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2078 ORDINANCE NO. 2078 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CREATING CHAPTER 24 OF THE CODE OF ORDINANCES ENTITLED "CONVENIENCE FOOD STORES"; PROVIDING DEFINITIONS, ESTABLISHING REGULATIONS, ESTABLISHING SECURITY MEASURES INCLUDING TRAINING, NUMBER OF PERSONNEL TO BE ON DUTY AND LIGHTING REQUIREMENTS; ESTABLISHING A RIGHT OF ENTRY FOR INSPECTION; ESTABLISHING PENALTIES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the number of homicides and robberies at Convenience Food Stores exceeds the number of such incidents at other establishments between the hours of 8:00 p.m. and 6:00 a.m.; WHEREAS, such excess demonstrates a greater likelihood that such incidents will occur unless precautionary measures are taken at Convenience Food Stores; WHEREAS, the occurence of such incidents has resulted in the loss of life and loss of property and is contrary to the public health, safety and welfare of the employees and customers of Convenience Food Stores; ~EREAS, the Police Department of the City of Sanford has provided evidence that these regulations are necessary and provide essential requirements that will minimize or eliminate the excessive incidents of homicide and/or robbery at Convenience Food Stores. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORDA: SECTION l: Chapter 24, consisting of Sections 24-1 through 24-3 inclusive, is hereby created and added to the Code of Ordinances of the City of Sanford as follows: Chapter 24 - Convenience Food Stores Sec. 24-1. Definitions. The following terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) "Convenience Food Store" is a business establishment that: (1) derives 50% or more of its gross income from the sale of goods, merchandise, or other articles of value in their original containers and, (2) offers a limited quantity and variety of food, houseshold and sundry items and, (3) operates at any time during the hours of 8:00 p.m. and 6:00 a.m. and, (4) does not sell or have for sale prescription drug items. (b) "Owner" is the person, corporation, partnership, joint venture or other group enterprise having lawful possession of the premises upon which the Convience Food Store is operated. (c) "Employee" is the person, corporation, partnership, joint venturel or group enterprise legally responsible for the day- to-day operation of the Convenience Food Store. Sec. 24-2. Regulations. All Convenience Food Stores shall comply with the following regulations. (a) If open for business after 8:00 p.m., the Convenience Food Store must employ two persons who are continuously on duty on the premises from 8:00 p.m. until closing or 6:00 a.m. whichever event occurs first. (b) 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 Ordinance No. 2078 -2- street. (c) Locate the sales area so that the clerk and customer are fully visible from the street at the time of the sales transaction. (d) Post a conspicuous sign in the window which states that the cash register has $50.00 or less in it. (e) Have no more than $50.00 cash available and readily accessible to employees. (f) Maintain a drop-safe or time release safe at the Convenience Food Store which is bolted to the floor, or installed in the floor, or weighs at lease five hundred (500) pounds. (g) Post a conspicuous sign in the window which states there is a safe at the convenience store and it is not accessible to the employees. (h) The entire area of the parking lot utilized by customers of the Convenience Food Store must be lighted during all hours of darkness when employees and/or customers are on the premises aS follows: (1) Minimum average maintained illuminance must be two (2) foot candles or greater with a uniformity ratio (average to minimum) of no more than 5:1. (2) Additionally, all such lighting shall be in accordance with the applicable City lighing code requirements. (i) 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 Ordinance No. 2078 -3- 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. (j) Any owner or employee who works between the hours of 8:00 p.m. and 6:00 a.m. at a Convenience Food Store shall complete a course in Robbery Prevention to be given by the Sanford Police Department, or a program certified by the City Manager or his designee, within 30 days after he or she begins employment. Sec. 24-3. Penalties. (a) Violation of any of the above numbered sections is subject to punishment as provided in Section 1-8 of the Sanford Code of Ordinances. (b) The City of Sanford may obtain injunctive relief torestrain or prohibit violation of this Ordinance. (c) The occupational tax receipt for any establishment may be revoked by the City Manager or his designee upon proof of violation of this Ordinance. SECTION 2: If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiciton, then said holding shall in no way affect the validity of the remaining portions of this Ordinance No. 2078 -4- Ordinance. SECTION 3: All ordinances, or parts of ordinances, in conflict herewith are, to the extent of such conflict hereby repealed. SECTION4: That this ordinance shall become effective immediatel upo its passa e and adoption~X~ PASSED AND ADOPTED this II~. day Of L--dE~M~/~t~ , ~YOR ATTEST: Ordinance No. 2078 -5-