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(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.
(Amended by Ord. No. 176,907, Eff. 9/25/05.)
(a) All café entertainment and shows permittees must comply with the provisions of Section 103.102.1 upon its effective date, except that these permittees shall comply with Subsections (b), (c), (e) and (f) no later than 180 days from the effective date of that section. Compliance with Subsection (e) is further extended 90 days from the date of amendment of that subsection.
(b) Violations of the regulations set forth in Section 103.102.1 shall not be prosecuted as misdemeanors, but shall be subject to administrative sanctions and civil remedies as provided by this Code, or at law or in equity, or any combination of these.
(Added by Ord. No. 111,348, Eff. 7/4/58.)
(a) Definitions. As used in this article:
1. “CARD CLUB” or “SOCIAL CARD CLUB” means any place maintained, operated or conducted, for the principal purpose of furnishing a place where members or guests or other persons play card games, and where:
(i) A fee is charged either as membership dues or for admission to such place, or for the privilege of playing at cards; or
(ii) Any collection or donation of money is made or received.
2. “CARD SCHOOL” means any place maintained, operated or conducted for the purpose of giving instructions in the playing of card games of any type.
(b) Permit Required. No person shall maintain, operate, conduct or carry on any card club, social card club or card school without a written permit from the Board.
(c) Games Prohibited by Law. No permit issued by the Board shall authorize the conduct of any card game which is prohibited by the Penal Code of California or any ordinance of this City. Any permit issued in violation of this subsection shall be void.
(d) Public Hearings. The Board shall require a public hearing prior to taking action on an application for a permit pursuant to this section. The applicant shall cause to be published a notice of public hearing two times at intervals of not less than five days, within the 21-day period following the filing of an application, in a newspaper of general circulation in the district where the business is to be located. The Board shall cause a suitable public notice to be posted at the location where the business is to be conducted. The applicant shall bear all expense involved in printing, publishing and posting such notice. Such public notice shall conform to rules and regulations adopted by the Board and shall be designed to inform the public as to the nature of the business to be engaged in, its location, the names of the applicant or applicants, the time of the public hearing and the right of persons objecting to be heard. Any interested person may file written protests or objections or appear at the hearing. The Board shall give consideration to all such protests in reaching a decision on such application. (Amended by Ord. No. 137,649, Eff. 1/6/69.)
(Amended by Ord. No. 117,644, Eff. 1/1/61.)
(a) Definitions.
1. “Carnival” shall mean any fair, festival or like activity of a temporary nature having a concession or concessions.
2. “Concession” shall mean and include any booth or stand or any space, court or area at or in which any game or test of skill, science or amusement is offered and at or in which the public is permitted or invited to participate for a fee, charge or donation.
3. “Operator” or “Conductor” shall mean the operator or conductor of a carnival or concession, as more particularly set forth in Subsection (b) of Section 21.75 of this Code.
(b) Permit Required.
1. No person shall conduct, operate, maintain or carry on a carnival without a written permit from the Board unless exempted under the provisions of Subsection (g) of this section.
2. The operator or conductor shall be responsible for filing the application for a police permit.
3. The permit shall become immediately null and void and without force or effect upon failure to comply with any applicable provisions of this section, or upon the making of a false or misleading application therefor, or upon violation of the gambling statutes or ordinances of the State of California or City of Los Angeles, the hearing, suspension or revocation pro- visions of this article to the contrary notwithstanding.
4. The duration of a carnival operating under fee exempt permit shall not exceed ten calendar days.
(c) Permit Application Requirements.
1. The application shall be filed on a form and in a manner prescribed by the Board.
2. The application shall be for a specified time and for a specified location.
3. New applications shall be required for any renewal, change in location, or change in operating time period, and shall be accompanied by the required fees set forth in Section 103.12.
4. (Amended by Ord. No. 173,300, Eff. 6/30/00, Oper. 7/1/00.) The application shall be filed with the Office of Finance not less than 14 calendar days prior to the first day of operation of the carnival. No application shall be accepted by the Office of Finance which is not filed within the time limit prescribed herein.
5. A complete list of the names and a brief description of the method of play for each game or test of skill, science or amusement shall be attached to the application.
(d) No Permit to Minors. No application shall be accepted from any person under 18 years of age. (Amended by Ord. No. 144,116, Eff. 12/31/72.)
(e) (None)
(f) Carnival Prohibited on Streets. No permit shall be granted to any person to hold a carnival in or upon any of the streets or alleys belonging to this City.
(g) Permit Exemptions. No police permit and no police permit fee shall be required for any religious, charitable, educational or other nonprofit benevolent institution to operate or conduct a carnival when the net proceeds of the carnival are to be used exclusively for religious, charitable, benevolent, educational, or civic purposes, and the operator or conductor has applied for and obtained a tax exempt registration certificate pursuant to the provisions of Section 21.75 of this Code. (Amended by Ord. No. 143,208, Eff. 5/6/72.)
(h) Public Hearings. The Board shall require a public hearing prior to taking action on an application for a permit to conduct or operate a carnival. The applicant for such permit shall cause a notice of public hearing to be published two times at intervals of not less than five days within the 14-day period prior to the first day of operation of the carnival. Such notice shall be published in a newspaper of general circulation in the area where the carnival is to be located and the applicant shall bear all expenses involved in such printing and publishing. The Board shall cause a suitable public notice to be posted at the location where the carnival is to be conducted at least five calendar days prior to the first day of the carnival. All such public notices shall conform to rules and regulations adopted by the Board and shall be designed to inform the public of the proposed carnival, its location, the names of the applicant or applicants, the time of the public hearing and the right of objecting persons to be heard. Any interested person may file written protests, or objections or appear at the hearing. The Board shall give consideration to all such protests in reaching a decision on such application. The provisions of this subsection shall apply to all carnivals, the provisions of Section 103.03 of this Code to the contrary not withstanding. (Amended by Ord. No. 137,649, Eff. 1/6/69.)
(i) False Statement. Any person who makes or causes to be made any false or misleading statements or omissions in an application for a carnival permit, shall be guilty of a misdemeanor.
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