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11B - ORD CYBER CAFE
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11B - ORD CYBER CAFE
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Last modified
10/10/2019 5:10:25 PM
Creation date
10/10/2019 4:54:35 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
11B
Date
10/15/2019
Destruction Year
2024
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(4) SAPID has spent a significant amount of resources and time <br />conducting surveillance operations around cyber cafes. It was also <br />found that this type of business primarily attracts clientele involved <br />in criminal activity. Enforcement checks on cyber cafes and of <br />customers entering or leaving such locations often result in drug <br />related arrests, evidence of drug trafficking, illegal gambling and <br />gaming and an influx of individuals on probation, parole, or wanted <br />subjects. There has also been prostitution related activity occurring <br />in nearby parking lots and surrounding areas. <br />B. On October 16, 2018, the City Council adopted Urgency Ordinance No. <br />NS-2956 establishing a forty-five (45) day moratorium on the approval, <br />commencement, establishment, operation, relocation or expansion of <br />cyber cafes. On November 20, 2018, the City Council extended said <br />moratorium (Ordinance No. NS-2961) for an additional ten (10) month and <br />fifteen (15) day period. <br />C. The Planning Division, Code Enforcement Division and Police Department <br />staff have analyzed the City's current regulations and other cities' <br />regulations pertaining to cyber cafes and have determined that in order to <br />protect and preserve the public health, safety and welfare of the City and <br />its residents, prohibiting cyber cafes citywide will mitigate one potential <br />path for engaging in these illegal activities. The proposed ordinance <br />amendment will prohibit the establishment of new cyber cafes in the City. <br />D. On September 9, 2019, the Planning Commission held a duly noticed <br />public hearing and voted to recommend that the City Council adopt Zoning <br />Ordinance Amendment No. 2019-04 prohibiting cyber cafes. <br />E. The City Council, on October 1, 2019, held a duly noticed public hearing <br />on this ordinance and has considered all testimony presented thereto. <br />F. All provisions of the Santa Ana Municipal Code (SAMC) which are <br />repeated herein are repeated solely in order to comply with the provisions <br />of Section 418 of the Charter of the City of Santa Ana. Any such <br />restatement of existing provisions of the Code is not intended, nor shall it <br />be interpreted, as constituting a new action of decision of the City Council, <br />but rather such provisions are repeated for tracking purposes only in <br />conformance with the Charter. <br />Section 2. Section 41-45 (Cyber Cafe) of Chapter 41 of the SAMC is hereby <br />amended to read as follows: <br />Sec. 41-45. — Cyber Cafe. <br />Cyber cafe shall mean an establishment whose primary purpose is to provide <br />computers and/or other electronic devices for access to the Internet, e-mail or <br />computer software programs which are networked (via LAN or WAN) or which <br />11 B-2 Ordinance No. ge 2 of 7 <br />
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