§ 20-59. Convenience business safety.

(a)

Definition. As used in this section:

Convenience business means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11:00 p.m. and 5:00 a.m. The term "convenience business" does not include:

(1)

A business that is solely or primarily a restaurant.

(2)

A business that always has at least five employees on the premises after 11:00 p.m. and before 5:00 a.m.

(3)

A business that has at least 10,000 square feet of retail floor space.

The term "convenience business" does not include any business in which the owner or members of his or her family work between the hours of 11:00 p.m. and 5:00 a.m.

(b)

Security standards. Every convenience business shall be equipped with the following security devices and standards:

(1)

A security camera system capable of recording and retrieving an image to assist in offender identification and apprehension.

(2)

A drop safe or cash management device for restricted access to cash receipts.

(3)

A lighted parking lot illuminated at an intensity of at least two footcandles per square foot at 18 inches above the surface.

(4)

A conspicuous notice at the entrance which states that the cash register contains $50.00 or less.

(5)

Window signage that allows a clear and unobstructed view from outside the building and provides a normal line of sight of the cash register and sales transaction area.

(6)

Height markers at the entrance of the convenience business which display height measures.

(7)

A cash management policy to limit the cash on hand at all times after 11:00 p.m.

(c)

Window tinting. A convenience business shall not have window tinting that reduces exterior or interior view in a normal line of sight.

(d)

Silent alarms. Every convenience business shall be equipped with a silent alarm to law enforcement or a private security agency, unless an application for exemption is made to and granted by the Attorney General, pursuant to F.S. § 812.173.

(e)

Additional security measures. If a murder, robbery, sexual battery, aggravated assault, aggravated battery, or kidnapping or false imprisonment, as those crimes are identified and defined by State statutes, occurs or has occurred at a convenience business since July 1, 1989, and arises out of the operation of the convenience business, that convenience business shall implement at least one of the following security measures:

(1)

Provide at least two employees on the premises at all times after 11:00 p.m. and before 5:00 a.m.;

(2)

Install, for use by employees at all times after 11:00 p.m. and before 5:00 a.m., a secured safety enclosure of transparent polycarbonate or other material that meets at least one of the following minimum standards:

a.

American Society for Testing and Materials Standard D3935 (classification PC110 B 3 0800700) and that has a thickness of at least 0.375 inches and has an impact strength of at least 200 foot pounds; or

b.

Underwriters Laboratory Standard UL 752 for medium power small arms (level one), Bullet Resisting Equipment;

(3)

Provide a security guard on the premises at all times after 11:00 p.m. and before 5:00 a.m.;

(4)

Lock the business premises throughout the hours of 11:00 p.m. to 5:00 a.m. and only transact business through an indirect pass-through trough, trapdoor, or window; or

(5)

Close the business at all times after 11:00 p.m. and before 5:00 a.m.

(f)

Exemption. For purposes of this section, any convenience business that by law implemented any of the security measures set forth in subsections (e)(1) though (5) of this section and has maintained said measures as required by the Department of Legal Affairs without any occurrence or incidence of the crimes identified by subsection (e) of this section for a period of no less than 24 months immediately preceding the filing of a notice of exemption, may file with the department a notice of exemption from these enhanced security measures. In no event shall this exemption be interpreted to preclude full compliance with the security measures set forth in subsection (e) of this section should any occurrence or incidence of the crimes identified by subsection (e) of this section cause subsection (e) of this section to be statutorily applicable. As of the date this act becomes law, the department of Legal Affairs will provide notice to any convenience business to which a subsection (e) of this section incident has previously occurred. In no event shall the State or the Department of Legal Affairs incur any liability for the regulation and enforcement of this act.

(g)

Conformance to Florida Building Codes. All materials and methods of construction required pursuant to this section shall conform to the requirements of the Florida Building Code which has been adopted by the City and shall comply with all permitting requirements as set forth in the Florida Building Code.

(Ord. No. 917-G, § 1, 3-5-2009)