Ordinance 91-004 ORDINANCE NO. 91- & --'
ORDINANCE PROVIDING FOR REGULATION OF CONVENIENCE
STORES PURSUANT TO THE REQUIREMENTS OF CHAPTER
90-346, LAWS OF FLORIDA; PROVIDING FOR TITLE AND
CITATION; PROVIDING FOR APPLICABILITY; PROVIDIN~
DEFINITIONS; PROVIDING SECURITY REQUIREMENTS ?
PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, many convenience stores operating during the
night and early morning hours are at risk for robbery; and
W~EREAS, certain minimum security requirements are helpful
in protecting the store e:.ployees and the consumer public from
robbery and-injury; and
W]{EREAS, the legislature of the State of Florida adopted
Chapter '90-346, Laws of Florida, which became law on July 6,
1990; and
. WHEREAS, said law requires that each local government in
which a death, serious injury, or sexual battery has occurred
during the commission of a theft or robbery at a convenience
store within its Jurisdiction during the preceding twelve
months shall adopt an ordinance which mandates certain
convenience store security provisions and penalty provisions of
said law.
NOW, T}{EREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
~: TITLE AND CITATION.
This Ordinance shall be known and may be cited as the
"Collier County Convenience: Store Security Ordinance."
~J~_~_Q: APPLICAf. ILITY.
This Ordinance shall apply to and be enforced in all
unincorporated areas of Collier County.
~: DEFINITIONS.
The following words, phrases or terms as used in this
Ordinance shall have the ~ollowing meanings unless the context
clearly indicates otherwise:
A. 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 hour~s 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
~.' ~E~"which is solely for or primarily a restaurant. The
-" term "convenience store" does not include any store in
which the owner and members of his family work in the
· _". ,r.. store between the hours of 10:00 p.m. and 5:00 a.m.
~uE?.Ow~er.'=~means the person, corporation, partnership~
i~ , r~ro~oint venture 'or other group enterprise having
rc~z~'r', apossession of the premises upon which the convenience
· ':HZ/.Store is operated..
<i' 2~ur~. ~ means the person, corporation, partnership,
.. Joint venture or group enterprise legally responsible
~,. ~H£;'.for the day-to-day operation of the convenience store.
~: CONVENIENCE STORE SECURITY REQUIREMENTS.
i~" ' ..... .,All-convenience stores shall:
A. Be equipped with the following security devices:
1. A silent alarm that notifies local law enforcement
" - ......... ~'.~, .or: .a private security agency that a robbery is
..... taking place.
.,' ' 2 'i'A' security ca,mera sy~tem capable of retrieving an
~'~i~ '' image to assist in the identification and appre-
'1'3[ hension of a robber.
~. 3. A drop safe or cash management device that pro-
vides minimum access to the facilities cash
~. receipts.
B. Maintain parking lots, illuminated at an intensity of
two foot-candles per square foot with a uniformity
ratio of no more than five-to-one at 18 inches above
the surface. The convenience store owner shall
provide to the County a certification from an
electrical engineer registered in the State of Florida
:, verifying that the convenience store is in compliance
~'~' with this requirement. I 009~q 68
· C. Post a conspicuous sign in the convenience store
.entrance which states that the cash register contains
.. fifty (50) dollars or less.
D. Maintain window signage so that there is a clear and
unobstructed view of the cash register and transaction
area.
~:~ E. Prohibit window tinting on the windows of the estab-
lishment if such window tinting reduces exterior or
Anterior .viewing during the hours of operation to
~.. which this.~Ordinance .is applicable.
F. Install height markers at the entrance of the estab-
· ~i~hment~which display height measures from the floor.
' . G. Establish a cash nanagement policy to limit the amount
?i" '. q~lable-cash.on hand between the hours of 9:00
p..m~ . and-6:00 a.m.
~,. H, No:- later-that. June 30,-:.-1991, the owner or principle
~i?iii'. ~Rerator of a convenience'store shall provide proper
~. Lo. 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. Any.proposed program of training shall be
"- submitted .~n writing to the Florida Attorney General
'~:~ as req~/ired under Section 812.174, Florida Statutes.
Failure to comply with this Ordinance shall be brought
before the Collier County Code Enforcement Board established
~." pursuant to the authority of Chapter 162, Florida Statutes.
All proceedings before said Board shall be governed by Collier
County Ordinance No. 88-89, and as amended. Upon its determin-
ate'on, of non-compliance, said Board shall impose penalties
, against the owner or principle operator pursuant to the
loll'owing non-compliance fee schedule adopted hereby:
' ~ A. If non-compliance is corrected within 10 days after
the determination of non-compliance, no fee shall be
(:~ assessed.
B. Non-compliance for days 11-20: $250 per day shall be
~ assessed for each day violation continues
~ ·
~ C. Non-compliance for days 21-25: $500 per day shall be
..~. ~--O assessed for each day violation continues.
However, any owner or principle operator of a convenience
~i' store who willfully and deliberately violates the requirements
Of this Ordinance or who deliberately fails to initially
implement the requirements of this Ordinance shall be required
to pay to Collier County, upon complaint filed by Collier
County, a.=ivil fine of up to 5,000 dollars.
Enforcement of this Ordinance, pursuant to this section,
will begin the ninetieth day after the effective date of this
Ordinance.: . _. -
~:-,. CONFLICT AND SEVERABILITY.
In ~ event'., this Ordinance conflicts with any other
ordinance~-Collier County or other applicable law, the more
restrict~.=mhall apply. If any' phrase or portion of this
Ordinanc~- is=~ld, invalid or unconstitutional by any court of
c~petent Jurisdiction, such portion shall be deemed a
separate, distinct,~.and independent provision and such holding
shall no~-'affect ~e validity of the remaining portion.
~~r" EF~IVE' DATE'.
~is Ordinance shall become effective upon receipt of
notice from the Secreta~ of State that this Ordinance has been
filed wit~ ~e:Secreta~ of State.
PASS~ . ~ D~Y ~ ~ED by the Board of County
~10R~s of Collier County, Florida, this ~ day of
1991...
=~.'C.<.~I~ES, Clerk BO~ OF CO~TY CO~ISSION~S
OF CO~I~ CO~TY, F~RIDA
.?.: . ~
By:~~~ ~ ~,~
- ~%%" Chairperson
~as to fo~ and
suf ficien~:
J{ r~el t '
STAT. E .=.0 .~ u FLORI DA, )
COUNTY:OF COLLIER )
~ ~ ~' ~ ~'.~ ..
"Tw~q~.~h 4udtclal circuit, Collier County, Florida, do
~'~_. · ~. Ordinance No. 91-4
which.wa8 adopted by the Board of County Commtsslone=s on
the :8~h day of January, 1991, durln~ Re~lar Session.
WITNESS my hand and the official seal of the Board
-~Co~ty .Co~lss~oners of Collier County, Florida, this
day ~f 'January, ~99~.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-off~cio to Board of .'-j
County Commiss ~oners
?~'..
Deput~ Clerk -.~