Brentwood Municipal Code Ch. 5.72 Computer Gaming and Internet Access Establishments

A. Findings.

1. The city council has considered written documentation, included in the staff report, documenting the link between computer gaming and Internet access establishments and criminal behavior and related detrimental neighborhood effects.

2. Computer gaming and Internet access establishments also often have local school students and minors as their target market, and thereby may encourage the assembly of significant numbers of minors without supervision by parents or guardians. Further, given concerns about high school attendance, such congregation of students should not be allowed during regular school hours.

3. The city council of the city of Brentwood finds that the Brentwood Municipal Code does not currently provide adequate standards and regulations concerning the review, approval and operation of computer gaming and Internet access establishments. As a result, the city may be vulnerable to the detrimental impacts that have become frequently associated with the activities of computer gaming and Internet access establishments.

4. The city council seeks to regulate computer gaming and Internet access establishments 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 this community.

5. The intent of this chapter is to protect the city, its neighborhoods, and its inhabitants from the detrimental effect of computer gaming and Internet access establishments, while allowing for their establishment as consistent with state and federal laws and regulations.

6. The city council further finds that this chapter constitutes a matter of city-wide importance and is not directed towards or targeted at any particular parcel of property, any particular business or any proposed occupant or development.

B. Purpose. It is the purpose and intent of this chapter to regulate computer gaming and Internet access establishments 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 this 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 establishments. 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 establishments for criminal purposes and to increase the opportunities for safe apprehension of such persons patronizing computer gaming and Internet access establishments for criminal purposes, while recognizing the rights of individuals to use the Internet and computer gaming and Internet access establishments for legitimate purposes.

(Ord. 907 § 2, 2012)

"Computer gaming and Internet access establishment"

means an establishment that provides more than four computers or other electronic devices for access to the World Wide Web, Internet, e-mail, video games or computer software programs which operates 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 establishment is synonymous with a personal computer ("PC") café, Internet café, cybercafé, sweepstakes gaming facilities, 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 center"

means an establishment that provides computer access which is operated by the city of Brentwood, a school district, a library, a college district, or a private institution of learning which provides classes in computer instruction or uses computers to aid in academic instruction or a nonprofit organization which does not receive compensation in any form other than school tuition.

(Ord. 907 § 2, 2012)

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 a computer gaming and Internet access establishment, 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 establishment is to be established. Public use or Internet learning centers shall be exempt from the license requirements herein.

(Ord. 907 § 2, 2012)

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

(Ord. 907 § 2, 2012)

A computer gaming and Internet access establishment license, issued pursuant to the provisions of this chapter, that has not been suspended or revoked, may be renewed, upon payment of the renewal nonrefundable application fee, for a period not to exceed one year upon written application to the chief of police made at least sixty days prior to the expiration date of the current valid license. This application for renewal of license shall contain all of the information required by Section 5.72.060 of this chapter and shall be processed in accordance with the provisions of this chapter.

(Ord. 907 § 2, 2012)

A. Any person desiring to obtain a license or to renew an existing license to operate a computer gaming and Internet access establishment shall file a written application with the chief of police. The application shall be in addition to applications for any land use entitlements necessary to establish the use on the property identified on the application as the site of the proposed business. 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 fees required under this code, including, but not limited to, a business license from the city.

B. Neither the filing of an application for license or renewal thereof nor payment of an application or renewal fee shall authorize the operation of a computer gaming and Internet access establishment until such license has been granted or renewed by the city.

C. The application for a license required hereunder shall be on a form prescribed by the city manager and shall require all applicants for a computer gaming and Internet access establishment license or renewals thereof to 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 if the owner is not the applicant of the business;

4. The applicant and owner's present residential and business addresses and telephone numbers;

5. Each residential and business address of the applicant and 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 establishment is desired to be conducted and a list of the fees to be charged patrons;

11. The names of persons responsible for the operation, management, and supervision of the computer gaming and Internet access establishment;

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

13. Signature of the property owner indicating approval of the submission of the license application;

14. Live Scan examination (fingerprint check) of all persons responsible for the operation, management and supervision of the computer gaming and Internet access establishment, subject to the discretion of the chief of police; and

15. Such other information as the chief of police may require to discover the truth of the information to be provided in the application.

D. A notice of intent to apply for permits for a computer gaming and Internet access establishment must be posted on the premises in question within five days of the filing of an application for any permit hereunder in addition to the public notice requirements of this municipal code.

E. The applicant shall present proof to the chief of police that the required application or application renewal fee has been paid, and shall present the application containing the information and supporting documentation required by subsection C of this section. A copy of the application shall be distributed to the city's community development department, the police department and the fire district for review.

F. When any change occurs regarding the written information required by subsection 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 chief of police within five business days of such change.

G. The chief of police shall have a reasonable time, not to exceed thirty days, to determine whether the police department has received sufficient information on the application to approve or deny said application. If sufficient information has not been received, the chief of police will notify the applicant of any specific information needed to deem the application complete. Once the chief of police has received sufficient information to deem the application complete, the police department shall have an additional thirty days to investigate the facts set forth in the application and to receive comments from the city's community development department, the police department and the fire district. The chief of police shall, within thirty days after the date that the application is deemed complete, 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 is complete, and all information contained therein conforms in all respects to the provision of this chapter;

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

4. The applicant has not owned, operated, or associated with any computer gaming and Internet access establishment, or any similarly licensed or permitted establishment, that has had its license, certificate, or permit revoked by the city or any public agency during the seven years preceding the date of the application;

5. The applicant has not been successfully prosecuted under the Red Light Abatement Act (California Penal Code Section 11225 et seq.) or any similar law in another jurisdiction during seven years preceding the date of the application;

6. The applicant has never been convicted of, or pled guilty or no contest to an offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, 11058, 11351, 11352, 11358 through 11363 or 11378 through 11380 of the California Health and Safety Code, or equivalent offenses under the laws of another jurisdiction, even if expunged pursuant to Penal Code Section 1203.4; or

7. The computer gaming and Internet access establishment as proposed by the applicant would fully comply with all applicable city, county and state laws, including, but not limited to, the city's building, zoning, health, and fire safety ordinances and standards;

8. The proposal for the computer gaming and Internet access establishment, as described in the application, includes all reasonable measures to ensure that the business would not generate criminal activities, present unnecessary criminal opportunities, or tend to 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, the operational standards set forth in Section 5.72.110;

9. The applicant is at least eighteen years of age; and

10. The computer gaming and Internet access establishment site and floor plan have been reviewed by the city's community development department 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.

H. No operator shall install or allow any Internet gaming or computer equipment to be installed in any place of business that requires a permit as provided for in this chapter unless and until the operator has been issued such a permit.

I. If the chief of police does not find that all of the requirements of subsection G of this section have been met, the application shall be denied.

J. 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 sixty days after the date of the filing of the application, specifying the grounds of the denial and a description of the hearing rights provided by Section 5.72.070. 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.

(Ord. 907 § 2, 2012)

A. A decision of the chief, or designee, under this chapter may be appealed to the city manager. The person filing an appeal shall do so in writing, accompanied by the appeal fee as prescribed by a resolution of the city council, within ten days after the decision being appealed, and shall state specifically the grounds for the appeal.

B. The city manager or designee shall hear the appeal within ten working days, after giving the permittee at least five days written notice of the time and place of the hearing. The decision of the city manager or designee is final.

C. Failure to appeal an action of the chief of police or designee under this chapter shall be deemed a failure of the applicant/permittee to exhaust their administrative remedies.

D. The time for a court challenge to a decision under this section is governed by California Code of Civil Procedure Section 1094.8 and notice of the city's decision and its findings shall include citation to California Code of Civil Procedure Section 1094.8.

(Ord. 907 § 2, 2012)

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 establishment, 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 establishment. Any application involving the sale or transfer of any interest in an existing computer gaming and Internet access establishment and any license which may thereafter be granted shall be subject to the provisions of this chapter.

(Ord. 907 § 2, 2012)

A. A holder of a valid computer gaming and Internet access establishment license shall notify the chief of police, in writing, of any proposed change in the business location, floor plan or business name at least thirty days prior to such change.

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

(Ord. 907 § 2, 2012)

A. If the city finds that any person holding a computer gaming and Internet access establishment license has violated or allowed the violation of any of the provisions of this chapter, or has failed to comply with any requirements of the chief of police issued pursuant to Section 5.72.110(G) or (I), or has conducted business in a manner that could have been grounds for a license denial, the license may be revoked following notice and hearing.

B. No application shall become effective until the license holder has been notified in writing of the right to a hearing pursuant to the provisions of Section 5.72.070 of this chapter.

C. If the request for hearing is filed within ten calendar days from the notice provided in subsection B, the city shall conduct an appeal hearing as provided in Section 5.72.070. 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 public health, safety or welfare. Otherwise, the revocation shall become effective upon expiration of the appeal period or expiration of the current license, whichever comes first.

(Ord. 907 § 2, 2012)

Unless an exception is specifically granted by the city to the licensee, all computer gaming and Internet access establishments shall establish and remain in compliance with the following:

A. Prohibitions Regarding Minors.

1. Minors (under eighteen years of age) shall not be permitted to enter or remain in a computer gaming and Internet access establishment 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 eighteen years of age) shall not be permitted to enter or remain in any computer gaming and Internet access establishment during the hours of the curfew for minors established under municipal code Section 9.68.010 (between the hours of ten p.m. and five a.m., Sunday, Monday, Tuesday, Wednesday, and Thursday, or twelve a.m. and five a.m. on Friday and Saturday).

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 establishment shall not be open to customers, patrons or any member of the public between the hours of twelve a.m. and eight a.m. on Friday, Saturday and Sunday or between the hours of eleven p.m. and eight a.m., Monday through Thursday.

C. Interior Waiting Area. An interior waiting area of not less than eight 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 twenty-five 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 persons shall be allowed to remain on the premises.

E. Staffing. Employees shall be at least eighteen years of age. There shall be a minimum of two employees staffing the computer gaming and Internet access establishment during all working hours with at least one manager or supervisor. The ratio of employees to computers and/or other electronic devices to access the Internet shall be 2:15. During each employee's work hours, the employee shall wear a badge identifying the business and the employee's full name. Security personnel indicated in subsection I, shall not be included in this minimum staffing number.

F. Occupancy. Occupancy shall not exceed that required under the uniform building code and the uniform fire code. The maximum occupancy load shall be posted at the main entrance.

G. Surveillance System.

1. The chief of police may require a computer gaming and Internet access establishment operator to install a digital camera/video surveillance system on the premises if the police department determines, in its sole discretion, that there are or have been repeated calls for police services, or there exists a strong likelihood that the computer gaming and Internet access establishment will create a need for repeated calls for police services, relating to the premises including, but not limited to, assaults, public intoxication, vandalism, gang activities, weapons offenses, disturbances of the peace, and juvenile crimes including truancy. This requirement may be imposed before or after issuance of the license.

2. In the event of such a determination, the establishment shall maintain and operate a camera/video surveillance system during all business hours. 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 fourteen calendar days, or as 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.

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

H. Window Coverings. Windows and window 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, excepting during daylight hours when partial blinds or other equivalent window coverings may be used, provided that the interior remains visible from the public right-of-way.

I. Security Guards.

1. All computer gaming and Internet access establishment operators shall provide one or more security guards on the premises, with the number of security guards to be determined by the chief of police. In the event there are repeated calls for police services relating to the premises including, but not limited to, assaults, gang activity, weapons offenses, disturbances of the peace and juvenile crimes including truancy, the chief of police may require additional security guards during specific hours or during all business hours, if deemed necessary.

2. The security guard shall be uniformed and shall 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 the state license number and the guard registration numbers shall be provided to the police department. Any changes to the patrol operator shall be approved by the police chief at least two working days prior to the patrol operator taking over security at the business.

3. The security guard 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 fifteen computers or similar devices or continued repeated calls for service indicate that one security guard is not adequate.

J. No Adult-Oriented Business. No adult-oriented business activities, as defined in Section 17.690.020 of this code, shall be allowed on the premises of any computer gaming and Internet access establishment. Any access to websites featuring adult theater or any use constituting an adult arcade, as each is defined in Section 17.690.020, is prohibited.

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 gambling or gaming. 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 servicing the establishment, free of litter, trash and debris.

P. No Private Booths. Any booth or individual computer use area within the business shall be visible from a continuous and accessible main aisle in a public portion of the computer gaming and Internet access establishment, 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 booth/individual viewing area from the main aisle. Further, no one shall maintain any booth/individual viewing area in any configuration unless the entire interior wherein the computer that is being used is visible from one main aisle. No doors are permitted on a booth/individual viewing area. No partially or fully enclosed booth/individual viewing areas or partially or fully concealed booth/individual viewing areas shall be maintained.

Q. Alarm System. The chief of police may require a specific computer gaming and Internet access establishment operator to install an alarm system that distinguishes between a burglary and a robbery. The system shall monitor twenty-four hours per day. All public entrance and exit doors to the business shall have electronic monitoring systems that produce a sound when a person traverses the doorway. If required by the chief of police, the system shall be electronically connected with the police department if activated.

R. Number of Computers. The number of computers or similar devices in any computer gaming and Internet access establishment shall not exceed one per thirty square feet of floor area that is dedicated to the placement of computers for rent or charge.

S. Outside Lighting. Lighting shall be provided for security outside the establishment, subject to the review and approval of the community development department.

(Ord. 907 § 2, 2012)

Any computer gaming and Internet access establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and is hereby declared to be unlawful and a public nuisance under Chapter 8.00 of this municipal code, and the city may, in addition to or in lieu of any other remedy, commence an action or proceeding for the abatement, removal or enjoyment thereof, and may take such other steps and 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 establishment contrary to the provisions of this chapter.

(Ord. 907 § 2, 2012)

It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable therefor by a fine of not mere than one thousand dollars, by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment. 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. 907 § 2, 2012)

The council shall, by resolution, set a fee for application for, and for renewal of, a computer gaming and Internet access establishment license, and for an appeal of a decision of the chief, or designee, under this chapter as described in Section 5.72.070.

(Ord. 907 § 2, 2012)

If any section, subsection, clause, phrase or portion of this chapter is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

(Ord. 907 § 2, 2012)