Chapter 5.13

COMPUTER GAMING AND INTERNET ACCESS BUSINESSES

The Oakley City Council hereby finds, determines and declares as follows:

• a. The eastern Contra Costa County cities of Antioch and Pittsburg have adopted ordinances prohibiting the construction, establishment and operation of computer gaming and Internet access businesses (as defined herein), and the City of Brentwood is currently considering a similar prohibition. The Oakley Municipal Code currently has no specific regulations dealing with such businesses, which may be attracted to Oakley if it is the only eastern Contra Costa County city without specific regulations.

• b. Computer access and Internet access businesses often target local school students and minors as their market, and thereby may encourage the assembly of significant numbers of minors without supervision by parents or guardians.

• c. The computer stations at computer gaming and Internet access businesses are used in a manner that are likely to create adverse impacts in the neighborhood where the business is located, such as observed lines of individuals waiting to access such businesses. Some computer gaming and Internet access businesses may stage late-night gaming sessions, which may encourage violation of curfew laws or create or encourage other late-night noise and related impacts on the surrounding community. There have been computer gaming and Internet access businesses that promote "sweepstakes gaming" which encourages gameplaying that may provide chances to be awarded prizes. The extended use of such facilities by multiple persons waiting for a limited number of computer stations could contribute to increased detrimental effects on the commercial area where located and the surrounding residential area.

• d. The City Council is concerned with the increased calls for service experienced by neighboring cities prior to the adoption of their regulatory ordinances, increasing reports of violent criminal behavior and related detrimental neighborhood effects associated with computer gaming and Internet access businesses in those communities.

• e. Neighboring cities have experienced criminal activity associated with computer gaming and Internet access businesses, including incidents involving robbery, illegal drug use and sales, burglary, assaults, public intoxication, vandalism and property damage and loitering. Some cities have experienced gang-related activities and prostitution occurring at such businesses. As an example, the neighboring City of Antioch Police Department has documented a significant increase in service-related calls involving a variety of crimes in these businesses and within neighborhoods adjacent to such businesses, and include the following incidents which are representative of such problems:

  • 1. On April 13, 2010, there was a call for service from T’s Internet Cafe at 1836 A Street, Antioch, because of a fight over someone owing someone money, and on July 23, 2010, a call for service regarding another fight.
• 2. At T’s Internet Cafe at 1653 A Street on September 11, 2010, there was a call for service regarding possible assault, drug violations and carjacking. On November 18, 2010, a male robbed money from the business with a sawed-off shotgun and fired at one of the employees. On February 2, 2011, there was a call for service regarding sale

Downloaded from https://ecode360.com/OA4568 on 2026-07-07

City of Oakley, CA

BUSINESS REGULATIONS

§ 5.13.102

§ 5.13.106

of illegal drugs. On July 21, 2011, there was a report of a car theft and then a fight broke out.

• 3. At the Internet Room at 2962 Delta Fair Boulevard in Antioch on January 8, 2012, there was a report of a stolen vehicle.
• 4. At T’s Internet Cafe at 1908 A Street in Antioch on August 20, 2011, someone was throwing things at the business and threatening to harm its employees.
• 5. While at computer gaming and Internet access businesses in Antioch, individuals have been arrested for robbery, narcotics violations, carjacking, and other crimes, as well as for outstanding warrants. These statistics show that there is a propensity for individuals who engage in criminal activity to patronize such businesses.
• 6. At 2962 A Street in Antioch, calls for service at that location and at neighboring businesses have increased from one hundred nine (109) to two hundred fifty-nine (259) over a twelve (12) month period since the Internet Room started operating.
• 7. At 1836 A Street in Antioch, before T’s Internet Cafe opened there were one hundred fifty-seven (157) calls for service from that location and neighboring businesses over a seven-month period from February 1, 2009, through August 30, 2009. While T’s Internet Cafe was operating at 1836 A Street, calls for service increased from one hundred fifty-seven (157) calls to two hundred forty (240) calls over the subject period. When T’s Internet Cafe closed at that location, calls for service from that area went back down to one hundred fifty-eight (158) calls for service over the sevenmonth period from February 1, 2011, through August 30, 2011, almost identical to the rates prior to T’s Internet Cafe going into business.

• (Ord. 06-13, 4/23/2013)

The following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended:

• a. "Computer gaming and Internet access business" shall mean an establishment that provides more than four computers or other electronic devices for access to the worldwide web, Internet, email, 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") cafe, Internet cafe, Internet sales business and Internet center, but does not include a public use or Internet learning center as defined herein.

• b. "Public use or Internet learning center" shall mean an establishment that provides computer access which is operated by the City of Oakley, a school district, a college district, or a private institution of learning which provides classes in computer instruction which does not engage in gaming, lottery or gambling activity, or a nonprofit organization which does not receive any compensation in any form for the use of the computer and which has a federal tax exempt status.

• (Ord. 06-13, 4/23/2013)

Downloaded from https://ecode360.com/OA4568 on 2026-07-07

City of Oakley, CA § 5.13.106

OAKLEY CODE

§ 5.13.106

No person shall be issued a permit, license, or land use entitlement for, nor shall any person construct, place or operate, a computer gaming and Internet access business in any part of the City of Oakley.

(Ord. 06-13, 4/23/2013)

Downloaded from https://ecode360.com/OA4568 on 2026-07-07

City of Oakley, CA

BUSINESS REGULATIONS

§ 5.14.102

§ 5.14.104