Notwithstanding any other provisions of this chapter, cyber cafes may be conducted in any Multiple Use-2 (MU-2) or Community Commercial (CC) zones, provided they are carried on in accordance with the limitations hereinafter set forth and provided a Conditional Use Permit (CUP) is first obtained, in accordance with Section 16.52 of this code. Cyber cafes shall not be permitted in special districts or a specific plan unless explicitly set forth as a permissible use.
A. Minors (under eighteen (18) years of age) shall not be permitted to enter or remain in a cyber café during the following periods unless accompanied by a parent or legal guardian:
1. Between 8:00 a.m. and 3:00 p.m. or after 10:00 p.m. on Monday through Friday of each week.
2. Saturday and Sunday after 10:00 p.m.
3. The above weekday daytime hours of restriction shall not apply to vacation days or school holidays as established by any public school district or private school, kindergarten through twelfth (12th) grade, operating within the city of Murrieta.
4. Notice of these hours of restriction for minors shall be posted at the entrance in lettering of at least two (2) inches in size.
B. The cyber café shall not be open to customers, patrons, or any member of the public between the hours of 12:00 a.m. to 7:00 a.m.
C. A “No loitering” sign, hours of operation sign, “Persons under eighteen (18) years of age may not enter before 3:00 p.m. on school days” sign, and signs specifying truancy and curfew ordinances shall be posted at the front and rear of the business. In addition, a waiting area with not less than eight (8) seats shall be provided for customers waiting to use the computer. No outside waiting or seating areas permitted.
D. No use shall be maintained within five hundred (500) feet of any church, public or private school below grade thirteen (13), park or public playground.
E. One (1) parking space for every three (3) machines, plus one space for every (4) seats in the waiting area.
F. Each cyber café shall provide bicycle parking.
G. Each center shall provide two (2) toilets and lavatory facilities.
H. No exterior pay phone shall be permitted.
I. No person shall be permitted to consume alcohol on the premises, nor shall any intoxicated person be permitted to remain in the café.
J. No persons who display boisterous conduct, profanity, or otherwise conduct oneself in a vulgar, indecent or violent manner shall be permitted to remain in the café.
K. It will be unlawful under this section to view, or allow viewing, of material depicting or simulating sexual conduct on the premises of any cyber café.
L. Employees shall be twenty-five (25) years of age. There shall be a minimum of one (1) employee managing the cyber café during all working hours. If the business has more than twenty (20) computers, the business is required to add one additional employee for every additional twenty (20) computers, or portion thereof, and for every twenty (20) computers thereafter, or any portion thereof. During each employee's working hours, the employee shall wear a badge identifying the business and the employee's full name.
M. Occupancy shall not exceed that required under the uniform building code and uniform fire code, and the maximum occupancy load shall be posted at the main entrance.
N. The establishment shall maintain and operate a camera/video surveillance system acceptable to the Murrieta Police Department with recording capability during all business hours. This system shall cover the entire interior of the premises and all entrances to and exits from the establishment. The camera/video surveillance system shall be capable of delineating on play back of the system the activity and physical features of persons or areas within the premises.
1. Tapes/disks shall be kept a minimum of seventy-two (72) hours and be available to law enforcement officials immediately upon request.
2. The business owner shall permit the city to inspect the tapes/disks during business hours. The system shall be maintained in good working order, including the running of the tapes/disks.
3. A sign shall be posted inside and at the entrances to the establishment indicating that the premises are under camera/video surveillance.
O. The business owner shall submit and receive approval of a fire exit plan from the Murrieta Fire Department. The plan shall address all existing requirements of the Uniform Building Code and Uniform Fire Code. This includes but not limited to providing an exiting plan showing equipment location, aisle locations and dimensional widths, and having approved exit doors and panic hardware.
P. Any adult entertainment or sexually oriented business is prohibited unless specifically approved pursuant to the requirements of Chapter 5.16 of this code.
Q. Window areas shall not be covered or made opaque in any way. All windows and entrances must be unobstructed at all times so as to allow an unimpaired line of sight for a police officer.
R. The business operator, at his/her expense, shall provide a California licensed uniform security guard on the premises Monday through Friday between 4:00 p.m. and closing and Saturday through Sunday between 12:00 p.m. and closing.
1. The Chief of Police is authorized to require a specific owner/operator to provide a security guard(s) on the premises at other hours of the day in the event that there are significant calls for service relating to assaults, gang-related activity, weapons offenses, disturbances, and juvenile-related crimes, including truancy or other good cause.
2. Any decision of the Chief of Police may be appealed to the City Council. Any appeal shall be made within ten (10) calendar days following the date of the decision by the Chief of Police. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the written decision by the Chief of Police. If such tenth calendar day ends on a Saturday, Sunday, or holiday, the ten-day period shall end at 5:00 p.m. on the next regular business day.
3. All appeals shall be in writing and on forms provided by the planning department and shall specify where in there was any error or decision or requirement by the Chief of Police. Furthermore, a copy of such appeal shall be filed with the planning department and the office of the City Clerk.
4. Upon receipt of such appeal, the planning department shall set the matter for hearing by the City Council.
5. The City Council may after public hearing, affirm, reverse, change, or modify the original decision and may make additional determination that shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the office of the City Clerk and the planning department; one (1) copy thereof shall be sent to the applicant.
S. Lighting levels on the premises within sixty (60) feet of the use and in all required parking areas shall be maintained at a minimum one (1) foot candle of light. Interior lighting shall be maintained at a minimum of thirty (30) foot candles of light.
T. No pool tables or other amusement devices not directly related to internet computer devices shall be permitted.
U. No gaming tournaments for cash prizes shall be permitted.
V. No live music or entertainment, amplified music or entertainment, or karaoke devices shall be permitted.
(Ord. 310 § 7, 2004)