NS-2961 - Emergency Ordinance of City Making Findings and Exending Moratorium on Approval, Commencement, Establishment, Operation, Relocation, or Expansion of Cyber Cafes and Internet Access Businesses Within City...

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Section 2.Extension of Moratorium and Findings. A. In accordance with the authority granted to the City of Santa Ana under Government Code Section 65858, from and after the date of this Ordinance, no use permit, variance, building permit, business license or other applicable entitlement for use shall be approved or issued for a cyber cafe or internet access business for a period extending through and including October 15, 2019, pending the completion of zoning or other regulations that are needed to alleviate a current and actual threat to the public health, safety and welfare. B. In addition, no property in any zone of the City is to be used for purposes of a cyber cafe or internet access business for a period extending through and including October 15, 2019. The use of any property for such purpose shall be deemed a public nuisance. Any violation of this provision shall be treated as a violation of Section 1-8 of the Santa Ana Municipal Code. C. This Ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City of Santa Ana by Government Code Section 65858, and is for the immediate preservation of the public health, safety, and welfare. The City Council hereby FINDS and DETERMINES as follows: (1) The City has received an increased number of public nuisance complaints emanating from cyber cafes and internet access businesses in recent weeks, involving the following: (a) Even where cyber cafes and internet access businesses utilize lawful sweepstakes features, these businesses have created adverse impacts on public health, safety and welfare, including a dramatic increase in crime including serious and violent crimes such as loitering, illegal drug use and sales, burglaries, assaults, fights, theft, robbery, public intoxication, vandalism, property damage, weapons offenses, and other criminal activity in and around cyber cafes and internet access business, as well as increased pedestrian traffic, noise, parking violations, and other nuisance activities. These businesses have also resulted in a tremendous increase and demand for police response. (b) The City of Santa Ana and neighboring cities have experienced serious adverse impacts due to the unique manner in which cyber cafes and internet access businesses operate the "sweepstakes" games. Customers may occupy a particular computer system for multiple hours, creating lines and people congregating or loitering while waiting for a computer. Parking availability may also be impacted due to extended periods of game playing, and such businesses have also resulted in increased demand for police response, as well as increased demand for maintenance of public streets and sidewalks. These late night gaming sessions which extend play beyond typical commercial Ordinance No. NS - 2961 Page 3 of 7