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Home My WebLink AboutO-86-24AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, CREATING CHAPTER 22; THE "LATE NIGHT RETAIL STORES"; PROVIDING DEFINITIONS; ESTAB- LISHING REGULATIONS, ESTABLISHING SECURITY MEASURES INCLUDING TRAINING, SILENT ALARM SYSTEM; LIGHTING REQUIREMENTS; VISABILITY REQUIREMENTS; ESTABLISHING A RIGHT OF ENTRY FOR INSPECTION; ESTAB- LISHING PENALTIES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, retail establishments and gasoline stations that stay open between 12 midnight and 6:00 A.M. of the same day with only one (1) employee on the premises are more likely to be robbed than similar establishments not operating during those hours because (1) they are frequently the only establishments open during those hours; (2) due to the nature of the business, cash must be kept on the premises; and (3) such establishments frequently have on the business premises a single employee who is therefore isolated, and vulnerable, and WHEREAS, within the past twelve (12) calendar months, at such establishments, between the hours of midnight and 6:00 A.M. several commercial robberies have occurred within the business premises have occurred at such establishments, and WHEREAS, the occurrence of such incidents has resulted in loss of several lives and in loss of property, and increases the potential for loss of life, and is contrary to the public health, safety and welfare of the employees of such establishments and of the general public who would frequent such establishments, and WHEREAS, certain security measures could reduce the potential for such loss of property and loss of life by eliminating or modifying those conditions at such establishments that promote such occurrences, and WHEREAS, evidence Sebastian that the increase crime prevention acts, and WHEREAS, has been presented to the City Council of measures described in this Ordinance will effectiveness and will deter criminal the Police Department of the City of Sebastian has provided evidence that these regulations are necessary and provide essential requirements that will minimize or eliminate the excessive incidents of homicide and/or robbery at such "Late Night Retail 1 Stores". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA; SECTION I Chapter 22, consisting of Sections 22-1 through 22-4, inclusive, is hereby created and added to the Code of Ordinances of the City of Sebastian as follows: ~pter 22 - ~A~ NIGHT RETAIL STOR~ Section 22-1. Definitions. The following terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) "Late Night Retail Store" is a business establishment that: (1) derives 80% or more of its gross income from the sale on the premises of goods, merchandise, fuel, or other articles of value in their original containers or, (2) offers to walk-in customers a limited quantity and variety of food, household and sundry items, or gasoline, and (3) is open for business to the public at any time during the hours of midnight and 6:00 A.M. and, (4) does not employ at least two (2) employees on the premises every hour between midnight and 6:00 A.M. (b) "Owner" is the person, corporation, partnership, joint venture or other group enterprise having lawful possession of the premises upon which the Late Night Retail Store is operated. (c) "Employee" is the person, corporation, partnership, joint venture or group enterprise legally responsible for the day-to-day operation of the Late Night Retail Store. Section 22-2. Eggulations. All Late Night Retail Stores as defined above shall comply with the following regulations: (a) No sign, display, merchandise, or window tinting shall be placed on clear and from the street. or adjacent to any window which would interfere with a unobstructed view of the interior of the establishment outside and of the cash register or registers from the (b) Provide a silent alarm system that shall be able to activate by the employee without detection of another person. Such system shall be able to notify the Sebastian Police Department of trouble by generating a signal at the Sebastian Police Department. (c) The sales area shall be in the front of the store so that the clerk and customer are clearly visible from the street at the time of the sales transaction. (d) At least one conspicuous sign shall be posted in the front window which states that the cash register has $50.00 or less in it. (e) No more than $50.00 cash shall be available and readily accessible to any employee. (f) A drop-safe or time release safe shall be on the premises and be bolted to the floor/installed in the floor, or which weighs at least five hundred (500) pounds. (g) A conspicuous sign shall be posted which states that there is a safe at the store and it is not accessible to the employees. (h) The entire area of the Late Night Retail Store, utilized by customers for parking, shall be lighted and maintained at two (2) foot candles per square foot. The level of lighting shall be measured five (5) feet above the surface of the parking area. (i) Install a security camera of a type and number approved by the Chief of Police or his designee. Said camera must be capable of producing a retrievable image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Cameras meeting the requirements of this section shall be maintained in proper working order at all times and shall be sub- ject to periodic inspection by the Police Department or building officer. (j) Any owner or employee who works between any hours of midnight and 6:00 A.M. in a Late Night Retail Store shall complete a course or program in Robbery Prevention certified by the City Council within 90 days after he or she begins employment. Section 22-3. Inspections and Compliance. The City Building Department shall inspect all late night retail sales establishments subject to this Ordinance to determine compli- ance. The Building Official shall issue an appropriate compliance document if the inspected establishment meets the requirements of this Ordinance. The City Council may from time to time by Resolu- tion promulgate such a document and may establish fees to be paid by any person operating such an establishment. Section 22-4. Penalties. (a) Violation of any of the above numbered sections is subject to the powers of the Code Enforcement Board. (b) The City of Sebastian may obtain injunctive relief to restrain or prohibit any violation of this Ordinance. (c) The occupational license for any establishment may be revoked by the City Council upon proof of willful violation of this Ordinance. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. All ordinances, or parts of ordinances, in conflict herewith are, to the extent of such conflict hereby repealed. This ordinance shall become effective immediately but Late Night Retail Stores shall have 120 days to fully comply with all of the terms and conditions herein specified..~ ~,/ ///j~ ( L.~ne Harris, Mayor ATTEST: / ....... I HEREBY CERTI?¥ THAT a Notice of Public Hearing of the Foregoing Ordinance was given in accordance with Section 166.041, Florida Statutes, on the /7~ day of _~~ 1006, in the _.~ ...... _~__, a newspaper of ,eneral Circulation in the City of Sob- _ astian, Florida~ that said public hearing was held in tho City Hall of Sebastian, ~lorida, at ~ '~d o'clock, P.~., on the /~t~, day of .... ~ .... ~ 1986~ and that th~s Ordinance pa88od on 8ocond and final .... reading and was adored by the City Council of the City of Sebastian, the ~ day of on 4