Ordinance 90-969ORpiNANCE NO. 969
11
11
HE CODE OF ORDINTANCESIUS Et.OF LONGWOOD;
ft 6" c
STORES ' I. TO. PULLIC
DEALT",ES
E; OE
STORESREQUIRING C
11
ATIONB EAO TRAINING;IALNN S EQUIRING
IN REQUIRING THAT A
MINIMUM
R0, PROVIDING FEE
OVIDING FLE MINIM" LIGHTING
REQUIREMENTS;FRPROVIDING BE PENALTIES;
rof
PROVIDILIBERAL IMF
DEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS, the number of homicides, robberies and related
criminal --ity At varieus retail hasine.— stores and
operations open between the hours of 9 0 F.M. and —0 A.M. exceed
the number of such incidents and occurrences at oi. her times at
commercial establishments; and
WHEREAS, the nature o£ and operative facts involved in such
homicides and robberies demens t.rates a greater likelihood that such
incidents are reasonably Irkely to continue to oC cur Unless
p captionary safety easnree are taxes at. —h businesses, stores
and operations anrmg certain nod rs of op as ion, and
WHEREAS, the and Comsat in
the City of Longweed and the areas withi p oxrmity to Longwood
have resulted in the lose and endangerment of life and property and
the loss and endangerment. of life and property is contra y I. the
health, safety and welfare o£ the employees and customers of such
businesses, stares and operations as well as to the general p lie
including, but not limited to the relatives of the victims of such
criminal acts and —d—t; and
WHEREAS, the Longwood eolrce ep tment, as well as other
members of th public and law enforcement iota rests nave provided
evidence that the p o+rsrons of this Ordinance are reasonable and
n ecessa Iy an -—de ess entral re geireme nts that will mr nrm_ce —
elrainate the incidents and occurrences of —Gin. beh —,
directed at such stores and operations at time periods when they
are significantly more at risk than at other tim p vods, and
pl—ide the P.b— with the use of I—, —hi-7 P.1-19
--tt' --- and similar temporary roc reational or
b—B— store of pt—ti— S-1, 1. located in . —i, —11
or shoppiny t.— —h ten (10) or more lt--- —t—ly i.
operation at the shopping —11 or shopping —It— at which sU,pping
—11 or sh.pp —t— — 11. than one-half (1/2) of the 1-1
--- or —ti— I-- at the shopping —I or
.h.ppitg —t— are open for business during the same hours,
between 9:00 R.M. and 5:10 A.M., that It, — -- or
operation otherwise q..Iifyi.g as being at —k i, Open. A,
1-1. o operation 11—h --y -- or —tk— p—E.1
services —11 not b, deemed t, b. .. At Eitl Bus inese, Etll. or
Operation.
(b) Employee" .—I the P—t—, partnership,
brat --l. - 911UP eatli— 111Y —P—ibll for the day-
to-day lltti— of the At Risk 0us mess, St.— or Operation.
(,) 0—, ..t. the person, p.L sons, corporation,
pt--hip, joint —tt— or .— 91—p --pli— Ul 11
entity hay I-- P-111ti— of thS, premises upon 11—h the At
—k E—jt— St— or OPSI.ti— it P—ttd. The —1 of — At
E-B Business, St.,. or Op—t— may have only . Leasehold
interest - the property upon —.h the It Risk St—t—, St— or
Operation iB located, but -ill b. deemed the —Ol of the At Risk
B.—It, St.— or Operation notwithstanding the fact that the
owner — not have a — simple --hip in the property.
(d) S.1. —lk—. the ..Plty— of — At Risk Business.
Store or Operation who accomplishes or negotiates the — of
N--, P.—l— products, food, --ld or sundty it—, at the
premises of , business, score or —ti—
E.E- --1 REQUIUENENTS APPLICABLE TO IT 1111 BUSINESS,
STOIIE 01 01—TI-9; PEESNMPTION.
(.) ALI At Risk B--- St.— or Op—,ti shall
—Ply with the —1.—g conditions of opj pl.lidtd,
only Subsection (a) (1) Bf t Ettti— S-1 apply
__ apa Dens, tabl ishments.
(Sr wnene,er an AC Riex Bus raesi, store or
Operation is p for business after 9:00 P.M., the At Risk
eusine.,.,, Store or p atvon shall employ no less than two (2r
empl.Oyees who, unless unable to be on duty due to illness Or
emergency, shall be cont,nuou y on duty on fh p miss. from 4:00
P.M. until such time as the At Risk Business, Store or Operation
closes for the business d.y r 5:00 A.M., whichever occurs first;
provided, however, that it is the intent of this code to require
each At R,sk Business, store or p at,on which is open for
business at any tame during the hours of 9:00 P.M. to S.00 A.M. to
bave no less than two (21 p Y I-- At the At Risk
8u11 ne BS, Store or Operation during aid hours of operation,
provided, further, however, that the owner of the store, business
Or operation shall make a good faith effort to fill a y --by
result g from illness or ems rgeocy. Any At Risk Business, Store
Or Operation may be exe pt from the requirements of this Subsection
(a7 (1) relating to two (2) e p y s being on d y by pib,,dig
for a bulletproof enclosure from which sale clerks negotiate sales
and which enclosure pi —ides for a remote control mechanism by
which the sales clerk has the ability to lock all doors by which
—tty can be made into the merchandise area of the At Fisk
eosin ess, Store Or Operation, of there is a merchandise area, and
has the ability to lock a.l.l doors into the bulletproof enclosure.
The enclosed area shall be locked and secure during the hours of
9:00 P.M. and 5:00 A.M. from outside intrusion by any non -
authorized person. The bulletproof enclosure must be cap le of
resist g a propellant fired or d,sch g from A 38 —iber weapon
fired at a distance of twelve (12) inches.
(2) Each At R.i sk eosins.., Store or p at,on shall locate
any and all signs located, p zed or posted in or obstruc...ing
merchandise located or placed in an area immediately abutting ehe
and unobstructed view from all streets abutting the At Risk
Business, Store or Operation through said existing windows to each
cash register area and to earn area where retail sales occur or rn
which each is otherwise excb ge . In the ease of self-service
petroleum dispensing ana sales facilities, a c,1ea'r ana unobstructed
v rew shall roe maintained from the sales attendant to the fuel
dispensing equipment being utilized by customer. it is not the
intent of this Subsection to require any existing business, store
remodeling of a substantial nature occurs.
(3) Sub equent to the effective date of this chapter of the
code, each newly constructed or substantially remodeled At Risk
Business, Stele or Operation ebali construct or remodel each area
of its facility to be located and can g ea in such a way so as
to insure that each sales clerk making a sale and each customer
making a purchase is fully visible during a sale and p chase event
or transaction from all street fro he At Fisk Busrness,
Store or Operation.
(4) —h At Palk Badness, Store nr Operation shall post a
conspicuous non -view obstructing sign at the facility and, if the
sale o£ petroleum products occurs by cans of dispensing pumps, at
petroleum p oduct dispensing pu ps or islands which sign or big..
It— that the cash register located at and the employees present
and on duty at the At Risk Busrness, Stare or pe atron contain or
have access to no more than tr ty and No/300 Dollars (550.00) and
that a safe rs located .in the At —F business, Store or Operation
which safe is not acc es sibla to the p oy es present and on duty.
( 5 ) Each At Risk Business, Store or Operation, shall, during
the hours of 9:00 P.M. and 5:00 A.M., have no more than Fifty and
No/1.00 Dollars (s50.00) rn cash re as y available ana —dily
accessible from a cash register to employees present and on duty
during sa ra hours and shall sa f.g ra y ash in excess of Fifty
ana No/100 Sonars ($50.00) in a sofa located on t e premises which
safe sha.l.l comply with the provisions of Subsection (a) (6) of this
Section. This Subsection (a) (5) shall not pply to activities
occurring at such times when transfers of funds for deposit are
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SCCONo REAoxry : %tea-.-.-L / 9 / 90
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Jt NARD S. IA t. CITY TORrvEY