Help! Cyber Cafe is considered an Arcade by the city and will be regulated as such.

[MysticWar]

I have a friend who owns a cyber cafe in N. California. It's been opened for two months and the business is doing very well. The competitors are getting angry because their customers are leaving them and coming to my friend's place due to better computers and faster internet connection. So they've convinced the city that my friend's cyber cafe is an Arcade and the city will have to regulate it as such.

Under the city, "an arcade shall not exceed 24; provided, however, that such limit may be waived by the permit approval authority for acdes located in shopping centers of 16 acres or more." He has over 40 computers so he will have to reduce that number down to 24 if he wishes to remain opened. Second, "the business shall not be open for business later than 9:00pm Sunday through Thursday, and 10:00pm Friday and Saturday." The store closes whenever the last customers leaves(usually around 4am), and most of the business comes from those latenight gamers. These are two of the many regulations we are facing if we are considered to be an arcade. These regulations do not apply to the competitors because they are located in the "industrial zone" and my friend is located in the "residential zone."

As defined by the city, "VIDEO GAME ARCADE shall mean a commerical establishment, except a bowling alley, or a Family Restaurant, Game and Entertainment Center, that offers the use of more than four on-site amusement devices that utlize electronic and computer technology to recreate on a view screen an animated sequence of events intended for recreational purposes and to test mental and manual dexterity." Now, what's the difference between Game and Entertainment Center and Arcade?

It is a shame that the competitors are relying on this dirty tactic. Should he fight this or just accept all these regulations? Lawyer fees alone will probably drive him out of business if he decides to fight this. What are some valid arguments he can use to steer the city away from labelling his business as an arcade?

 

[Mr.IncrediblyBored]

Originally posted by: MysticWar
What are some valid arguments he can use to steer the city away from labelling his business as an arcade?

Its a shame he can't just tell the city, "F*ck off. It's my company, and free enterprise allows me to do what it takes to remain profitable against competition."

Sorry I can't offer any help. :frown:

 

[The Stigenator]

do one thing.. have the owners have a food establishment along with the gaming.. there for people can order food (like boba ice tea or boba something) and snacks and they can still be a open gaming place..

 

[amdskip]

Yeah, just a pop and chips snack bar thing might help a whole heck of a lot.

 

[Balt]

I think he's definitely going to need to consult an attorney. He won't have to pay much to at least get an opinion from an attorney, which is what he really needs.

 

[MysticWar]

The food/snack thing has already been addressed to the city planner. They laughed at that argument and stated that our main revenue is from the games not the food/snack. It is considered an arcade if it "offers the use of more than four on-site amusement devices..." Now, many burger joints have 4+ game machines, but they are not considered an arcade. Is it even possible for a small business to even think about fighting the city and become the victor? *sigh*

 

[gentobu]

I guess your friend could argue that the machines are not dedicated to gaming, but they can also be used for internet access, e-mail, and chatting.

 

[rahvin]

If you are going to fight the city you are going to have to be willing to do it legally and that means in court with huge costs. You can also petition your city counsel and their next meeting. The intent of arcade laws is to move what were rather seedy establishments outside residential areas, if you can present evidence to the city council that in fact this isn't true of a computer gaming facility and the law needs to be updated to reflect that you may get an exemption.

Stop gaming on the computers and you aren't an arcade.

BTW, every EULA for every game I have ever read expressly prohibts what you are doing. The BSA could raid you and take you to the cleaners.

 

[Adul]

siolution opena chain of them to drive competitors out of business

ok so that isnt really realistic.

 

[MysticWar]

rahvin, pardon my ignorance, but which part of the EULA prohibits this? Are you referring to the fee imposed hourly for the use of the computer? Every systems has its own copy of the game. He realizes the severity of software piracy and isn't foolish enough to purchase one copy for all the computers. Let me know if you are referring to a completely different issue.

Thanks for all the ideas.

 

[dakata24]

is this in newark, ca?

 

[Imported]

Where in northern Cal? Wouldn't mind going if it's close by..

 

[MysticWar]

The "industrial zone" is only a block away from where his business is. Can the city show some leniency on this issue? We're talking about a block away from this so-called industrial/residential border line.

 

[JellyBaby]

Stop gaming on the computers and you aren't an arcade.

That's an option. Getting an excemption for cyber cafes is another. This is the trouble with many specific-use laws: they become obsolete, are never reviewed, and eventually can easily be abused.

 

[MrCodeDude]

Where is this Cyber Cafe? Anywhere near the Bay Area?
-- mrcodedude

 

[gopunk]

mm i think he should get a lawyer

 

[bsobel]

Originally posted by: MysticWar
rahvin, pardon my ignorance, but which part of the EULA prohibits this? Are you referring to the fee imposed hourly for the use of the computer? Every systems has its own copy of the game. He realizes the severity of software piracy and isn't foolish enough to purchase one copy for all the computers. Let me know if you are referring to a completely different issue.

He's not talking about piracy, most game EULA's have licenses that say you can't use them in the way you are (read the agreements). They make you go directly to them and license the game for such use (and it's more expensive than one copy per machine). Sorry.

Bill

 

[rahvin]

Originally posted by: bsobel

Originally posted by: MysticWar
rahvin, pardon my ignorance, but which part of the EULA prohibits this? Are you referring to the fee imposed hourly for the use of the computer? Every systems has its own copy of the game. He realizes the severity of software piracy and isn't foolish enough to purchase one copy for all the computers. Let me know if you are referring to a completely different issue.

He's not talking about piracy, most game EULA's have licenses that say you can't use them in the way you are (read the agreements). They make you go directly to them and license the game for such use (and it's more expensive than one copy per machine). Sorry.

Bill

I know the Quake family and Half-Life specifically prohibit the use of the retail software in public gaming facilities. Other games probably do as well. As Bill posted the licenses require you negotiate specifically with the game company. Be very carefull of this, you should specifically review the EULA of every game you have installed, if any prohibit the use you are engaging in you are commiting piracy.

 

[Gonad the Barbarian]

Install a bowling lane. Restaurants here will build tennis courts in back so they can be considered a country club and serve liquor by the glass.

 

[ultimatebob]

This problem is pretty easy to bypass. Just set aside 24 of the computers for gaming, and just use the other 16 for web surfing/e-mail/word processing. Problem solved!

Getting the legal system involved or simply moving the cafe to another location are two other options.

 

[brtspears2]

Do what my local cybercafe does. Sell food and drinks. They also put a NES, SNES, N64, Playstation, XBOX, 5 screens to bypass some "needs many unique forms of entertainment."

They just don't allow anyone under 18 during school hours or after 10pm.

 

[MysticWar]

ultimatebob, setting aside 16 computers for other usage sounds good, but that doesn't quite solve the hour issue that the city wants to impose. A big chunk of the revenue is from the latenight gamers. Lets put the EULA agreement part aside because that's going to be a whole new mess he has to deal with. Besides, I would assume that he and many other cyber cafes understand and will fully comply with the agreement before considering to open such a business.

One more thing, how hard is it to make the city amend their rules? Is it even achievable for those who don't have a million $ to *cough* donate *cough* to the city?


Thanks for all the suggestions.

 

[Dragnov]

Originally posted by: gentobu
I guess your friend could argue that the machines are not dedicated to gaming, but they can also be used for internet access, e-mail, and chatting.

Can't you use this argument? I mean a business can have say 36 computers that some may or may not have a few simple games on it. You would never call that an arcade! It's jsut a place where people can use a computer, what they use it for is up to them... aim, web browsing, games, e-mail, etc.

 

[MysticWar]

Just a little update for those who are interested. A virus mysteriously crept through the system and now all the computers are affected by it. All fingers are pointing toward the "competitor" at this moment because words are flying around about him planning to do such a thing to my friend's place.

 

[Balt]

Originally posted by: MysticWar
Just a little update for those who are interested. A virus mysteriously crept through the system and now all the computers are affected by it. All fingers are pointing toward the "competitor" at this moment because words are flying around about him planning to do such a thing to my friend's place.

That sucks. Do you have an image you can restore from?