Antioch Municipal Code Ch. 11 Computer Gaming and Internet Access Businesses

It is the purpose and intent of this chapter to regulate computer gaming and internet access businesses to promote the protection of the public from the dangers of fire and hazards to health, to ensure the full protection of minors, and for the general preservation of the peace and welfare of the community. It is the intent of the city to establish minimally intrusive protocols to provide reasonable accountability for computer gaming and internet access and use at computer gaming and internet access businesses. The city finds such accountability to be reasonably necessary to minimize the risk of use of the computer and/or internet by persons at computer gaming and internet access businesses for criminal purposes and to increase the opportunities for the safe apprehension of such persons patronizing computer gaming and internet businesses for criminal purposes, while recognizing rights of individuals to use the internet and computer gaming and internet access businesses for legitimate purposes.

(Ord. 2053-C-S, passed 2-28-12; Am. Ord. 2054-C-S, passed 3-13-12)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMPUTER GAMING AND INTERNET ACCESS BUSINESS. An establishment that provides computers or other electronic devices for access to the world wide web, internet, e-mail, video games, or computer software programs which operate alone or are networked (via LAN, WAN or otherwise) or which function as a client/server program, and which seeks compensation, in any form, from users. COMPUTER GAMING AND INTERNET ACCESS BUSINESS is synonymous with a personal computer (“PC”) café, internet café, cyber café, sweepstakes gaming facilities, business center, internet sales business, and internet center, but does not include a Public use or internet learning center as defined herein.

PUBLIC USE OR INTERNET LEARNING BUSINESS. An establishment that provides computer access which is operated by the city, a school district, a library, a college district, or a private institution of learning which provides classes in computer instruction and does not receive compensation in any form other than school tuition or a non-profit organization that provides computer access as part of a free or low cost bona-fide training or educational program.

(Ord. 2053-C-S, passed 2-28-12; Am. Ord. 2054-C-S, passed 3-13-12; Am. Ord. 2076-C-S, passed 11-26-13)

It is unlawful for any person to engage in, conduct or carry on, in or upon any premises or real property located within the city, the activities of an computer gaming and internet access business, unless such person has been granted a valid license pursuant to the provisions of this chapter. A separate license shall be required for each location within the city where a computer gaming and internet access business is to be established. Public use or internet learning business shall be exempt from the license requirements herein.

(Ord. 2053-C-S, passed 2-28-12; Am. Ord. 2054-C-S, passed 3-13-12) Penalty, see § 5-11.80

The term of a computer gaming and internet access business license, unless sooner suspended or revoked, shall be one year.

(Ord. 2053-C-S, passed 2-28-12; Am. Ord. 2054-C-S, passed 3-13-12)

A computer gaming and internet access business license, issued pursuant to the provisions of this chapter, that has not been suspended or revoked, may be renewed, upon payment of the renewal application fee, for a period not to exceed one year upon written application to the community development director made at least 60 days prior to the expiration date of the current valid license. This application for renewal of a license shall contain all of the information required by Section § 5-11.20 of this chapter and shall be processed in accordance with the provisions of this chapter.

(Ord. 2053-C-S, passed 2-28-12; Am. Ord. 2054-C-S, passed 3-13-12)

(A) Any person desiring to obtain a license or to renew an existing license to operate a computer gaming and internet access business shall file a written application with the Community Development Director. The application shall be signed under the penalty of perjury. Prior to submitting the application, a nonrefundable fee, in an amount established by resolution of the City Council, shall be paid to the city to defray the cost of the investigation and issuance required by this chapter. The license issuance or renewal fee required under this chapter shall be in addition to any other license or fee required under this code.

(B) Neither the filing of an application for a license or renewal thereof nor payment of an application or renewal fee shall authorize the operation of a computer gaming and internet access business until such license has been granted or renewed.

(C) Each applicant for a computer gaming and internet access business license or renewal thereof shall furnish the following information:

(1) The present or proposed address where the business is to be conducted;

(2) The full and true name under which the business will be conducted;

(3) The full and true name and any other names used by the applicant and owner of the business, if the owner is not the applicant;

(4) The applicant and owner’s present residential and business addresses and telephone numbers;

(5) Each residential and business address of the applicant and the owner for the five-year period immediately preceding the date of filing the application and the inclusive dates of each address;

(6) The California driver’s license or identification number of the applicant and owner;

(7) A precise description of the activities and/or services to be provided;

(8) A detailed site and floor plan of the proposed business, depicting the building and unit proposed and including interior dimensions and off- street parking spaces required by the city’s zoning code;

(9) A detailed description of the food and beverage service, if any, that will be offered to patrons;

(10) The dates and hours during which the computer gaming and internet access business is desired to be conducted and a list of the fees to be charged patrons;

(11) The name(s) of the person(s) responsible for the operation, management, and supervision of the computer gaming and internet access business;

(12) A statement as to whether the applicant, owner, or any person to be responsible for the operation, management, and supervision of the computer gaming and internet access Business has, within the past five years, had any permit or license issued in conjunction with a computer gaming and internet access business in any jurisdiction, and whether during that period the license was suspended or revoked. If so, then the application shall provide the name of the issuing agency and an explanation of the suspension or revocation;

(13) Signature of the property owner indicating approval of the submission of the license application; and

(14) Such other information as the Community Development Director may require to discover the truth of the matters required to be set forth in the application.

(D) The applicant shall present proof to the Community Development Director that the required application or application renewal fee has been paid, and shall present the application containing the information and supporting documentation required by division (C) of this section. A copy of the application shall be distributed to the city’s Planning and Building Divisions, the Police Department, and the Fire District for review.

(E) When any change occurs regarding the written information required by division (C) of this section to be included in the application, the applicant or license holder, as the case may be, shall give written notification of such change to the Community Development Director within five business days of such change.

(F) The Community Development Director shall have a reasonable time, not to exceed 30 days to investigate the facts set forth in the application and to receive comments from the city’s Planning and Building Departments, the Police Department, and the Fire District. The Community Development Director shall, within 60 days after the date of the filing of the application, grant the license or renewal thereof only if it is found that all of the following requirements have been met:

(1) The required fees have been paid;

(2) The application and all information contained therein conform in all respects to the provisions of this chapter;

(3) The applicant has not knowingly made a material misrepresentation of fact in the application;

(4) The proposed computer gaming and internet access business would comply with this chapter and all other applicable city, county, and state laws, including but not limited to health, zoning, fire, and safety requirements and standards, and that, as proposed, the computer gaming and internet access business would not generate criminal activities, present unnecessary criminal opportunities, or cause violations of curfews by minors due to failure to comply with federal or state law or the municipal code, including but not limited to operational standards set forth below;

(5) The applicant is at least 18 years of age;

(6) The computer gaming and internet access business site and floor plan have been reviewed by the city’s Planning and Building Departments and the Police Department and Fire District, which have approved the same as well as all fire and panic safety equipment required to be installed; all requirements of the Americans with Disabilities Act have been satisfied; and that the maximum occupancy has been established, will be posted, and will not likely be exceeded based on the floor plan; and,

(7) The Community Development Director has not received evidence that the applicant has, within the previous five years, had any license or entitlement to operate a computer gaming and internet access business revoked due to the applicant’s commission of a crime or violation of the operational standards or conditions of approval applicable to a computer gaming and internet access business; provided, however, a computer gaming and internet access business license may be granted subject to additional conditions designed to preclude a recurrence of the events or activities causing the prior license revocation.

(G) If the Community Development Director does not find that all of the requirements of division (F) of this section have been met, the application shall be denied.

(1) In the event that an application for a license or renewal thereof is denied, written notice of the denial shall be given to the applicant within 60 days after the date of the filing of the application specifying the ground(s) of the denial and a description of the hearing rights provided by § 5-11.20(G)(2), below. Notice of denial of the application may be personally served or served by first-class postage prepaid and addressed to the applicant at the address set forth in the application. Mailed notice shall be deemed received three days after mailing.

(2) The decision of the Community Development Director may be appealed by filing a written notice requesting a hearing within ten calendar days of the decision of the Community Development Director. The appeal may be heard by a hearing officer (for purposes of this section, the term HEARING OFFICER shall mean the City Manager or a hearing officer appointed by the City Manager) or by the Board of Administrative Appeals, pursuant to Chapter 4 of Title 1 of the Municipal Code.

(a) The hearing shall be conducted within 45 days of the request.

(b) The hearing shall be conducted under such rules of procedure as are appropriate to quasi-judicial proceedings, provided that the applicant and the city shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The hearing officer/Board of Administrative Appeals shall not be bound by the statutory rules of evidence in the hearing. The applicant shall have the burden of proof that the Community Development Director’s determination was wrong. The hearing shall be recorded so that a transcript of the hearing can be prepared by either party.

(c) At the conclusion of the hearing, the hearing officer/Board of Administrative Appeals shall decide whether the grounds for denial, revocation or non-renewal exist. Within ten days after the conclusion of the hearing, the hearing officer/Board of Administrative Appeals shall file with the City Clerk, together with the recording of the hearing, a written decision supported by written findings based on the evidence submitted and a statement of the order. A copy of the decision shall be forwarded by certified mail, postage prepaid, to the applicant by the City Clerk. The decision of the hearing officer/Board of Administrative Appeals shall become effective three days after its mailing to the applicant unless timely appealed as provided in the following section.

(H) The decision of the hearing officer or Board of Administrative Appeals shall be final unless appealed to the City Council by the filing of a written appeal with the City Clerk by the City Manager or member of the Council within ten calendar days of mailing of the decision. All such appeals shall be filed with the City Clerk and shall be public records. The City Council shall, at a duly noticed meeting within 45 days from the date the written appeal was filed, independently review the entire record, including the recording or transcript of the hearing and any oral or written arguments which may be offered to the City Council by the appellant. At the conclusion of the review, a majority of the City Council members present may decide to sustain the decision, modify the decision, or order the decision stricken and issue such order as the City Council finds is supported by the entire record. The lack of a majority to take action means that the decision of the hearing officer or Board of Administrative Appeals remains in effect. The action of the City Council shall be final and conclusive, shall be rendered in writing within ten days, and shall be immediately mailed or delivered to the applicant.

(I) Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided or may request a continuance regarding any decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city or constitute failure by the city to provide for prompt decisions on applications.

(J) The time for a court challenge to a decision under this section is governed by California Code of Civil Procedure § 1094.8 and notice of the city’s decision and its findings shall include citation to California Code of Civil Procedure § 1094.8.

(Ord. 2053-C-S, passed 2-28-12; Am. Ord. 2054-C-S, passed 3-13-12)

Unless prior application is made, thereafter approved, and a license issued thereon, upon the sale or transfer of any interest in a computer gaming and internet access business, the license shall immediately become null and void. A new application must be made and a new fee paid by any person desiring to own or operate the computer gaming and internet access business. Any application involving the sale or transfer of any interest in an existing computer gaming and internet access Business, as well as any license which may thereafter be granted, shall be subject to the provisions of this chapter.

(Ord. 2053-C-S, passed 2-28-12; Am. Ord. 2054-C-S, passed 3-13-12)

(A) A holder of a valid computer gaming and internet access business license shall notify the Community Development Director, in writing, of any proposed change in the business location, floor plan, or business name at least 30 days prior to such change.

(B) Nothing in this section shall excuse the owner of a computer gaming and internet access business from obtaining all other approvals necessary to change a location, floor plan, or business name, including but not limited to building permits.

(Ord. 2053-C-S, passed 2-28-12; Am. Ord. 2054-C-S, passed 3-13-12) Penalty, see § 5-11.80

(A) If the city finds that any person holding an computer gaming and internet access business license has violated or allowed the violation of any of the provisions of this chapter or has conducted business in a manner that could have been grounds for license denial, the license may be revoked following notice and a hearing.

(B) No revocation shall become effective until the license holder has been notified in writing of the right to a hearing pursuant to the provisions of § 5-11.20(G) of this chapter. Notice of the pending revocation and right to appeal shall be given to the license holder either by personal delivery or registered mail, addressed to the license holder at the address set forth in the license application. Mailed notice shall be deemed received three days after mailing.

(C) If a request for hearing is filed within ten calendar days from the notice provided in division (B) of this section above, the city shall conduct an appeal hearing as provided in § 5-11.20(G), (H), (I), and (J), above. The revocation shall be stayed pending the decision, unless, in the determination of the City Manager, immediate suspension pending the hearing is necessary due to an immediate threat to the public health, safety, or welfare. Otherwise, the revocation shall become effective upon expiration of the appeal period.

(Ord. 2053-C-S, passed 2-28-12; Am. Ord. 2054-C-S, passed 3-13-12)

(A) Prohibitions regarding minors.

(1) Minors (under 18 years of age), unless legally emancipated, shall not be permitted to enter or remain in a computer gaming and internet access business during any time that he or she is required to be in attendance at school unless accompanied by a parent or legal guardian.

(2) Minors (under 18 years of age), unless legally emancipated, shall not be permitted to enter or remain in a computer gaming and internet access business during the hours of the juvenile protection curfew of 11:01 p.m. through 5:00 a.m., seven nights a week, pursuant to Article 2 of Chapter 10 of Title 5 of the city municipal code.

(3) Signs shall be placed at the entrance of the business and inside the business setting forth these restrictions in lettering of at least two inches in size.

(B) Hours of operation. The computer gaming and internet access business shall not be open to customers, patrons, or any member of the public between the hours of 12:00 a.m. and 8:00 a.m. on Friday, Saturday, and Sunday or between the hours of 11:00 p.m. and 8:00 a.m. Monday through Thursday. The Chief of Police may restrict hours further if warranted to protect public health, safety and welfare.

(C) Interior waiting area. An interior waiting area with not less than five seats shall be provided for customers waiting to use a computer. The number of seats shall be increased by one for every five additional computers beyond 25 computers in the business. No outside waiting or seating area is permitted.

(D) No smoking or consumption of alcoholic beverages. No person shall be permitted to smoke or consume alcoholic beverages on the inside of the premises. The sale of cigarettes and alcohol on the premises is prohibited. No intoxicated or disorderly person shall be allowed to remain on the premises.

(E) Staffing. Employees shall be at least 18 years of age. There shall be a minimum of two employees staffing the computer gaming and internet access business during all working hours with at least one manager or supervisor. The ratio of employees to computers and/or other electronic devices that access the internet shall be 2:40. During each employee’s working hours, the employee shall wear a badge identifying the business and the employee’s name. Security personnel indicated in division (I) of this section below shall not be included in this minimum staffing number.

(F) Occupancy. Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire Code. The maximum occupancy load shall be posted at the main entrance.

(G) Surveillance system.

(1) Each computer gaming and internet access business operator shall install a digital camera/video surveillance system on the premises operational at all times. The system shall cover the entire interior of the premises and all entrances to and exits from the establishment. Tapes/disks shall be kept a minimum of 14 calendar days or longer if required by the Chief of Police. The owner shall permit a representative of the Police Department’s office to inspect the tapes/disks during business hours.

(2) A sign shall be posted inside and at the entrances to the establishment indicating that the premises are under camera/video surveillance.

(H) Windows and window coverings. Store fronts (front façade of the tenant space) shall be primarily glass with glass occupying at least 45% of the entire store front and 60% of the horizontal length of the store front (see also Antioch Citywide Design Guidelines). Glass customer doors are required. Window and door areas shall not be covered, tinted, or made opaque in any way, or obscured in any way by landscaping, floor displays, equipment, or the like.

(I) Security guards.

(1) Security guard(s) are required on the premises during all business hours.

(2) Security guards shall be uniformed and be employed by a private patrol operator that is currently licensed with the California Department of Consumer Affairs. The name of the patrol operator with state license number and the guard registration numbers shall be provided to the Community Development Department. Any changes to the patrol operator shall be approved by the Police Chief at least two working days prior to patrol operator taking over security at the business.

(3) Security guards shall also patrol the exterior of the business and any parking lot areas.

(4) The Chief of Police may require more than one security guard if there are more than 15 computers or similar devices or continued repeated calls for service indicate that one security guard is not adequate.

(J) No adult entertainment business or adult boutique. Any access to adult entertainment oriented web sites, as defined in § 9-5.203 of this code, is prohibited unless specifically permitted under §§ 9-5.3808 or 9-5.3808.1 of this code.

(K) No other amusement devices. No pool tables or other amusement devices not directly related to the internet and similar computer devices shall be permitted in the business.

(L) No tournaments. No gaming tournaments for cash prizes deemed to be gambling under the provisions of state law shall be permitted.

(M) Interior signs. User rates and other fees must be conspicuously posted on the premises.

(N) No illegal gambling. Under no circumstances shall electronic game machines, which include computers and other amusement devices, be used for illegal gaming or gambling. The applicant shall be responsible for ensuring customers do not use any electronic game machine for illegal gaming or gambling.

(O) No litter. The applicant shall provide adequate trash receptacles both inside and outside of the building. The applicant shall keep the outside of the business, including the parking lot, free of litter, trash, and debris.

(P) No private rooms. Any individual computer use area within the business shall be visible from a public portion of the computer gaming and internet access business and shall not be obscured by any door, curtain, wall, two-way mirror, or other device which would prohibit a person from seeing the entire interior of the computer use area. Further, no one shall maintain any individual viewing area in any configuration unless the entire interior wherein the computer that is being used is visible to staff and customers. No doors are permitted on an individual viewing area. No partially or fully enclosed individual viewing areas or partially or fully concealed individual viewing areas shall be maintained.

(Q) Alarm system. An alarm system shall be installed that distinguishes between a burglary and a robbery. The system shall monitor 24 hours per day. All public entrance and exit doors to the business shall have electronic monitoring system that produce a sound when a person transverses the doorway. The Chief of Police may require the system to be electronically connected with the police department if activated.

(R) Number of computers. The number of computers or similar devices in a computer gaming and internet access business shall not exceed 30 square feet of floor area per computer of the floor area that is dedicated to the placement of computers for rent or charge.

(Ord. 2076-C-S, passed 11-26-13)

Any computer gaming and internet access business operated, conducted, or maintained contrary to the provisions of this chapter shall be and hereby is declared to be unlawful and a public nuisance, and the city may, in addition to or in lieu of any other remedy, commence an action or proceeding for the abatement, removal, or enjoinment thereof, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief to abate or remove such establishment and restrain and enjoin any person from operating, conducting, or maintaining a computer gaming and internet access business contrary to the provisions of this chapter.

(Ord. 2053-C-S, passed 2-28-12; Am. Ord. 2054-C-S, passed 3-13-12)

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating, permitting, or causing the violation of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as set forth in § 1-2.01 of this code, or any successor provision thereto. Each person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of any provision of this chapter is committed, continued, or permitted by such person and shall be deemed punishable therefor as provided in this section.

(Ord. 2053-C-S, passed 2-28-12; Am. Ord. 2054-C-S, passed 3-13-12)

The City Council shall, by resolution, set a fee for application for a computer gaming and internet access business license. Until such fee is set, the application fee shall be the minimum fee currently established for the application extension fee in the city’s master fee schedule.

(Ord. 2053-C-S, passed 2-28-12; Am. Ord. 2054-C-S, passed 3-13-12)