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50A - ORD - MORATORIUM CYBER CAFE
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50A - ORD - MORATORIUM CYBER CAFE
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Last modified
10/12/2018 4:39:25 PM
Creation date
10/12/2018 4:38:47 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
50A
Date
10/16/2018
Destruction Year
2023
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J. The City Council of the City of Santa Ana is also concerned with increased calls for <br />service, increasing reports of violent criminal behavior and related detrimental <br />neighborhood effects associated with cyber cafes and internet access businesses. <br />The City of Santa Ana and neighboring cities have experienced criminal activity <br />associated with cyber cafes and internet access businesses, such as loitering, illegal <br />drug activity, assaults, fights, theft, robbery, public intoxication, vandalism, property <br />damage, and other criminal activity such as gang and prostitution related activity. <br />K. The current provisions of the Santa Ana Municipal Code allow cyber cafes in specific <br />zones, and sets forth the operational standards for such businesses. The provisions <br />of the Santa Ana Municipal Code require review, study, and possible revision in <br />order to respond to recent concems relating to the impacts of these internet access <br />businesses and cyber cafe uses in the City. <br />L. Given these concerns, the City Council hereby requests that a study be undertaken <br />of the current provisions of Chapter 41 of the Municipal Code to address cyber cafes <br />and determine whether such uses should be permitted in the City, and if so, where <br />such uses should be permitted and under what conditions. <br />M. The proposed ordinance would put in place a 45 day moratorium on the approval, <br />commencement, establishment, operation, relocation or expansion of cyber cafes <br />and internet access businesses while City staff researches appropriate regulations. <br />This ordinance will not affect the existing cyber cafes and internet access business <br />located within the City, unless the business seeks further approvals from the City, or <br />relocates or expands the business. The moratorium will not affect any existing <br />internet cafes, intemet access businesses, or copy shops that do not offer <br />customers sweepstakes gaming. <br />N. Based on the foregoing, the City Council finds that issuing permits, business <br />licenses, or other applicable entitlements to individuals wishing to use their property <br />for the purposes of cyber cafes, prior to the City's completion of its study of the <br />potential impact of such cyber cafes, would pose a current and immediate threat to <br />the public health, safety, and welfare, and that a temporary moratorium on the <br />issuance of such permits, licenses, and entitlements is thus necessary. <br />O. If a cyber cafe use is permitted in the City without further review and potential <br />regulation, it will pose a serious threat to the public interest, health, safety and <br />welfare for the following reasons: <br />(1) Adversely impact surrounding businesses and neighborhoods; <br />(2) Adversely impact sensitive uses such as schools, parks, child care <br />centers, churches, and places where children congregate; <br />(3) Conflict with the requirements of the City's General Plan and zoning <br />ordinance; <br />(4) Be inconsistent with surrounding uses; and <br />(5) Risk the public health, safety and welfare of the City <br />Ordinance No. NS - <br />Page : _ of 6 <br />y ll <br />
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