(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.