Ordinance No. 57-10-23 v ORDINANCE NO.: 57 -10- 23
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES,
OFFENSES, BY ADDING A NEW ARTICLE IV, CONVENIENCE
BUSINESS SECURITY ACT, PROVIDING FOR DEFINITIONS,
SECURITY REQUIREMENTS AND EMPLOYEE TRAINING FOR
CONVENIENCE BUSINESSES, INSPECTIONS AND ENFORCEMENT,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature enacted the "Convenience Business Security
Act" in Fla.Stat. § §812.1701 — 812.175 to prevent violent crimes and thereby to protect
employees and the consumer public at late night convenience businesses and also provide
uniform security standards for late night convenience businesses throughout Florida; and
WHEREAS, the Attorney General has the full power and authority to enforce the
provisions of the "Convenience Business Security Act "; and
WHEREAS, the Attorney General's Office has limited resources to enforce the
provisions of the "Convenience Business Security Act"; and
WHEREAS, the City Comission wants to ensure that convenience businesses
located in the City fully comply with the security standards of the "Convenience Business
Security Act" in order to protect employees and the public, consistent with Sections
812.170 ff., Fla.Stat.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is
hereby amended by adding a new Article to Chapter 13 to be numbered Article IV, which
Article shall read as follows:
"ARTICLE IV. CONVENIENCE BUSINESS SECURITY ACT.
Sec. 13 -162. Short Title, Purpose, and Authority.
This article shall be known and may be cited as the "City of Atlantic Beach
Convenience Business Act ". The purpose of this Act is to provide a method of local
regulation of convenience businesses within the City. These regulations are authorized and
consistent with the State statutory regulations found in Chapter 812, Fla. Stat.
Sec. 13 - 163. Definitions.
(a) As used in this Article, the term "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 p.m. and 5 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
p.m. and before 5 a.m.
(3) A business that has at least 10,000 square feet of retail floor space.
(b) 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 p.m. and 5 a.m.
(c) The definitions provided in this Section 13 -163, subsections (a) and (b), are
consistent with the current definitions found in Section 812.171, Fla.Stat., and to the extent
that those statutory definitions are amended, the definitions provided herein shall be
deemed amended accordingly.
Sec. 13 - 164. Security requirements.
(a) Every convenience business shall be equipped with the following security
devices and standards:
(1) An operational 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 2 foot- candles 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 in 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 p.m.
(b) A convenience business shall not have window tinting that reduces exterior
or interior view in a normal line of sight.
(c) Every convenience business shall be equipped with an operational silent
alarm to law enforcement or a private security agency, unless application for an exemption
is made to and granted by the Attorney General.
(d) If a murder, robbery, sexual battery, aggravated assault, aggravated battery,
or kidnapping or false imprisonment, as those crimes are identified and defined by Florida
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 p.m. and
before 5 a.m.;
Ordinance 57 -10 -23 Page 2 of 4
(2) Install for use by employees at all times after 11 p.m. and before 5 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
PC 110 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 p.m. and before 5
a.m.;
Lock the business premises throughout the hours of 11 p.m. to 5 a.m., and only
transact business through an indirect pass - through trough, trapdoor, or window; or
(4) Close the business at all times after 11 p.m. and before 5 a.m.
(e) For purposes of this section, any convenience business that by law
implemented any of the security measures set forth in subsection (d), paragraphs (1 -5) and
has maintained said measures as required by the Department of Legal Affairs, Office of the
Attorney General without any occurrence or incidence of the crimes identified by
subsection (d) 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.
(f) These security requirements are consistent with those provided for in
Chapter 812, Fla. Stat., specifically Sections 812.173 and 812.1725, Fla. Stat., as those
sections may be hereafter amended. To the extent that these statutory security
requirements are amended, then these City of Atlantic Beach security requirements are
similarly deemed amended hereafter.
Sec. 13 - 165. Employee Training.
The owner or principal operator of a convenience business or convenience
businesses shall provide proper robbery deterrence and safety training by an approved
curriculum by the Attorney General to its retail employees within 60 days of employment.
Sec. 13 - 166. Inspections.
The City Manager, or his designee, shall ensure initial compliance with this Article
within one hundred and twenty (120) days of adoption. Thereafter, the City Manager, or
his designee, shall conduct initial inspections within thirty (30) days of the issuance of a
new business tax receipt, and conduct annual inspections in October of each year.
Sec 13 - 167. Violations.
The City Manager, or his designee, may refer any violation of this ordinance to the
Attorney General's Office for enforcement per Fla.Stat. 812.175, and to the City's Code
Enforcement Officer for prosecution before the City's Code Enforcement Board.
Ordinance 57 -10 -23 Page 3 of 4
Sec. 13 -168. Severability.
If any section or portion of a section of this Ordinance proves to be invalid,
unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force,
or effect of any other Section or part of this Ordinance.
Sec. 13 - 169. Codification.
It is the intention of the City Commission of the City of Atlantic Beach, Florida,
and it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinance of the City of Atlantic Beach, Florida; that the sections of
this Ordinance may be renumbered or re- lettered to accomplish such intention; that the
word, "Ordinance" may be changed to Section," "Article," or other appropriate word.
Sec. 13 - 170. Civil Fines.
Violations of this Ordinance may result in a notice of violation from the Attorney
General, civil fines imposed by the Attorney General not to exceed $5,000.00 per Fla.Stat.
812.175, and any fines and costs imposed by the City's Code Enforcement Board as
authorized by Fla.Stat. 162.01 ff."
SECTION 2. This Ordinance shall take effect immediately upon its fmal passage and
adoption.
PASSED by the City Commission on first reading this 25th day of October, 2010.
PASSED by the City Commission on second and fmal reading this 8 day of
November, 2010.
ATTEST:
,d..V:&>yez i l/Li AL„,,t-
Donna L. Bartle, City Clerk Mike Borno, Mayor
Approved as o form and correctness:
''• %
Alga d
A . ir nsen, Esquire
C torney
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