75B - PH - CYBER CAFES - Laserfiche WebLink

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(4) SAPID has spent a significant amount of resources and time conducting surveillance operations around cyber cafes. It was also found that this type of business primarily attracts clientele involved in criminal activity. Enforcement checks on cyber cafes and of customers entering or leaving such locations often result in drug related arrests, evidence of drug trafficking, illegal gambling and gaming and an influx of individuals on probation, parole, or wanted subjects. There has also been prostitution related activity occurring in nearby parking lots and surrounding areas. (5) Prior to enacting the moratorium, the City had approved eleven (11) Cyber Cafe businesses. A review of city enforcement efforts revealed violations of State and City laws at such businesses. These violations included but were not limited to: illegal gaming machines, illegal cannabis storefronts, and other criminal activities such as prostitution and gun violations. B. On October 16, 2018, the City Council adopted Urgency Ordinance No. NS-2956 establishing a forty-five (45) day moratorium on the approval, commencement, establishment, operation, relocation or expansion of cyber cafes. On November 20, 2018, the City Council extended said moratorium (Ordinance No. NS-2961) for an additional ten (10) month and fifteen (15) day period. C. The Planning Division, Code Enforcement Division and Police Department staff have analyzed the City's current regulations and other cities' regulations pertaining to cyber cafes and have determined that in order to protect and preserve the public health, safety and welfare of the City and its residents, prohibiting cyber cafes city-wide will mitigate one potential path for engaging in these illegal activities. The proposed ordinance amendment will prohibit the establishment of new cyber cafes in the City. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2019-04 prohibiting cyber cafes city-wide. E. The City Council, on October 1, 2019, held a duly noticed public hearing on this ordinance and has considered all testimony presented thereto. F. All provisions of the Santa Ana Municipal Code (SAMC) which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action of decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. 75B_5 Ordinance NPage 2 of 7