The following words and phrases shall have the meaning set forth
in this section:
"Cybercafé"
means an establishment that provides four or more computers
and/or other electronic devices, for access to that system commonly
referred to as the "Internet," E-mail, playing video games over the
Internet, and/or access to other computer software programs, to the
public for compensation and/or for public access. Cybercafé
is also synonymous with PC café, Internet café, and
cyber centers.
(2591 § 2, 2002; 2802 § 1, 2011)
A. Curfew
for minors. Minors may not enter or remain in a cybercafé establishment
on any day after 10:00 p.m.; or between the hours of 8:00 a.m. and
3:00 p.m. during those weekdays when the public school system within
the City jurisdiction is open and classes are being conducted.
1. Cybercafé
owners shall post a notice at the entrance of the business in lettering
of at least two inches in size advising patrons of the time restrictions
applying to minors.
2. This
time restriction shall not apply when a minor is accompanied by a
parent or guardian (with the guardian being able to authenticate guardianship).
B. Hours
of operation. The hours of operation shall be limited to 7:00 a.m.
to 1:00 a.m. daily; excepting Friday and Saturday nights wherein hours
of operation shall be limited to 7:00 a.m. to 2:00 a.m.
C. Employees/security
guards.
1. Employees. There shall be a minimum of one employee over the age of 18 years on the premises during all hours of operation. There shall be an additional employee over the age of 18 years on the premises if the business has more than 30 computers; however, this requirement shall not apply during the school hours of 8:00 a.m. through 3:00 p.m. described in subsection
A above.
2. Security
guard. There shall be a California licensed, uniform security guard
on the business premises at all times between the hours of 8:00 p.m.
through 2:00 a.m., Friday and Saturday nights. The presence of the
security guard may be counted as satisfying the second employee requirement
described in (C)(1) above, except that an owner may not act under
any circumstances as a security guard to satisfy the security guard
requirements of this subsection.
D. Occupancy.
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.
E. Adult entertainment uses. Adult entertainment uses as defined in Municipal Code Section
9.04.060 are prohibited unless specifically authorized under the zoning requirements for such uses pursuant to Section 9.16.20.070.
F. Fire
exit plan. The owner shall submit and receive approval of an exit
plan from the City's Fire Department. The plan shall address all exiting
requirements of the Uniform Building Code and Fire Code. This includes,
but is not limited to, providing an existing plan showing equipment
location, aisle locations and dimensional widths, and having approved
exit doors and panic hardware.
G. Lighting
and visibility.
1. Interior
lighting shall be maintained at a minimum of 30 footcandles of light.
2. Window
areas shall not be covered or made opaque in any way, excepting during
daylight hours when blinds or other equivalent window coverings may
be used.
H. Camera/video
surveillance system. There shall be a camera/video surveillance system
capable of delineating on playback of the system the activity and
physical features of persons or areas within the premises. The system
shall cover all entrances and exit points and all interior spaces,
excepting bathroom and private office areas. The system shall be subject
to inspection by the City during business hours any day of the week.
The system shall be maintained in good working order, including the
recording of the videotape, at all times. The videotape shall be maintained
for a minimum period of 72 hours.
I. Pool
tables/amusement devices. Pool tables or other amusement devices not
directly related to Internet computer devices are prohibited.
(2591 § 2, 2002; 2802 § 1, 2011)
In the event that existing or future cybercafé businesses
apply for and receive a use permit for the operation of a cybercafé,
it is intended that the use permit shall contain specific land use
conditions, including but not limited to, lighting and security tailored
to the operation of the business. In the event that a use permit has
been issued for a cybercafé and the use permit conditions differ
from the regulations established under this chapter or are in addition
thereto, then the use permit conditions shall govern and supersede
over this chapter's regulations.
(2591 § 2, 2002; 2802 § 1, 2011)
This chapter shall not apply to any nonprofit social service
agency funded 50% or more by the state, county, or federal governments,
or a combination thereof, that operates a cybercafé of less
than 10 computers, on the site of the agency and incidental to the
principal functions of the agency. However, the exception contained
in this section shall not be applicable if the Police Chief determines,
on the basis of one or more incidents at the agency, that the implementation
of this chapter is necessary for the public safety.
(2591 § 2, 2002; 2802 § 1, 2011)