Sec. 26-91. - Title and citation.

This article shall be known and may be cited as the "Collier County Convenience Store Security Ordinance."

(Ord. No. 91-4, § 1)

Sec. 26-92. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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 hours 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 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 store between the hours of 10:00 p.m. and 5:00 a.m.

Employee means the person legally responsible for the day-to-day operation of the convenience store.

Owner means the person having possession of the premises upon which the convenience store is operated.

(Ord. No. 91-4, § 3)

Cross reference— Definitions generally, § 1-2.

Sec. 26-93. - Penalties.

(a)

Failure to comply with this article shall be brought before the county code enforcement board established pursuant to the authority of F.S. ch. 162. All proceedings before said board shall be governed by chapter 2, article VIII, division 11 of this Code. Upon its determination of noncompliance, said board shall impose penalties against the owner or principle operator pursuant to the following noncompliance fee schedule adopted hereby:

(1)

If noncompliance is corrected within ten days after the determination of noncompliance, no fee shall be assessed.

(2)

Noncompliance for days 11—20, $250.00 per day shall be assessed for each day violation continues.

(3)

Noncompliance for days 21—25, $500.00 per day shall be assessed for each day violation continues.

(b)

Any owner or principle operator of a convenience store who willfully and deliberately violates the requirements of this article or who deliberately fails to initially implement the requirements of this article shall be required to pay to the county, upon complaint filed by the county, a civil fine of up to $5,000.00.

(Ord. No. 91-4, § 5)

Sec. 26-94. - Applicability.

This article shall apply to and be enforced in all unincorporated areas of the county.

(Ord. No. 91-4, § 2)

Sec. 26-95. - Security requirements.

All convenience stores shall:

(1)

Be equipped with the following security devices:

a.

A silent alarm that notifies local law enforcement or a private security agency that a robbery is taking place.

b.

A security camera system capable of retrieving an image to assist in the identification and apprehension of a robber.

c.

A drop safe or cash management device that provides minimum access to the facilities cash receipts.

(2)

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 verifying that the convenience store is in compliance with this requirement.

(3)

Post a conspicuous sign in the convenience store entrance which states that the cash register contains $50.00 or less.

(4)

Maintain window signage so that there is a clear and unobstructed view of the cash register and transaction area.

(5)

Prohibit window tinting on the windows of the establishment if such window tinting reduces exterior or interior viewing during the hours of operation to which this article is applicable.

(6)

Install height markers at the entrance of the establishment which display height measures from the floor.

(7)

Establish a cash management policy to limit the amount of available cash on hand between the hours of 9:00 p.m. and 6:00 a.m.

(8)

No later than June 30, 1991, the owner or principle operator of a convenience store shall provide proper 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 in writing to the Florida Attorney General as required under F.S. § 812.174.

(Ord. No. 91-4)

Secs. 26-96—26-150. - Reserved.