90-O-1
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~ REPLACED BY ORD. 90-0-10
ADOPTED APRIL 2, 1990
ORDINANCE NO. 90-0-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE-
WATER, FLORIDA, AMENDING CHAPTER 12, "OFFENSES AND
MISCELLANEOUS PROVISIONS" OF THE CODE OF ORDINANCES OF
THE CITY OF EDGEWATER, FLORIDA, BY CREATING ARTICLE
III, SECTION 12.6 ENTITLED "CONVENIENCE STORES" BY
PROVIDING FOR DEFINITIONS~ ESTABLISHING REGULATIONS~
ESTABLISHING SECURITY MEASURES INCLUDING TRAINING,
NUMBER OF PERSONNEL TO BE ON DUTY AND LIGHTING
REQUIREMENTS~ ESTABLISHING A RIGHT OF ENTRY FOR
INSPECTION~ ESTABLISHING PENALTIES~ CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the number of homocides and robberies at Conven-
ience Food Stores exceeds the number of such incidents at other
establishments between the hours of 8:00 P.M. and 6:00 A.M., and
WHEREAS, such excess demonstrates a greater likelihood
that such incidents will occur unless precautionary measures are
taken at Convenience Food Stores, and
WHEREAS, the occurrence of such incidents has resulted in
the loss of life and loss of property and is contrary to the pub-
lic health, safety and welfare of the employees and customers of
Convenience Food Stores.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1. That Article III, section 12.6 of Chapter 12
of the Code of Ordinances of the City of Edgewater, Florida, be
and is hereby created to read as follows:
ARTICLE III. CONVENIENCE STORES
Section 12.6 - Convenience Store Robbery Prevention
Convenience retail-store establis~~s and gasoline sta-
tions that stay open between midnight and ~OO a.m. are more like-
ly to be robbed because they are frequently the only establish-
ments open during these hours, and due to the nature of the busi-
ness, cash must be kept on the premises.
In order to reduce the
incidence of lost property and loss or injury to life, the City
Council of the City of Edgewater finds it necessary to enact this
Article under its police powers to protect the public health,
safety and welfare.
Section 12.6-1 - Definitions.
For the purpose of this
ordinance, the following words and phrases, when used in this
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ordinance, shall, for the purpose of this ordinance, have the
meanings respectively ascribed to them in this Ordinance, except
where the context otherwise requires:
(1) "Convenience Food Store" is a business establishment
that:
a. Derives fifty (50%) percent or more of its gross income
from the sale of goods, merchandise, or other articles of value
in their original containers.
b. Offers a limited quantity and variety of food, household
and sundry items.
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/6:00 A.M.
c. Operates at any time during the hours of 8:00 P.M. and
d. Does not sell or have for sale prescription drug items.
(2) "Owner" is the person, corporation, partnership, joint
venture or other group enterprise having lawful possession of the
premises upon which the convenience food store is operated.
(3) "Employee" is the person, corporation, partnership,
joint venture or other group enterprise legally responsible for
the day-to-day operation of the convenience food store.
Section 12.6-2 - Regulations.
All convenience stores shall comply with the following regu-
lations:
(1) If open for business after midnight, the convenience
food store must employ two (2) persons who are continuously on
duty on the premises from midnight until closing or~OO A.M.,
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whichever event occurs first.
(2) Locate any signs posted in the windows so as to provide
a clear and unobstructed view of the cash register and sales area
from the street.
(3) Locate the sales area so that the clerk and customer
are fully visible from the street at the time of the sales trans-
action.
(4) Post a conspicuous sign in the window which states that
the cash register has $50.00 or less in it.
(5) Have no more than $50.00 cash available and readily
accessible to employees.
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(6) Maintain a drop-safe or time release safe at the Conven-
ience Food Store which is bolted to the floor, or installed in
the floor, or weighs at least five hundred (500) pounds.
(7) Post a conspicuos sign in the window which states there
is a safe at the convenience store and it is not accessible to
the employees.
(8) The entire area of the parking lot utilized by custo-
mers of the Convenience Food Store must be lighted during all
hours of darkness when employees and/or customers are on the prem-
ises as follows:
(a) Minimum average maintained illuminance must be two (2)
foot candles or greater with a uniformity ratio (average to mini-
mum) of no more than 5:1.
(b) Additionally, all such lighting shall be in accordance
with the applicable City lighting code requirements.
(9) Install a security camera of a type and number approved
by the City Manager or his designee. Said camera must be capable
of producing a retrievable image on file 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 subject to periodic inspection by the City Manager or
his designee.
(10) Any owner or employee who works between the hours of
midnight andl':OO A.M. at a Convenience Food Store shall complete
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a course in Robbery Prevention to be given by the Edgewater Po-
lice Department, or a program certified by the City Manager or
his designee, within thirty (30) days after he or she begins em-
ployment.
Section 12.6-3. Penalties
(1) Violation of any of the above numbered sections is sub-
ject to punishment as provided in Section 1.8 of the Code of Ordi-
nances of the City of Edgewater.
(2) The City may obtain injunctive relief to restrain or
prohibit violation of this article.
(3) The occupational tax license for any establishment may
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be revoked by the City Manager or his designee upon proof of vio-
lation of this article.
Section 12.6-4. Compliance
All business establishments defined as late night conven-
ience stores subject to this article, shall have a period of six
(6) months from the effective date of this article to comply with
the provisions herein.
SECTION 2. That all ordinances or parts of ordinances and
all resolutions in conflict herewith, be and the same are hereby
repealed.
SECTION 3.
If any section, part of a section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
SECTION 4.
This Ordinance shall take effect immediately
upon its adoption by the City Council of the City of Edgewater,
Florida, and approval as provided by law.
This Ordinance was introduced by Councilman Fish
This Ordinance was read on first reading and passed by a
vote of the City Council of the City of Edgewater, Florida, and
approval as provided by law, at a
Regular
meeting of
said Council held on the
10
day of
January
, 1990.
The second reading of this Ordinance to be at a
Regular
meeting of the City Council of the City of Edgewater, Florida, to
be held on the
5th day of
February
, 1990.
ROLL CALL VOTE ON ORDINANCE NO. 90-0-1
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ouncilman-tone Four
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SECOND READING:
Mayor
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Councilman-Zone One
Councilwoman-Zone Two
Councilman-Zone Three
Councilman-Zone Four
ATTEST:
City Clerk
This Ordinance read and adopted on second reading at a
meeting of the City Council of the City of Edge-
water, Florida, and authenticated this day of ,
1990.
Mayor
This Ordinance prepared by:
City Attorney
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