2011 - 2020 (NS-2813 - NS-3000)
2018 (NS-2935 - NS-2962)
10/18/2018 9:59:33 AM
10/18/2018 9:59:25 AM
\Ordinances\2011 - 2020 (NS-2813 - NS-3000)\2018 (NS-2935 - NS-2962)
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individuals on probation, parole, or wanted subjects. There is also the <br />possibility of prostitution related activity gravitating to the parking lots and <br />surrounding areas based on known subjects being contacted at such <br />locations who either have prior arrests or contacts involving prostitution. <br />J. The City Council of the City of Santa Ana is also concerned with increased <br />calls for service, increasing reports of violent criminal behavior and related <br />detrimental neighborhood effects associated with cyber cafes and internet <br />access businesses. The City of Santa Ana and neighboring cities have <br />experienced criminal activity associated with cyber cafes and internet access <br />businesses, such as loitering, illegal drug activity, assaults, fights, theft, <br />robbery, public intoxication, vandalism, property damage, and other criminal <br />activity such as gang and prostitution related activity. <br />K. The current provisions of the Santa Ana Municipal Code allow cyber cafes in <br />specific zones, and sets forth the operational standards for such businesses. <br />The provisions of the Santa Ana Municipal Code require review, study, and <br />possible revision in order to respond to recent concerns relating to the <br />impacts of these internet access businesses and cyber cafe uses in the City. <br />L. Given these concerns, the City Council hereby requests that a study be <br />undertaken of the current provisions of Chapter 41 of the Municipal Code to <br />address cyber cafes and determine whether such uses should be permitted in <br />the City, and if so, where such uses should be permitted and under what <br />conditions. <br />M. The proposed ordinance would put in place a 45 -day moratorium on the <br />approval, commencement, establishment, operation, relocation or expansion <br />of cyber cafes and internet access businesses while City staff researches <br />appropriate regulations. This ordinance will not affect the existing cyber cafes <br />and internet access business located within the City, unless the business <br />seeks further approvals from the City, or relocates or expands the business. <br />The moratorium will not affect any existing internet cafes, internet access <br />businesses, or copy shops that do not offer 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 <br />property for the purposes of cyber cafes, prior to the City's completion of its <br />study of the potential impact of such cyber cafes, would pose a current and <br />immediate threat to the public health, safety, and welfare, and that a <br />temporary moratorium on the issuance of such permits, licenses, and <br />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 />Ordinance No. NS -2956 <br />Page 3 of 6 <br />
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