Stanton Municipal Code Ch. 5.68 Internet Cafés

It is the purpose and intent of this chapter to regulate Internet cafés to promote the protection of the public from the dangers of fire and hazards to health, to insure 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 Internet access and use at Internet cafés. The city finds such accountability to be reasonably necessary to minimize the risk of use of the Internet by persons at Internet cafés for criminal purposes and to increase the opportunities for the safe apprehension of such persons patronizing Internet cafés for criminal purposes, while recognizing rights of individuals to use the Internet and Internet cafés for legitimate purposes.

(Ord. 872 § 2, 2003; Ord. 1069 § 3, 2017)

"Internet café"

shall mean an establishment that provides more than two computers and/or other electronic devices for access to the world wide web, Internet, e-mail, video games or computer software programs which are networked (via LAN, WAN or otherwise) or which function as a client/server program, and which seeks compensation, in any form, from users or otherwise provides public access to the Internet. Internet café is synonymous with a personal computer ("PC") café, cyber café and Internet center, but does not include an Internet learning center as defined herein.

"Internet learning center"

shall mean an establishment that provides computer access which is operated by the city of Stanton, a school district, a college district, or a private institution of learning which provides classes in computer instruction or a non-profit organization which does not receive compensation in any form other than school tuition.

(Ord. 872 § 2, 2003; Ord. 1069 § 3, 2017)

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 Internet café, 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 an Internet café is to be established. Internet learning centers shall be exempt from the license requirements herein. An Internet café use shall not require any discretionary permit to operate, including, without limitation, a use permit.

(Ord. 872 § 2, 2003; Ord. 1069 § 3, 2017)

The term of an Internet café license, unless sooner suspended or revoked, shall be one year.

(Ord. 872 § 2, 2003; Ord. 1069 § 3, 2017)

An Internet café 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 sixty 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 5.68.060 of this chapter and shall be processed in accordance with the provisions of this chapter.

(Ord. 872 § 2, 2003; Ord. 1069 § 3, 2017)

A. Any person desiring to obtain a license or to renew an existing license to operate an Internet café 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 an Internet café until such license has been granted or renewed.

C. Each applicant for an Internet café 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, 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. Acceptable written proof that the applicant is at least eighteen years of age;

8. A precise description of the activities and/or services to be provided;

9. 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;

10. A detailed description of the food and beverage service, if any, that will be offered to patrons;

11. The dates and hours during which the Internet café is desired to be conducted and a list of the fees to be charged patrons;

12. The name(s) of the person(s) responsible for the operation, management, and supervision of the Internet café;

13. A statement as to whether the applicant, owner, or any person to be responsible for the operation, management, and supervision of the Internet café has, within the past five years, had any permit or license issued in conjunction with an Internet café, 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; 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 subsection C of this section. A copy of the application shall be distributed to the city's planning and building departments, the Orange County sheriff's department and the Orange County fire authority for review.

E. 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 community development director within five business days of such change.

F. The community development director shall have a reasonable time, not to exceed thirty days to investigate the facts set forth in the application and to receive comments from the city's planning and building departments, the Orange County sheriff's department and the Orange County fire authority. The community development director shall, within forty-five 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 Internet café 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;

5. The applicant is at least eighteen years of age;

6. The Internet café site and floor plan have been reviewed by the city's planning and building departments and the Orange County fire authority, 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 Internet café revoked due to the applicant's commission of a crime or violation of conditions of approval applicable to an Internet café; provided, however, an Internet café 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 subsection 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 ten business days, specifying the ground(s) of the denial and a description of the hearing rights provided by subsection (G)(2). 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 to the city manager by filing a written notice requesting a hearing within ten days of the decision of the community development director. The city manager may hear the appeal or assign it to 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).

a. The hearing shall be conducted within forty-five days of the request.

b. The hearing officer shall conduct the hearing 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 shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the hearing officer. The city shall have the initial burden of proof. The hearing officer shall cause a transcript of the hearing to be prepared.

c. At the conclusion of the hearing, the hearing officer shall decide whether the grounds for denial, revocation or non-renewal exist. Within ten days after the conclusion of the hearing, the hearing officer shall file with the city clerk, together with the transcript of the hearing, a written decision supported by written findings based on the evidence submitted and a statement of his or her order. A copy of the decision shall be forwarded by certified mail, postage prepaid, to the applicant on the day it is filed with the city clerk. The decision of the hearing officer shall become effective three days after its mailing to the applicant unless timely appealed as provided in Section 5.68.070.

H. The decision of the hearing officer may be appealed to the city council by the filing of a written appeal with the city clerk within fifteen days following the day of mailing of the hearing officer's decision and paying the fee for appeal as set by resolution of the city council. 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 thirty days from the date the written appeal was filed, independently review the entire record, including the 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 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 appellant(s).

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 of the city council is governed by California Code of Civil Procedure Section 1094.8 and notice of the city council's decision and its findings shall include citation to California Code of Civil Procedure Section 1094.8.

(Ord. 872 § 2, 2003; Ord. 1069 § 3, 2017)

Unless prior application is made, thereafter approved, and a license issued thereon, upon the sale or transfer of any interest in an Internet café, 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 Internet café. Any application involving the sale or transfer of any interest in an existing Internet café, as well as any license which may thereafter be granted, shall be subject to the provisions of this chapter.

(Ord. 872 § 2, 2003; Ord. 1069 § 3, 2017)

A. A holder of a valid Internet café license shall notify the community development director, 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 Internet café from obtaining all other approvals necessary to change a location, floor plan or business name.

(Ord. 872 § 2, 2003; Ord. 1069 § 3, 2017)

A. If the city manager finds that any person holding an Internet café 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 Section 5.68.060(H) 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 fifteen days from the notice provided in subsection B above, the city council shall conduct an appeal hearing as provided in Section 5.68.060(H), (I) and (J). The revocation shall be stayed pending the decision of the city council, unless, in the determination of the city manager, immediate revocation 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. The decision of the city council shall be the final.

(Ord. 872 § 2, 2003; Ord. 1069 § 3, 2017)

A. Minors (under eighteen years of age) shall not be permitted to enter or remain in an Internet café during the following stated hours unless accompanied by a parent or legal guardian:

1. Between eight a.m. and three p.m., or after ten p.m. on Monday through Thursday of each week;

2. Friday between eight a.m. and two p.m., or after ten p.m.

3. Saturday after ten p.m.

4. Sunday after ten p.m.

5. The above weekday hours of restriction shall not apply to vacation days or school holidays as established by any public school district or private school, kindergarten through twelfth grade, operating within the city.

6. Notice of these hours of restriction for minors shall be posted at the entrance in lettering of at least two inches in size.

B. The Internet café 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 Saturday and Sunday or between the hours of ten p.m. and eight a.m. Monday through Friday.

C. A waiting area with not less than eight seats shall be provided for customers waiting to use a computer. No outside waiting or seating area is permitted.

D. 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. Employees shall be at least eighteen years of age. There shall be a minimum of one employee managing the Internet café during all working hours. The ratio of employees to computers and/or other electronic devices that access the Internet shall be one to thirty. During each employee's working hours, the employee shall wear a badge identifying the business and the employee's full name.

F. 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. 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 seventy-two hours. The owner shall permit the city to inspect the tapes/disks during business hours. A sign shall be posted inside and at the entrances to the establishment indicating that the premises are under camera/video surveillance.

H. The owner shall submit and receive approval of a fire exit plan from the Orange County fire authority. The plan shall address all existing requirements of the Uniform Building Code and Uniform Fire Code. This includes, but is not limited to, providing an exit plan showing equipment location, aisle locations and dimensioned widths, and having approved exit doors and panic hardware.

I. 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.

J. The chief of police may require a specific Internet café operator to provide a security guard(s) on the premises 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.

K. Lighting levels within sixty feet of the business and in all required parking areas shall be maintained at a minimum of one foot-candle of light. Interior lighting shall be maintained at a minimum of thirty foot-candles of light.

L. Any access to adult-oriented web sites, as adult-oriented is defined in Section 20.460.040 of this code, is prohibited unless specifically licensed under Chapter 5.54 and Section 20.460.040 of this code.

M. No pool tables or other amusement devices not directly related to the Internet and similar computer devices shall be permitted in the business.

N. No gaming tournaments for cash prizes shall be permitted.

O. No electronic game machine, computer or other type of station shall be located in any private area, room or booth.

P. User rates and other fees must be conspicuously posted on the premises.

Q. Under no circumstances shall electronic game machines, which includes computers and other amusement devices, be used for illegal gaming or gambling. Illegal gaming or gambling includes, without limitation, computer contests or sweepstakes games deemed to be gambling under statute or case law. The applicant shall be responsible for ensuring customers do not use any electronic game machine for illegal gaming or gambling.

R. 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.

S. A minimum of one bicycle rack space shall be provided for every three electronic game machines. The racks shall be located in an area approved by the city's planning department.

T. The applicant shall require all customers to wear head phones and shall ensure that soundproofing is installed to prevent sound from being audible outside of the business in excess of that authorized pursuant to the city's noise ordinance.

U. There shall be a minimum of one lavatory facility accessible to customers and employees.

V. 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 Internet café, 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.

W. An Internet café shall be arranged so that amusement devices, computers, or other electronic devices and public spaces can be viewed from a single supervisory or cashier station.

(Ord. 872 § 2, 2003; Ord. 1069 § 3, 2017)

Any Internet café 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 enjoyment 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 an Internet café contrary to the provisions of this chapter.

(Ord. 872 § 2, 2003; Ord. 1069 § 3, 2017)

It is 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 Chapter 1.10 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. 872 § 2, 2003; Ord. 1069 § 3, 2017)

The city council shall, by resolution, set a fee for application for an Internet café license. Until such fee is set, the application fee shall be the minimum fee currently established for any land use certificate application.

(Ord. 872 § 2, 2003; Ord. 1069 § 3, 2017)