Rancho Santa Margarita Municipal Code Ch. 6.11 Cybercafes

Footnotes:

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Editor's note— Ord. No. 06-10, § 2, adopted September 27, 2006, enacted provisions intended for use as Chapter 6.09. At the direction of the City, said provisions have been redesignated as Chapter 6.11.

The purpose of this Chapter is to establish a means of regulating the operation of cybercafes to ensure the safety and welfare of the public.

(Ord. No. 06-10, § 2, 9-27-2006)

For the purpose of carrying out the intent of this Chapter, words, phrases and terms used herein shall have their ordinary meaning, unless otherwise indicated as follows:

Cybercafe shall be defined as an establishment whose primary business is entertainment, that provides to the public for compensation four or more computers and/or other electronic devices, for any or all of the following activities:

(1) Access to that system commonly referred to as the "internet";

(2) Access to e-mail;

(3) Playing video games over the internet;

(4) Access to other computer software programs. Cybercafe is also synonymous with PC cafe, internet cafe, and cyber center. Cybercafe shall not include any of the following establishments: schools and other educational institutions, or public agency facilities.

(Ord. No. 06-10, § 2, 9-27-2006)

(a) Curfew for minors. Minors may not enter or remain in a cybercafe 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 any public school system within the City is open and classes are being conducted. Cybercafe operators 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. 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. on Sunday through Thursday, and 7:00 a.m. to 2:00 a.m. on Friday and Saturday.

(c) Employees. There shall be a minimum of one employee over the age of 18 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 20 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).

(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 businesses. Adult business uses as defined in this Chapter are prohibited in conjunction with cybercafes unless specifically authorized under the zoning requirements for such uses.

(f) Fire exit plan. The owner or operator shall submit and receive approval of an exit plan from the Orange County Fire Authority. The plan shall address all exiting requirements of the Uniform Building Code and Uniform Fire Code. This includes, but is not limited to, providing a plan showing equipment locations, 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 and/or 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 not open to the public. The system shall be subject to inspection by the City during regular business hours of the premises. The system and recording medium shall be maintained in good working order at all times. The recording medium shall be maintained for a minimum period of ten days.

(i) Pool tables/amusement devices. Pool tables or other amusement devices not directly related to internet computer devices are prohibited.

(Ord. No. 06-10, § 2, 9-27-2006)

Any use permit issued to a cybercafe business shall contain specific conditions tailored to the operation of the business. In the event that a use permit is issued containing conditions different from the regulations established under this Chapter, or are in addition thereto, the more stringent conditions shall apply.

(Ord. No. 06-10, § 2, 9-27-2006)