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Agenda 03/10/2009 Item #16K 1 :t~;m r.~o.1 !3K1 f'\>~arch 10, 2009 Page 1 of 15 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners authorizes staff to proceed with advertising a proposed Ordinance amending Ordinance No. 2007-74, the Collier County Convenience Business Security Ordinance. OBJECTIVE: That the Board of County Commissioners ("Board") authorizes staff to proceed with advertising the attached Ordinance amending Ordinance No. 2007-74, the Collier County Convenience Business Security Ordinance, as codified in Chapter 26, Article VI, of the Collier County Code of Laws and Ordinances. CONSIDERA TIONS: On November 27, 2007, the Board adopted Ordinance No. 2007- 74, the Collier County Convenience Business Security Ordinance. The Ordinance authorizes Sheriff's Office personnel to locally enforce the provisions of Florida's "Convenience Business Security Act," which requires specificd security mcasurcs rcgarding convenience store businesses and required training of convenience store retail employees. Similar ordinances have been adopted in many Florida counties and municipalities. The Sheriffs Office has rcquested that the Board amend Ordinance No. 2007-74 in order to include the provisions of Florida Administrative Rule 2A-5.005, Minimum Safety Standards for Convenience Businesscs. ~.- FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposcd Ordinance was prcpared by the County Attorney and is sufficient for Board's consideration. The proposed amendments were also approved by the Sheriff's legal staff. Weare requesting authorization to proceed with advertising the proposed Ordinance for future consideration and adoption by thc Board, This is a regular agenda item requiring simple majority vote. -JAK RECOMMENDATION: That the Board of County Commissioners authorize staff to proceed with advertising the attached Ordinancc amcnding Ordinancc No, 2007-74, the Collier County Convenience Busincss Secmity Ordinance, as codificd in Chapter 26, Article VI, of the Collier County Code of Laws and Ordinanccs. PREPARED BY: Jeffrey A. Klatzkow, County Allomey, on behalf of Commander Mike Williams, Collier County Sheriffs Office Page 1 of 1 It"m No. '''1<1 Marc:h 10" 2009 P2:Jt;2 ')f 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K1 Item Summary: Recommendation that the Board of County Commissioners authorizes staff to proceed with advertising a proposed Ordinance amending OI"din8nCe No 2007.74, the Collier County Convenience Business Security Ordinance. 3/10/20099:00:00 AM Meeting Date: Prepared By Jeff Ktatzkow Assistant County Attorney Date County Attorney County Attorney Office 2/24/20092:21 :33 PM Apprond By Jeff Ktatzkow Assistant County Attorney Date County Attorney County Attorney Office 2/25/20093:31 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 2/27/20099:50 AM Apprm'ed By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 2/27/2Q09 1 :45 PM Apprond By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2.'27f2Q09 6:09 PM +"';]",.llr.\ to. "",...,,-t..,TL>d\ ~"'r'lr\M\ 1"1, t..A",."hO/_')(\l (\ 0/_ ')(\"1n(\o\ 1 t:. 01_ '1(\rnldC'Cl\lTO/_ ')(\ ^ r..Cl..ln. ^ \ 1 '::! IA!')/l/lO ,6,'lE:ncia :tsm i~o" i6K 1 " i\ lacch 10. 2009 Page 3 of:5 ORDINANCE NO. 2009- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2007-74, THE COLLIER COUNTY CONVENIENCE BUSINESS SECURITY ORDINANCE, BY AMENDING SECTION THREE, CONVENIENCE BUSINESS SECURITY REQUIREMENTS, TO INCLUDE THE MINIMUM SAFETY STANDARDS FOR CONVENIENCE BUSINESSES SET FORTH IN FLORIDA ADMINISTRATIVE RULE 2A-5.005; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 27, 2007. the Board of County Commissioners adopted Ordinance No. 2007-74. the Collier County Convenience Business Security Ordinance; and WHEREAS. in keeping with a request by the Collier County Sheriffs Office, the Board of County Commissioners desires to amend Ordinance No. 2007-74 by amending Section Three, Convenience Business Security Requirements, to include the provisions set forth in Florida Administrative Rule 2A-5.005. Minimum Safety Standards for Convenience Businesses. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. AMENDMENT TO SECTION THREE OF COLLIER COUNTY ORDINANCE NO. 2007-74. Section Three is hereby amended to include the provIsions set forth in Florida Administrative Rule 2A-5.005. Minimum Safety Standards for Convenience Businesses, as follows: SECTION THREE: Convenience Business Security Requirements. (I) Each convenience business shall be equipped with the followim! securitv devices and standards: (a) A securitv camera system capable of recording and rerrieving a recognizable and identifiable image of an offender to assist individuals involved in an investigation, in a fomlat that can be enlarged and reproduced for distribution bv law enforcement agencies. If one camera is not sufficient, additional cameras must be Page 1 of6 \Vords undt:r1ined are added: V/ords :"trucL t1m:lu""lq arc deleted. Aoenda item No. 16K1 " March 10.2009 Page 4 of 15 installed to capture the image of an offender at all register locations in use. The camera svstem shall be: (i) Positioned to provide photographic coverage of all registers in use and to minimize tampering bv customers or offenders: (ii) Maintained on a routine basis to ensure that the camera system is working properlv at all times: (iii) Capable of continuous operation or activation bv a remote triggering device such as a concealed button or bill trap alarm: and (iv) Verification that the camera system is in proper working order in accordance with the standards listed above shall be maintained on the premises in the form of test photographs produced annuallv. The system shall be maintenanced no less than once every four months, documented on a maintenance log kept on the premises. (b) A drop safe or cash management device bolted to the floor, installed in the floor or counter. or which weighs at least five hundred pounds. and prevents the retail emplovee from accessing surplus cash receipts. (i) Drop safes or cash management devices must be installed and maintained as specified bv the manufacturer. (ii) Drop safes or cash management devices must offer protection against forced entrv, while providing a means for depositing currency. checks. coins and the like, contained in bags or envelopes, or directlv deposited into the bodv of the safe. (c) A lighted parking lot illuminated at an intensitv of at least 2 foot-candles per square foot at 18 inches above the surface. (d) A conspicuous notice at the entrance which states that the cash register contains $50 or less. (e) Window signage and window tinting must allow for a clear unobstructed view of the cash register and sales transaction area from inside or outside of the building and in a normal line of sight. The degree of window tinting shall allow for phvsical identification of all individuals in the sales transaction area from outside the building and in a normal line of sight at all times. Page 2 of6 Words underlined are added; Words .'true!: thT8b1g:1q are deleted. ,;\oenc~a i~em l'~o. 16~< 1 -' Marsh 10, 2009 Page 5 of 15 (f) Conspicuous hei[[ht markers with di[[its at least one inch m SIze at the inside entrance of the convcnience business. ([[) A written cash management policy that is kept on site, limits the cash on hand at all times after II p.m. and before 5 a.m.. and provides for: Ii) guidelines for deposits to be made on a regular basis. but at variable intervals to minimize offcnder activity resultin[[ from scheduled deposits or procedures for deposits picked UP by an armored car service: and Iii) an encouragement to drop cash in excess of $50 per register in the safe at all times after 11 p.m. and before 5 a.m. (h) Unless an exemption is [[ranted by the Office of the Attorney General under Section 812.173(3). F.S.. a silcnt alarm which activates a signal to a law enforcement or a private security a[[encv is required. Silent alarnls shall have a primarv and secondary power source. Silent alarms must be installed by a contractor licensed bv the Florida Electrical Contractors' Licensin[[ Board pursuant to the provisions of Chapter 489. F.S. Silent alanTIs shall be maintenanced regularly in accordance with the manufacturer's specifications and in proper workin[[ order at all times the business is open. Ii) If a murder. robberv. sexual batterv, aggravated assault. aggravated battcrv. kidnappin[[ or false in1Prisonment has occurred at a convenience business. the business must meet additional requirements under Section 812.173(4), F.S. (1) E':ery wH':eRieRce business shall be equipped witH tHe follov.iRg seeurit). devices and GtaRdards: (a) /. cecHrity camera sj'Gtem capable of recordiflg afld retricviflg afl image to assist in offender ideRtificatioB aHd apprehensioH. (b) i\ drop safe or cash mill1u;;emeRt dc,,'ice for restricted access to cash rswipts. (c) .^. ligHted parking lot illurniHated at aH iRtcnsity of at least t".'o CO) foot cafldles per square foot at eigflteen (I S) inCHes above the surface. (e1) /\ cOFl:;picHoHs notice at the entranec that states the caSH register cOFltaifls fifty dollars ($50) or less. (c) \l.'iFldow GigFlage tHat allows a clear, Hnobstructed '.'is'?: frORl oHtside the bHi1difl;;, ~:::::lJ;:~;;';; ;: :::l:::;:.~: ~i:~::: .:~' ::;~.;l:t of :112 za:;h r0.;ister i:iiid the Ja10s trans&2tion an~a. Page 3 of6 \\lords underlined are added; \\l(nds .{FUel: throlcl.;h arc deleted. Agenda Item ~Jo. 16K 1 ~Aarch "r CL 2009 Page 6 of 15 (I) Heibat markers at tile eatrance of tae coayenieace EHlsiaess taat dislllay aeibht measocemeats of indiyidtlals Viao eater tlle iaterior tlLotlba the eatraace. (;) .^. casa maaabemellt Ilolicy to limit tae casa Oil aaad at all times after II :00 Il.m. (2) !. soaveaiease bmiaess shall BOt have '.villdov.' tiatillb taat redtlces exterior or illterior view ia a aormalliae of sibal. (3) E\'ery cOIweaiease bHsiaess shall be eqtliplled with a ~;ileat alann to law cafereemellt or a printe seemity abcflcy, lffiless alllllication for aa cJ(eHlj3tioa is made to and ;raatea by Florida's !.ttorney Geaera!. .^J1 ilj'llllicatisll for e1temlltioa mUDt be is writiab aad mtlst SC accompanied by aa admiaistrati\'e fee oft'.vcaty five dollars ($"5) for aaca store for 'oYaica tae eJ(elRlltion wOtlld awlr. (4) If a mtlrdcr, rosbery, se)lklal battery, a;bra',ated assault, a;gravated battery, kidailj'lllia; or false imllrisonment, as taose erimes are the ideatified aad thcn dafifled sy Florida Statutes, OCCHrs or aag ocsHned at a con\'enieflce busilwss after JHly I, 1989, aaa arises Otlt of tile olleratioa of tae com'enieflce btlsifless, SHch coaveaieBee busiBess saall implement at leaot OBe (1) of the follm':illg e)ltra semrit)' meaSBres: (a) PfG\'ide at least t....'o CO) employees Oil tae premises at all times after I] :00 p.m. aad Batil 5:00 a.m.; (b) lastall for lise by ealployees at all times after II :00 p.m. alld Bati! 5 :00 a.m., a secHred safety ellclosBre of trancllareBt polyearsollate or otaer material that meets at least OBe (1) of tae followiag miaimum standards: (i) Amsricaa Society for Testiag aad Materials Standard D3935 (elassification PCIIO B 3 Og00700), has a taiclmsss of at least 0.375 iaehes, atld has aB imp3ct streB;;ta of at leaDt t','o'O atlndred (200) foot pOtlads; or (ii) UBdarwriters Laboratory gtalldard UL 752 for meditlfll !Javo'er small a;-ms (le'o's! oBe) BHllet ResistiBg Eqllipment; (e) Pro'o'ids a security guard OB tile premises at all times after 11 :00 Il.m. atld HBtil 5:00 a.m.; (d) Lock tas bli5illsss premises taroubaout the aOHrs frem 11 :00 p.m. lffitil 5 :00 a.m., and trallsact bUGir1ess oBly thmuga aB indirect pass through trough, trapdoor, or ,,\ iFldow; ur Page 4 of6 \Vords underlined are added; 'Words .'flUel: threlol;h are deleted. Item r'~o. ': 6K 1 rv~arch 10. 2,J09 Page 7 ~)f -: 5 (e) Close the [,,"silless at all times after 11 :00 p.m. and antil5:00 a.m. (5) For palfloses oftBis Section, any COB' eBieRce busiBess tBat by lay; lias then implemeBtod aBY oftBe eKtra secmity measares set fortB iB paragraflflS (1)(a) (e), &beve, aBd lias maiBtained such e:ctra measares y;itlioat aRY occan-once or incidellce of any' of tl.e crimes ideRtified by Subsection (1), &bo'o'e, for a f'criod of at least t...o'eBty four (21) montBs immediately f'recediRg tlie filiB::; of a notice of eJeemf'tion, may file witB a CEl emf'loyed by tlie CCSO, a Rotice of e:eemptioR from tBe metra sewrity measares. In BO e'o'eRt shall tBis exemptioR be iRterpreted to preclude full comjlliaflce witli tlie security moasaros set fortli iR SBbsection (1), &boye, sliould aflY OCelllTeBee or iRcidellce of any crimes identified by SHbsection (1), above, caBse that SBbsection to agaiR become applicable. wm For the mutual convenience of the business and each investigating officer, each convenience business is encouraged to maintain and have readily available in the transaction area a red three ring binder ("Red Book") to include the following items: (a) Inspection Log, maintained for the immediate past two (2) years' inspections, including the inspection results; (b) A copy of the business' then current local Business Tax Receipt (formerly called an Occupational License); (c) An annual test photograph taken by the security camera system and that shows an identifiable image (to assist in offender identification and apprehension); (d) A Maintenance Log of the security camera system that verifies the maintenance perfom1ed not less than once every four (4) consecutive months. Upon request, the CCSO will provide the requestor an example Camera Test and Maintenance Log; (e) The convenience business' writtcn cash management policy that limits cash on hand at all times from 11 :00 p.m. until 5:00 a.m. Upon request, the CCSO will provide the requestor a copy of the CCSO's example Cash Management Policy; (f) Documented proof that conlirms the training (specified below) has been provided to and leamed by each retail employee within sixty (60) days of the initial employment of each such retail employee, including date(s) of such training for each such employee: and Page 5 off) \\lords underlined are added; Words ,;tl1Jc]; throu;h are deleted. A,genua !tsm !\Jo. H31<1 r,,1arch 10. 2009 F>age 3=-)f .15 (g) A copy of the then current Florida's Convenience Business Security Act (currently Sections 812.1701 through 812.176, Florida Statutes). SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of compctent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of (he remaining portion. SECTION FOUR: EFFECTIVE DATE This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~day of ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Page 6 of6 Words underlined arc added; \Vords stJUcl~ tho.!;;h are deleted. ,;::..cenca It9ill [--10. 16r.,1 ~ f\1arch i O. 2J09 Par;;e ~~ of : 5 2A-5.005 Minimum Safety Standards for Convenience Businesses. Each convenience business shall be equipped with the following security devices and standards: (1) A security camera system capable of recording and retrieving a recognizable and identifiable image of an offender to assist individuals involved in an investigation, in a format that can be enlarged and reproduced for distribution by law enforcement agencies. lf one camera is not sufficient, additional cameras must be installed to capture the image of an offender at all register locations in use. The camera system shall be: (a) Positioned to provide photographic coverage of all registers in use and to minimize tampering by customers or offenders; (b) Maintained on a routine basis to ensure that the camera system is working properly at all times; (c) Capable of continuous operation or activation by a remote triggering device such as a concealed button or bill trap alarm; and (d) Verification that the camera system is in proper working order in accordance with the standards listed above shall be maintained on the premises in the form of test photographs produced annually. The system shall be maintenanced no less than once every four months, documented on a maintenance log kept on the premises. (2) A drop safe or cash management device bolted to the floor, installed in the floor or counter, or which weighs at least five hundred pounds, and prevents the retail employee from accessing surplus cash receipts. (a) Drop safes or cash management devices must be installed and maintained as specified by the manufacturer. (b) Drop safes or cash management devices must offer protection against forced cntlY, while providing a means for depositing cUlTency, checks, coins and the llke, contained in bags or envelopes, or directly deposited into the body of the safe. (3) A lighted parking Jot 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 \vhich states that the cash register contains $50 or less. (5) \Vindow signage and ""indo\'.' tinting mllst allow for a clear unobstructed vie\v of the cash register and sales transaction area from inside or outside of the building and in a n0ll11al line of sight. The degree of windovv tinting shall allow for physical identification of all individuals in the sales transaction area from outside the building and in a n0ll11alline of sight at all times. (6) Conspicuous height markers with digits at least one inch in size at the inside entrance of the convenience business. (7) A written cash management policy that is kept on site, limits the cash on hand at all times after 11 p.m. and before 5 a.111., and provides for: (a) guidelines for deposits to be made on a regular basis, but at variable intervals to minimize offender activity resulting from scheduled deposit<;; or procedures for deposits picked up by an arn10red car service; and (b) an encouragement to drop cash in excess of $5U per register in the safe at all times after II p.m. and before 5 a.m. (8) Unless an exemption is granted by the Office of the Attorney General under Section 812.173(3). F.S., a silent alarm which activates a signal to a lav.' enforcement or a private security agency is required. Silent alall11s shall have a primal)' and secondary power source. Silent alaJl11s must be installed by a contractor licensed by the r10rida Electrical Contractors' Licensing Board pursuant to the provisions of Chapter 489, F.S. Silent alanns shall be maintenanced regularly in accordance with the manufacturer"s specifications and in proper v.iOrking order at all times the business is open. (9) Ifa murder, robbery, sexual battery, aggravated assault, aggravated battc!)', kidnaping or false imprisonment has occurred at a convenience business, the business must meet additional requirements under Section 812.173(4), F.S. Specific Awhoriry 812.176 FS Law llIlplemclJ{cd 81:!. I 73 FS His!OIy-A'el1' 4-:!0-93. Joill! Adminisrrath.c Procedurcs Committee Ohjecliol1 Filed- See FA rI'" l'o/. 19, ;Vo. 48, December 3. 1993, Amended :'.-:;4-94,6-:;5-96, 4-:!8-9X. , ~,o,\'\ 'IZ'3 T4' /0'''' ,. ;,,".. c'd': ''0 P'JiO ...\ i", i\- ,~ . ~\.~~~ ,;, ,- \. ~~,} ORDINANCE NO. 2007.74 , ";'2~" -\N~INANCE OF COLLIER COUNTY, FLORIDA, CALLED THE COLJ;JER <-=.::. ~TY CONVENIENCE BUSINESS SECURITY ORDINANCE, PROVIDING DEFINITIONS; SPECIFYING CONVENIENCE BUSINESS SECURiTY REQUIREMENTS; REQUIREMENTS TO TRAIN RETAIL EMPLOYE;!;S; ENFORCEMENT AND CIVIL FINES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODe OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE, Agenda Item "'lo. 16K 1 March 10. 2009 Page 10 of 15 WHEREAS, Section 812,1725, Florida Statutes, authorizes Florida oounties to adopt an ordinance regarding oonvenlence business seourity provided the ordinance does not drffer from Section 612,173, Florida Statutes, ("Convenlenoe Business Seourity Maasures") and Section 612.174, Florida Statutes, ("Training of Retail Employees"); and WHEREAS, the Collier County Sheriff's Office is recommending that this Ordinance be adopted to authorize looal enforcement of Florida's 'Convenience Business Security Aof (Sections 812.1701 through 812.175, Florida Statutes); and WHEREAS, thie Ordinance complies with Florida's "Convenience Business Security Act;" and WHEREAS, tha Collier County Board of County Commissioners agrees with lhe Collier County Sheriff's Offioe recommendation that it w~1 be in the best interests of retail employees of convenience businesses in Collier County that Florida's Convenience Business Seourity Act be enforced throughout Collier County pursuentto this Ordinance, NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA thaI a new Article VI in Chapter 26 of the Code of Laws and Ordinances of Collier County is hereby created to read as follows; SECTION ONE. TITLE. This Ordinance is and may be orted as the .Collier County Convenience Business Saourity Ordinance," SECTION TWO: DEFINITIONS, . Convenience business" maans any place of business that is primarily engaged in the retail sale at groceries, or both groceries and gasoline, and that is open for business at any time between the houlS of 11 ;00 p.m, and 5;00 a.m. The term "Convenience Business" does not include: (a) A businass that is solely or primarily a restaurant. (b) A business thaI always has at least five (5) employees on the premises after 11 :00 p,m. and before 5;00 a.m. (c) A business that has atleasl10,000 SQuare feet ot retail floor space. . P,oenda Item r'~o. 16K 1 ~ March 10. 2009 Page 11 of 15 (d) A busines& in which the owners or members of the owner's family work in the respective business premises between the hou", of 11 :00 p,m. and 5:00 a.m. "CCSO' means the Collier County Sheriff's Office. "cal" means any individuel employed by the CCSO who has been certified as a "Convenience Business Inspector.~ "Retail Employee" means an employee of e convenience business who in the course of such employment can be exposed to assault, bodily injury or death from any individual in a convenience business premises at any time. SECTION THREE: Convenience Business Security Requirements, (1) Every convenience business shall be equipped with the following security devices and standards: (a) A security camera system capable of recording and retneving an imege to assist in offender identification and apprehension. (b) A drop safe or cash management device for restricted access to cash receipts. (c) A lighted panting lot illuminated at an intensity of at least two (2) foot- candles per square foot at eighteen (18) inches above the surface, (d) A conspicuous notice at the entrance that states the cash register contains fifty dollars ($50) or less (e) Window signage that allows a clear, unobstructed view from outSide the building, including a clear line of sight of the cash register and the sales transaction area, (I) Height markers at the entrance of the convenience business that display height measurements of individuals who enter the inlerior through the enlrance. (g) A cash management policy to limit the cash on hand at all times after 11 ;00 p.m. (2) A convenience business shall not have window tinting that reduces exterior or interior view in a nOlTTlalline of sight. (3) Every convenience business shall be equipped with a silent alalTTl to law enforcement or a private security agency, unless application for an exemption is made to and granted by Florida's Attorney General. An application for exemption must be in writing and must be accompanied by an administrative fee of twenly- fNe dollars ($25) for each store for which the exemption would apply, {4) If a murder, robbery, sexual battery, aggravated assault, aggravated battery, kidnapping or false imprisonment, as those crimes are the identified and then defined by Florida Statutes, occurs or has occurred at a convenience business after July 1, 1 ~B9, and arises out of the opeiiition of the convenience business, such convenience business shall implement at teast one (1) of the follOWing extra security measures: (a) Provide at least two (2) employees on the premises at alltim..s after 11 :00 p.m, and until 5:00 am.; 2 ~ (b) Install lor use by employees at all times alter 11 :00 p.m. and until 5.00 a.m.. a secured safety enclosure of Iransparent polycarbonate or other material that meets at least one (1) 01 the lollowing minimum standards: (i) American Society lor Testing and Materials Standerd 03935 (classification PC110 B 3 0800700), has a thickness of at least 0.375 inotles, and has an impact strength of at least two hundred (200) loot pounds; or (ii) Underwriters Laboratory Standard UL 752 lor medium power small arms (level one) Bullet Resisting Equipment; (c) Provide a security guard on th.. premises al all times after 11 :00 p.m. and until 5:00 a.m.: (d) Lock the business premises throughout the hours from 11 :00 p.m. until 5:00 a.m., and transact business only through an indirect pass-through trough, trapdoor, or window; or (e) Ciose the business at allllmes alter 11 :00 p.m. and until 5:00 a.m. (5) For purposes of this Section, any convenience business that by law has then implemented any of the extra security measures set forth in paragraphs (4 )(a)- (e), above, and has maintained such extra measures without any occurrence or incidence of any 01 the crimes identified by Subsection (4), above, lor a period of at ieast twenty-lour (24) months Immediately preceding the filing 01 a notice of exemption, may file with a CBI employed by the CCSO. a notice of exemption Irom the extra security measures. In no event shall this exemption be interpreted to preclude lull compiiance with the security measures set lorth in Subsection (4), above, should any occ:urrence or incidence 01 any crimes identified by Subsection (4), above, cause that Subsection to again become applicable. (6) For the mutual convenience 01 the business and each investigating officer, each convenience business is encouraged to maintain and have readily available in the transaction area a red three ring binder ("Red Book") to include the lollowing items: (a) Inspection Log, maintained lor the immediate past two (2) years' inspections, including the inspection results; (b) A copy of the business' then current local Business Tax Receipt (Iormerty called an Occupational License); (c) An annual test photograph taken by the security camera system and that shows an identifiable Image (to assist in offender identification and apprehension); (d) A Maintenance Log of th.. security camera system that verif18s the maintenance performed not less than once every four (4) consecutive months. Upon request, the CCSO will provide the requestor an example Camera Test and Maintenance Log; (e) The convenience business' written cash management policy that limits cash on hand at all times from 11:00 p.m. until 5:00 a.m. Upon request, the CCSO will provide the requestor a copy 01 the CCSO's example Cash Management Policy; 3 Agenda Item ~jo. 16K 1 March 10. 2009 Page 12 of 15 . l-,;'J'3nda item No. 16K 1 ~ MEitch 10, 20D9 Page 13 of 15 (f) Documented proof that confinns the training (specified below) hes been provided to and learned by each retail employee within sixty (60) days of the initial employment of each such retail employee, including date(s) of such training for each such empioyee; and (g) A copy of the then current Florida's Convenience Business Security Act (currently Sections 812,1701 through 812,176, Florida Statutes), SECTION FOUR: Required Training for all Convenience Business' Retail Employees, The owner or principal operator of each convenlence business, applied to each premises of the retail convenience business, shall provide to each ratail employee a proper robbery deterrence and safety training by Florida Attomey General approved curriculum within sixty (60) days of the date of such employee's iMial employmenl Upon request. the CCSO will provide a copy of an example document titled "Robbery Prevention and Awareness Training Handbook" that specifies a training program that has many times been "approved" by the Attorney General. The convenience businass' original training curricuium shall be submitted In writing to the Attomey General and shall ba re- submitted biennially to the Attorney General tor re-approval, The application fee shall be as then specified in Section 812,174. Florida Statutes. or its successor, seCTION FIVE: Enforcement; Civil fines, (1) Any certified Convanience Business Inspector ("CBI") employed by lhe Collier County Sheriff's Office (CCSO) is authorized by this Ordinance to investigate any alleged violation of this Ordinance. Violation of any provision of this Ordinance by any owner or principal operator of a convenience business shall result In a notiea of violation from such CBI. The noticed violator shall have thirty (30) days after receipt of such notice to proVIde proof to the CBI that the violator hes complied with all requirements stated in such notlea, If the Violation continues efter that thirty (30) dey period. the CBI may refer the case to Collier County Code Enforcement for enforcement. The Director of Code Enforcement. or the assigned Code Enforcement Special Mester. if applicable. mey suspend imposition of eny fine in his/her discretion up until an order imposing a fine has been issued. After an order imposing e fine has been issued. fine reductions shall be controlled by Chapter 162. Florida Statu/as, and applicable Collier County Ordinances, No such notice. fine. or fine reduction, shall be subject to any provision of Chapter 120. Florida Statutes, (2) The CCSO or Collier County's Code Enforcement Department perllonnel shali have full power and authority to petition a court of law for an injunction If It is detennined by the CBI. the Director of Code Enforcement. or by the Code Enforcement Special Mester, if applicable, that the heelth, safety. or public welfare is threatened by continued operation of a convenience business in 4 , j\genda item ~'-lo. 16K 1 March 10. 20[19 Pa.g8 14 of 15 violation of this Ordinance, In any action for such an injunction, the petttloner may seek a civil penalty not to exceed fIVe thousand dollars ($ 5,000) per violation, plus attomey's fees and costs, SECTION SIX: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall appiy. If any phrase or portion of this Ordinance is held Invalid or unconstttutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such hoiding shall not affact the validity of the remaining portions. SECTION SEVEN, INCLUSION IN THE CODE OF LAWS AND ORDINANCES, This Ordinance shan be made a part of the Code of Laws and Ordinances of Collier County, Florida, The sections of the Ordinance may be renumbered or relettered to accomplish that resuR, and the word "Ordinance" may be changed to "Section," "Article" or any other appropriate word, SECTION EIGHT. EFFECTIVE DATE, This Ordinance shall be effective upon fiiing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this .27thday of November, 2007, ATIEST;' Dwight E. Bro~, CI~rI< BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B;,717.1f4 .' .".,;tD~~ il"ll..ti.....'iolHl.. By: '7~ ,;;~ ,if:H: ::~~~s to fn j~~)e9a~uffiCiency ~ Assistant County Attorney 5 ThiiS ordinance fiic;rl V< ~;(~: ~: 12f;:s~(~i~~:t- end ockrloWled~I'!r:', r.t t.." , ,,'~~t~~ of ~ 'h::: ~.,;:;r,....1o . item r-,JD. 16K 1 r\'~arch 10,2009 Peg8 15:)f 'i5 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-74 Which was adopted by the Board of County Commissioners on the 27th day of November, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of November, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County .--, ,". " ~: