San Francisco County Municipal Code Art. 10.2 Regulation of Computer Rental Businesses

Sec. 750. Operating Conditions for Computer Rental Businesses. Sec. 751. Signage. Sec. 752. Penalty. Sec. 753. Severability; Savings Clause.

SEC. 750. OPERATING CONDITIONS FOR COMPUTER RENTAL BUSINESSES. Any person who owns or operates ("Operator") a business the primary operations of which are for the on-premises rental of computer time ("Computer Rental Business") shall comply with the mandatory conditions and standards set forth in this Section. For purposes of this section, the on-premises rental of computer time shall be deemed to be the primary operations of the business if 90% or more of its annual gross revenue is derived from the on-premises rental of computers. (a) An operator of a Computer Rental Business may not knowingly rent or allow the operator's employees to knowingly rent joysticks, game pads, or other game controllers, or rent time on a computer for purposes of playing computer games, to any person under the age of 17 ("minor") during the school year from the day after Labor Day to Memorial Day, Monday through Friday, except legal holidays, between the hours of 8:00 a.m. and 3:00 p.m., and between the hours of 11:00 p.m. and 8:00 a.m. on all days preceding school days. For purposes of this section, "computer games" shall mean hardware and computer programs and associated data capable of generating a display on a computer monitor, television screen, liquid crystal display or similar medium for playing an interactive game designed for recreational or entertainment purposes. This section shall not apply if the minor is accompanied by a parent, legal guardian or authorized agent of the School District or school in which the minor is enrolled, or the minor provides verifiable documentation from the School District or school that he or she is not scheduled to be attending classes at that time. (b) All Computer Rental Businesses shall employ or provide adult attendants or supervisors, age 18 or over, at a ratio of not less than one attendant/supervisor for each 25 computers. The attendants/supervisors shall supervise the patrons on and about the premises to prevent conduct by patrons that is injurious to the health, safety and general welfare of other patrons and the public. (c) An operator of a Computer Rental Business may not maintain a waiting list in excess of the seating capacity of its waiting area. (d) An operator of a Computer Rental Business shall post the hours of operation and computer rental rates in a conspicuous place. (e) Members of the Police Department shall have access to any Computer Rental Business regulated by this Section at any and all times the business is in operation, and may inspect the premises to ensure compliance with this Section. (f) Nothing in this Article may be construed to prohibit any person operating a Computer Rental Business from obtaining an extended hours premises permit pursuant to Article 15.2 of the Police Code. (Added by Ord. 40-05, File No. 041488, App. 2/26/2005) SEC. 751. SIGNAGE. An operator of a Computer Rental Business may post a sign or signs on or in the immediate vicinity of the cash register stating "MINORS NOT ALLOWED DURING SCHOOL HOURS FOR PURPOSES OF PLAYING COMPUTER GAMES" or words of similar meaning, which sign may refer to this ordinance. (Added by Ord. 40-05, File No. 041488, App. 2/26/2005) SEC. 752. PENALTY. Any person who violates any provision of Section 750 shall be guilty of an infraction, the penalty for which shall be as follows: (a) A fine of $100 for the first violation; (b) A fine of $250 for a second violation occurring within six months of a prior violation; and (c) A fine of $750 for a third and each subsequent violation occurring within six months of a prior violation. (Added by Ord. 40-05, File No. 041488, App. 2/26/2005) SEC. 753. SEVERABILITY; SAVINGS CLAUSE.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, clause and phrase thereof irrespective of whether any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be held unconstitutional or invalid or ineffective. (Added by Ord. 40-05, File No. 041488, App. 2/26/2005)