HomeMy WebLinkAboutORD-04-03 Amend 17.04, 17.10, 17.18- Regulate Amusement ArcadesORDINANCE NO. 4-
03 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING SECTIONS 17.
04,17.10, AND17.18, OF THE ORANGE
MUNICIPAL CODE REGULATING AMUSEMENT
ARCADES WHEREAS, on December 30, 2001, a group of gang members from an Internet Cafe
in the City of Orange were involved in a cyber war with another gang in the City of
Garden Grove. During the cyber war, chat room insults were traded between the groups. The
gang members from Orange drove to the Internet cafe in Garden Grove and one ofthe gang
members from Orange fatally stabbed a 20-year-old man in the head with
a screwdriver; and WHEREAS, on February 26,2002, the City Council directed the
Police Department to prepare a report, including crime statistics and trends, on Internet cafes due
to their emergence as a new type of land use in the City of Orange and the criminal activity reported
in the press related to Internet cafes throughout
Orange County; and WHEREAS, on March 12, 2002 Police Chief Romero reported to the
City Council that municipalities across the country are experiencing public safety
problems associated with Int'~rnet cafes, and that the Police Department of a neighboring city
has identified gang members and made arrests for drug possession at
these facilities; and WHEREAS, the Orange Police Department submitted a report to
the City Council documenting the following five Internet cafes have opened in the City since
June 2001 with Business
Tax License Certificates:Cyber Gate - 1900
North Tustin Cyber Lab - 819 South
Tustin Cyber Detention - 632 East Katella
E-Zone - 1120 North Tustin, Suite No, 102 (business is closed)
Net World -- 3533 East Chapman Po]
ice calls for service at the above businesses indicated that a significant portion of the business
activity involves the playing of violent video games by teens and young adults. The Police
documented the presence of gang members along with incidents of loitering, gambling,and
drug sales; and WHEREAS,
after receiving written documentation about security concerns associated with
Internet Cafes, on March 12, 2002, the City Council adopted Urgency Interim Ordinance No.
4-02 for a period of 45 days, which prohibited the establishment of new Internet cafes, until
the Community Development Department could recommend new zoning regulations and
development standards that will address the concerns; and
WHEREAS, on April 23, 2002 the City Council adopted Ordinance No. 5-
02 extending Ordinance No. 4-02, the prohibition of new Internet cafes, until April 22,
2003. The City Council instructed Planning staff to conduct a study of the operation and impacts
of the existing Internet cafes in the City, review proposed and existing regulations in
other cities,coordinate with the Police Department regarding their concerns with visibility,
access, and safety, and prepare an ordinance amendment to the Orange Municipal Code
to establish regulations for operating Internet
cafes; and WHEREAS, the Orange Police Department has conducted a detailed
review of criminal activity at Internet Cafes in Orange over a one year period and determined
that many of the crimes and calls for service could have been deterred or prevented with the
presence of video cameras and security guards based on their law enforcement experience related
to curfew violations, panhandling, disturbing the peace, petty theft, shoplifting, illegal vending
drunk and disorderly, motor vehicle theft, commercial burglary, assault and battery, and
armed
robbery;and WHEREAS, video surveillance equipment has been beneficial at locations
in Orange similar to Internet Cafes, in terms of both reducing criminal activity and
identifying the
perpetrators; and WHEREAS, the operational requirements included in Ordinance 4-03
are intended to minimize the potential for criminal activity and maximize the safety of
employees and patrons of Internet Cafes and the businesses and neighborhood
that surround them.NOW THEREFORE, the City Council of the City of Orange
hereby
ordains as
follows:SECTION I:Section 17.04.020 (Definitions) is hereby amended to add and
strike the following definitions to the list
of alphabetical subsections:AMUSEMENT DEVICE - any device, including, but not limited to,
pinball machines,video games, computers or other electronic apparatus used to play games,
shuffleboards, pool tables, and similar devices which are coin or slug operated or for which charge or
payment is received for the privilege of playing, using, or operating
the same.AMUSEMENT ARCADE - a commercial establishment whose primary purpose
is providing access to four (4) or more amusement devices. Amusement arcades include, but
are not limited to, video arcades, Personal Computer (PC) rooms, Internet cafes, cyber cafes,
cyber arcades, or similar cornmercial gathering places where electronic games are
played.COPY CENTER - a commercial establishment that provides services such as
document copying, word processing, scanning, binding, sorting, laminating, mounting and
other similar services; computer terminal rentals are permitted as an incidental use, provided
that less th,m 50% of the business is devoted to computer tenninal rentals.
The definition for Video Arcade is struck in its entirety.
2
SECTION II:
Section l7.1O.030.E (Conditional Use Permits) of the Orange Municipal Code is hereby
amended to read as follows:
E.Conditional Use Permits Reviewed by Zoning Administrator.
1. The Zoning Administrator shall have the authority to revIew the
following conditional use permits:
a. Permits to allow amusement arcades m appropriate zones as
prescribed.
SECTION III:
Section 17.18.030 (Land Use Table) of the Orange Municipal Code is hereby amended
to read as follows:
US.I!: OP CP/Cl CTR C2 C3 CR
Entertainment/Commercial
Recreation uses
Amusement devices, including, but not -
A* A* A* A* A*limited
to, video games, pinball ma(;
hines, pool tables, computers and similar
devices (three or fewer)usement
Arcade - C+ C+ C+ c+ C+Key: P
C Permitted
Use
Conditional use
Permit required. Refer 10 provisions in Section 17.08.020.Not Permitted
Accessory Use
Permitted and
accessory use subject to special provisions contained in Section 17.18.060 Conditional use
subject to special provisions contained in section t 7 .18.070 A SECTION
IV:
Section 17.
18.060 (Special Use Regulations) of the Orange Municipal Code is hereby amended to
read as follows:Permitted or
accessory
uses marked with an asterisk (*) m Table 17.18.030 arepermitted subject to
the following use regulations:A. Amusement Devices -
As an accessory use.1. No more than
three (3) amusement devices shall be permitted at anyone business.2. No external
advertising
of the amusement devices shall be allowed.3
3. All amusement devices shall be located within a completely enclosed
building and shall not be permitted within an accessory building.
4.All amusement devices shall be visible at all times by one or more
employees of the business, including an on-duty manager at least
18 years of
age.SECTION
V:Section 17.18.070 B. (Conditional Use Regulations) of the Orange Municipal Code
is hereby ammded to add the
following:17.18.070 Conditional Use
Regulations A conditional use permit (CUP) must be obtained pursuant to the regulations outlined
in Chapter 17.10 of this title. Unless otherwise stated, the Planning Commission shall
determine such permits. In addition, the following specific conditions shall be applied to all uses
marked with a C+ symbol in Table 17.18.030, as
follows:B. Amusement
Arcades.1. The Zoning Administrator shall have the authority to grant
conditional use permits for amusement
arcades.2. Because of the potential policing problems related to certain uses,
a conditional use permit shall be issued only when a determination can
be reasonably made that the use is compatible with land uses in
the surrounding
area.3. All amusement devices shall be located as to be visible at all times
by one or more employee of the business, including an on-duty
manager at least 18 years
of age.4. Unless otherwise permitted by a conditional use permit, the
hours of operation shall be limited to 7:00 A.M. to 12:00 A.M.,
daily; excepting Friday and Saturday nights wherein hours of operation shall be
limited to 7:00 A.M. to 1:00
A.M.5. The City may require that a licensed security guard be
provided between 6:00 P.M. and closing on Friday and Saturday nights and the
City may require licensed security guard( s) be provided during
additional time periods,
if warranted.6. The City shall review interior and exterior lighting plans
to ensure adequate lighting
is provided.7. The City shall periodically review the conditional use permit
to ensure that no increase in police services
is required.8. The waiting area shall be enclosed by a solid wall taller than
4'
9.A camera/video surveillance system shall be installed at all entrances and
exits of the business to the satisfaction of the Police Department. A sign
shall be posted at the entrance of the establishment and within the
premise, visible to customers, stating that the business premise is under
camera/video surveillance. Surveillance videos shall be retained by the
business for 30 days. Videos are to be available to Law Enforcement
upon request.
10. Amplified music audible from the exterior of amusement arcades IS
prohibited.
11. Curfew and Truancy signs shall be posted inside the business. In
addition, the on-duty manager shall make an announcement prior to
and immediately after curfew announcing City of Orange curfew laws.
No Loitering signs shall be posted outside ofthe
entrance.12. Records or documentation that identify customers using the
computers shall be maintained on-site, including date, time, and
computer used.These records shall be maintained by the business owner for a
period of 90 days and be available to law enforcement
upon request.13. Six (6) months after the amusement arcade opens for business,
the Crime Prevention Bureau will prepare a report that indicates the level
of police services associated with the operation of the business. Should
the report demonstrate that the applicant has not controlled
excessIve or urmecessary activity resulting in high use of police services
and nuisance activities, or that the applicant has failed to comply with
enforcement or implementation of measures related to curfew and_truancy
which were required as part of approval of the conditional use permit,
then the conditional use permit shall be referred to the Zoning
Administrator for consideration of additional conditions or modification
to existing conditions, or possible revocation of the original approval.
Ifthe Police Department determines that public safety concerns warrants
an earlier review, it may cause the conditional use permit to be referred
to the Zoning Administrator, prior to this six month period for
consideration of additional conditions or modification to existing conditions,
or possible revocation of the
original
approval.14. The windows of the business shall not be tinted or covered in a way
that obstructs a clear view of the interior of the premises from the
exterior.15. Amusement arcades shall not be used as a sexually oriented/
adult business as defined in O.M.C. Section 5.
86.16. The back door of the establishment shall remain closed, be
equipped with a panic alarm, and used for emergency access
only.
SECTION VI:
Effective Date. This ordinance shall take effect thirty (30)-days after adoption and shall,
within fifteen (15) days of adoption, be published with the names of the Council members
voting for and against the same in a newspaper adjudicated and circulated in the City of
Orange.
SECTION VII:
Repealer. Ordinance No. 7-03, extending Ordinance No 5-02, an Urgency
Ordinance of the City Council of the City of Orange prohibiting the establishment of new cyber
cafes, is hereby repealed upon the effective date of
this Ordinance.
SECTION VIII:Should any section, subsection, clause, or provision of this Ordinance for any
reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions of this Ordinance; it
being hereby expressly declared that this Ordinance, and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective
of the fact that anyone or more sections, subsections, sentences, clauses or phrases
be declared invalid
or unconstitutional.
SECTION IX:A summary of this Ordinance shall be published and a certified copy of the full
text of this Ordinallce shall be posted in the Office of the City Clerk at least five (5) days prior
to the City Council meeting at which this Ordinance is to be adopted. A summary of
this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage
in a newspaper of general circulation, published, and circulated in the City of Orange.
The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of
such adopted Ordinance along with the names of those City Council members voting for and
against the Ordinance in accordance with Government Code Section 36933. This Ordinance
shall take effect thirty (30) days from and after the date of its
final passage.ADOPTED this 26th day of
August,
ATTEST:
STATE
OF CALIFORNIA )COUNTY
OF ORANGE )CITY
OF ORANGE )I,
CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City Council
held on the 12'h day
of August, 2003, and thereafter at the regular meeting of said City Council
duly held on the 26th day of August, 2003, was duly passed and adopted by the following
vote, to wit:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS:
None COUNCILMEMBERS:
None COUNCILMEMBERS:
None 7