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(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.
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