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O90-55ORDINANCE NO.~90-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DEALING WITH CONVENIENCE STORE SECURITY; PROVIDING FOR SHORT TITLE; PROVIDING FOR DEFINITION; PROVIDING FOR CONVENIENCE STORE SECURITY MEASURES; PROVIDING FOR TRAINING OF EMPLOYEES; PROVIDING FOR NONCOMPLIANCE FEE ASSESSMENTS AND CIVIL FINES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature enacted into law the "Convenience Store Security Act," Chapter 90-346, Laws of Florida; and WHEREAS, the purpose of the Act is to protect ~onvenience store employees and the public from robbery and · njury; and WHEREAS, the Act provides measures that must be taken ordinance requiring same; and WHEREAS, the City Commissioners for a number of preventive upon adoption of a local of the City of Boynton Beach, Florida, believe that the adoption of an ordinance as such serves the health, safety and general welfare interests of the residents of the City of Boynton Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Short Title. This ordinance shall be known as and may be cited as "The Convenience Store Security Ordinance of the City of Boynton Beach, Florida." Section 2. Definition. As used in this ordinance, the term "convenience store" means any place of business that is engaged in the retail sale of groceries, including the sale of prepared foods, and gasoline and services, that is regularly open for business at any time between the hours of 10:00 P.M. and 5:00 A.M., and that is attended during such hours by one employee. The term "Convenience Store" does not include a store which is solely or primarily a restaurant. The term also does not include any store in which the owner and members of his or her family work in the store between the hours of 10:00 P.M., and 5:00 A.M. Section 3. Convenience Store Security Each convenience store located within the municipal boundaries of the City of Boynton Beach shall: (1) Be equipped with the following security devices: a) A silent alarm that notifies a private security agency that a robbery is taking place; b) A security camera system capable of returning an image to assist in the identification and apprehension of a robber; and c) A drop safe or cash management device that provides minimum access to the facility's cash receipts; Lighted parking lots illuminated at an intensity of 2 foot-candles per square foot with a uniformity ratio of no more than 5 to 1 at 18 inches above the surface; Post a conspicuous sign in the convenience store entrance which states that the cash register contains fifty ($50.00) dollars or less; Maintain window signage so that there is a clear and unobstructed view of the cash register and transaction area; Prohibit window tinting on the windows of the establishment if such tinting reduces exterior or interior viewing during the hours of operation to which this ordinance is applicable; Install height markers at the entrance of the establishment which display height measures from the floor; (2) (3) (4) (5) (6) Section 4. No later than (7) Establish a cash management policy to limit the amount of available cash on hand between the hours of 9:00 P.M. and 6:00; and (8) Install safety enclosures constructed of bullet-proof glass or, in the alternative, provide two employees to be on duty at the same time. Training of Employees June 30, 1991, the owner or principal operator of a convenience store shall provide proper robbery deterrence and safety training to at least its employees who work between the hours of 9:00 P.M., and 6:00 A.M. The convenience store owner or operator may utilize a training program of his or her choice, however, said program must be submitted in writing to the Attorney General for approval. Section 5. Noncompliance Should any convenience store fail to comply with any of the provisions of this ordinance, a fee shall be assessed at the maximum rate allowed by law, not to exceed five thousand ($5,000.00) dollars per violation as provided for hereinbelow. If noncompliance with this ordinance is corrected within ten (10) days after receipt of written notice of said noncompliance, no fee will be assessed. However, any owner or principal operator of a convenience store who willfully and deliberately violates the requirements of this ordinance shall be required to pay to the City of Boynton Beach, upon filed by the City with the City Code Enforcement civil fine of up to five thousand ($5,000.00) a complaint Board for a dollars. Section 6. Severability If any section, paragraph, sentence, clause phrase or word of this ordinance is for any reason held by the Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this ordinance. Section 7. 9rdinance. Section 8. immediately upon passage. FIRST READING this 1990. Authority is hereby granted to codify said This ordinance shall become effective SECOND, FINAL READING and PASSAGE this ~Z/~-/2f~,~ , 1990. ~69day of ATTEST: Ci~ Clerk Commissioner Commis~i~&r v (c0rPora~e Seal)