, “picture arcade” shall mean any place, business or establishment that is open to the public, other than a hotel or motel, and that contains one or more coin or slug-operated, or electrically, electronically or mechanically controlled still or motion picture machines, projectors, videotape machines, compact disc or DVD players, or other image producing devices any one of which is maintained to display images, or still or motion pictures to five or fewer persons per machine at any one time.
Adult Picture Arcade. As used in this article, “adult picture arcade” shall mean a picture arcade that displays images, or still or motion pictures, which are distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
(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.
(Amended by Ord. No. 175,676, Eff. 1/11/04.)
All picture arcade permittees must comply with the provisions of Section 103.101.1 upon its effective date, except that permittees must comply with Subsection (c)(3) within 30 days of the effective date of that section and Subsection (c)(4) within 180 days from the effective date of that section.
(Former Sec. 103.101.1 Renumbered by Ord. No. 175,676, Eff. 1/11/04.)
(a) Game Arcade Defined. As used in this article, “Game Arcade” shall mean any place to which the public is admitted wherein five or more coin or slug-operated, or electrically, electronically or mechanically controlled amusement machines are maintained. (Added by Ord. No. 150,184, Eff. 11/7/77.)
(b) Permit Required. No person shall operate, maintain, manage or conduct a game arcade without a written permit for the Board. (Added by Ord. No. 150,184, Eff. 11/7/77.)
(c) Persons Under 16. (Amended by Ord. No. 150,184, Eff. 11/7/77.) No person under 16 years of age shall be permitted to enter or remain in a game arcade between the hours of 10:00 P.M. and 9:00 A.M. unless:
(1) Such person is accompanied by such person’s parent or guardian;
(2) Such number of readily identifiable State licensed security guards or private security guards, as required by order of the Board of Police Commissioners, are on duty in and about the game arcade.
(Added by Ord. No. 176,100, Eff. 8/21/04.)
(a) Definitions:
(1) “Cyber Café” is defined as an establishment that provides five (5) or more personal computers and/or electronic devices for access to the system commonly referred to as the “internet,” electronic mail (E-mail), computer video games, and word processing, to the public for compensation and/or public access. A cyber café shall also include network gaming establishments that provide the equipment and technology for multiplayer personal computer games. Cyber cafés shall not include businesses where personal computer access is clearly incidental to the permitted use, as determined by the Zoning Administrator. Cyber cafés shall be synonymous with Personal Computer Arcades, PC Cafés, Internet Cafés, and Cyber Centers.
(2) “Board” means the Board of Police Commissioners for the City of Los Angeles.
(b) Police Commission Permit Required. No person shall operate, maintain, conduct or manage a Cyber Café without a valid permit having been issued for that purpose.
(c) Permit Application. Application for a Cyber Café permit must be in writing on a form provided by the Board. Applications must be accompanied by the permit fee established in Section 103.12 of this Code.
(d) Issuance of Permits. The Board shall issue a permit pursuant to Chapter X of the Los Angeles Municipal Code.
(e) Permits – Conditions. Permits to operate a Cyber Café shall be issued upon and subject to the following conditions:
(1) The business for which a permit is required herein shall be carried on in a building, structure and location which complies with the requirements and meets the standards of the health, zoning, fire and safety laws of the State of California and ordinances of the City of Los Angeles applicable thereto.
(2) There shall be a video or digital camera surveillance system that monitors all entrance and exit points and all interior spaces, except bathrooms and private office areas, during all hours of operation. The system shall be maintained in good working order and is subject to inspection by the City during business hours. The videotapes or hard drive data shall be maintained for a minimum of 72 hours.
(3) The number of computers shall not exceed a ratio of one (1) user station per 20 square feet of floor area dedicated for the placement of computers for rent or charge.
(4) Booths, stalls, 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, 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, or partitioned portion of a room. If private rooms are available for public use, the door must have a clear window measuring no less than three square feet placed in a manner to allow a clear and unobstructed view of the interior of the room.
(5) All exterior windows shall not be tinted. Any window coverings such as blinds or drapes must be drawn back or opened during hours of operation, except when needed to block sun glare. Any exterior window signage shall comply with all applicable provisions of the Los Angeles Municipal Code.
(6) Lighting to illuminate interior areas used by patrons shall be designed, located and arranged so as to provide no less than 1.5 foot-candles surface illumination on a plane 36 inches from the floor.
(7) An interior waiting area shall be provided to patrons waiting to use a computer or electronic device. Any outside seating shall comply with all applicable provisions of the Los Angeles Municipal Code.
(8) The business shall comply with all State and local laws pertaining to the regulation of sound amplification and noise.
(9) There shall be no consumption of alcohol on the premises, unless the cyber café has obtained a license from the Department of Alcohol Beverage Control (ABC). If the business has an ABC license, it is subject to all applicable ABC rules and regulations, and any applicable provisions of the Los Angeles Municipal Code.
(10) There shall be at least one employee over the age of 18, designated as manager, who is present at all times during business hours. If the cyber café has an ABC license, then the manager must be over 21 years old.
(11) There shall be no smoking pursuant to 41.50 of the Los Angeles Municipal Code.
(12) The business shall comply with all State and local laws relating to gambling and gaming.
(13) Patrons under the age of 18, unless legally emancipated, shall not enter or remain in a Cyber Café between the hours of 8:30 a.m. and 1:30 p.m. on regularly scheduled school days, excluding holidays and/or vacations, or between the hours of 10:00 p.m. on any day and sunrise of the immediately following day. This prohibition shall not apply when the minor is accompanied by a parent or legal guardian. The legal guardian should be able to authenticate guardianship. A sign shall be posted at the entrance of the business in lettering of a least two (2) inches in size advising patrons of the time restrictions applying to minors.
(14) If a patron who appears to the manager to be under the age of 18 wishes to remain in a Cyber Café during the hours of 8:30 a.m. to 1:30 p.m. on regularly scheduled school days, excluding holidays and/or vacations, or between the hours of 10:00 p.m. on any day and sunrise of the immediately following day, they must present a valid form of photo identification to the manager proving they are over the age of 18. The photo identification must include the patron’s date of birth and be issued by a governmental agency or educational institution. Acceptable identification includes a state driver’s license, state identification card, school identification card, or any government issued identification card.
(Amended by Ord. No. 175,676, Eff. 1/11/04.)
(a) Café Entertainment and Shows Defined. As used in this article, the terms “café entertainment and shows” mean every form of live entertainment, music, band or orchestra, act, play, burlesque, revue, pantomime, scene, song or dance act, participated in by one or more persons.
These terms shall also include the exhibiting or showing of still or motion pictures at a public place incidental to the primary business of selling or offering for sale food or beverages or where food or beverages are given away.
(b) Café Entertainment and Shows Business Defined. Café entertainment and shows business means the management or control of any premises:
1. To which the public is admitted on a regular basis for the primary purpose of viewing café entertainment and shows;
2. Not used primarily for café entertainment and shows, but which premises are available on a regular basis, for the purpose of viewing café entertainment and shows;
3. Not used primarily for café entertainment and shows, but which premises are available, for the purpose of viewing café entertainment and shows, provided however, the premises has an occupancy of 2500 or more.
(c) Permit Required. No person shall engage in the café entertainment and shows business without a written permit from the Board.
No permit shall be required if the operation of the show is already permitted under an existing carnival permit.
The provisions of this section are not applicable when a band, orchestra or instrumental group with or without a vocalist performs at a dance, café or public place for the purpose of providing music for dancing and the person or persons conducting, presenting or managing the dance has a current dance hall, dancing club or public dance permit.
(Amended by Ord. No. 176,907, Eff. 9/25/05.)
Any business providing live entertainment in which an entertainer is present shall conform to all the applicable requirements previously set forth in this article and shall also conform to the following additional requirements, whether or not a permit is required under Section 103.102:
(a) No person under the age of 18 years shall be permitted within the premises at any time during the hours of operation, or under the age of 21 years if the business serves alcohol.
(b) The business shall provide separate dressing room facilities for entertainers that are exclusively dedicated to the entertainers use.
(c) No portion of the interior of the premises shall be visible from outside the premises during the hours of operation.
(d) The premises shall be equipped with lighting fixtures of sufficient intensity to illuminate all interior areas of the premises accessible to patrons with an illumination of not less than 1.5 foot-candles evenly distributed as measured at floor level, except during performances, at which times lighting shall be at least 1.0 foot-candles.
(e) Except for restrooms, the premises must be configured so that there is an unobstructed view of all interior areas to which any patron is permitted access. There shall be no entertainment booths, rooms or cubicles. Visibility shall not be blocked or obscured by doors, curtains, drapes, partitions or room dividers of any kind. Partitions of any kind, including drapes made of opaque or other material, are not permitted. Nothing in this subsection precludes the installation of columns which are essential for the structural integrity of the building.
(f) The business shall provide separate restroom facilities for males and females.
(g) No operator, entertainer, employee, agent, or manager of the business shall knowingly permit any patron to intentionally caress, or fondle the clothed or unclothed breasts or genitals of any operator, entertainer, employee, agent, or manager of the business, or knowingly permit any operator, entertainer, employee or agent to intentionally caress or fondle the unclothed breasts or genitals of any patron.
(h) The business shall comply with all signage, parking, landscaping, and design standards established by the City.
(i) 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.
(j) 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.
(k) 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.
(l) The business shall be carried on at a location that complies with the zoning standards established by the City.
(m) The business shall require its employees to maintain identification that includes a photograph of the employee in the form of a valid driver’s license, State identification, or other government issued identification on the premises while working at the business.
(n) If the business serves alcohol, it shall comply with all applicable laws, rules, regulations and any conditions imposed by the Department of Alcoholic Beverage Control.
(o) A manager shall be on duty at all times during hours of operation, or when patrons are present on the premises. The manager on duty shall not be an entertainer.
(p) No permittee shall knowingly allow or permit any act of sexual intercourse, sodomy, oral copulation, or masturbation to be committed on the premises, or knowingly permit or allow the premises to be used as a place in which solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.
(q) At least one state licensed and bonded uniformed security guard shall be employed exclusively to provide security for the business during business hours.
(r) There shall be no beds on the premises accessible to patrons at any time.
(s) The business shall submit with its application a floor plan, drawn to scale, showing all interior dimensions of the premises. Any change to the floor plan requires the business to submit to the Board a revised floor plan within seven calendar days of any alteration, modification or change.
(t) As used herein, the word “knowingly” does not remove a permittee’s duties to supervise and take action. A permittee shall be responsible for the conduct of all employees and entertainers while they are on the premises and every act or omission by an employee or entertainer constituting a violation of any of the provisions of this article shall be deemed the act or omission of the permittee if such act or omission occurred with the authorization, knowledge or approval of the permittee, or as a result of the permittee’s negligent failure to supervise the employee or entertainer’s conduct or to take action after learning of conduct which violates this section.
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