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90-O-10 ~ .....", . . ORDINANCE NO. 90-0-10 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 "LATE NIGHT BUSINESSES" BY ESTABLISHING SECURITY MEASURES INCLUDING TRAINING, 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 Late Night Businesses, stores, or operations exceeds the number of such incidents at other establishments between the hours of 12:00 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 Late Night Businesses, 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 Late Night Businesses. 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. LATE NIGHT BUSINESSES Section 12.6 - Late Night Businesses Robbery Prevention. Late Night Businesses, stores, or operations that stay open between midnight and 6:00 a.m. are more likely to be robbed be- cause they are frequently the only establishments open during these hours, and due to the nature of the businesses, cash must be kept on the premises. In order to reduce the incidence of lost property and loss of 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 wel- fare. Section 12.6-1 - Definitions. For the purpose of this ordinance, the following words and phrases, when used in this 1 ,.. -- .... 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) "Employee" is the person, corporation, partnership, joint venture or other group enterprise legally responsible for the day-to-day operation of the late night business. (2) "Late Night Businesses" is a business establishment that: a. Operates at any time during the hours of 12:00 P.M. and 6:00 A.M. b. Offer goods, petroleum products, household or sundry items or any other merchandise, commodity or item for sale. (3) "Owner" is the person, corporation, partnership, joint venture or other group enterprise having lawful possession of the premises upon which the Late Night Business is operated. Section 12.6-2 - Regulations All late night businesses shall comply with the following regulations: (1) If open for business after midnight, late night busines- ses must 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. (2) Locate the sales area so that the clerk and customer are fully visible from the street at the time of the sales trans- action. It is not the intent of this subsection to require any existing business, store or operation to reconstruct or retrofit its facility unless remodeling of a substantial nature occurs. (3) Post a conspicuous sign in the window which states that the cash register has $50.00 or less in it. (4) Have no more than $50.00 cash available and readily accessible to employees. (5) Maintain a drop-safe or time release safe at the late night business which is bolted to the floor, or installed in the floor, or weighs at least five hundred (500) pounds. (6) Post a conspicuous sign in the window which states there is a safe at the late night business and it is not acces- 2 ~ lJ>o ..,.., ..., sible to the employees. (7) The area of parking lot utilized by customers and em- ployees of late night business must be lighted during all hours of darkness when employees and/or customers are on the premises as follows: a. Minimum requirements under this subsection shall be as prescribed in the Illuminating Engineering Society of North America publication entitled "Lighting for Parking Facilities" but, shall not exceed two (2) foot candles with a uniformity ratio of 4:1 for high activity areas. b. Additionally, all such lighting shall be in accordance with the applicable City lighting code requirements. (8) 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. (9) Any owner or employee who works between the hours of midnight and 6:00 a.m. at a late night business shall complete a course in robbery prevention to be approved 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 Or- dinances 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 be revoked by the city manager or his designee upon proof of vio- lation of this article. 3 . " . . ...,. """'" Section 12.6-4 Compliance All business establishments defined as late night businesses subject to this article, shall have a period of six (6) months from the effective date of this article to comply with the provi- sions 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 Hatfield 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 said Council held on the 19 day of March The second reading of this Ordinance to be at a Regular meeting of , 1990. meeting of the City Council of the City of Edgewater, Florida, to be held on the day of , 1990. 2 April R0LL CALL VOTE ON EXCUSED Councilman-Zo e Three -;/~A.~ Councilman-Zone Four SECOND READING: EXCUSED ~yor \ ........ , '. \ 4 Z/'~J Jr r \.~ (] ~ r Councilman -Zone Three � Councilman -Zone Four inance read and adopted on second reading at a _ meeting of the City Council of the City of Edge- x, and authenticated this 2nd day of April , i/14 Mayor