Sec. 26-251. - Title.

This article is and may be cited as the "Collier County Convenience Business Security Ordinance".

(Ord. No. 07-74, § 1)

Sec. 26-252. - Definitions.

CBI means any individual employed by the CCSO who has been certified as a "convenience business inspector".

CCSO means the Collier County Sheriff's Office.

Convenience business means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11:00 p.m. and 5:00 a.m. The term "convenience business" does not include:

(1)

A business that is solely or primarily a restaurant.

(2)

A business that always has at least five employees on the premises after 11:00 p.m. and before 5:00 a.m.

(3)

A business that has at least 10,000 square feet of retail floor space.

(4)

A business in which the owners or members of the owner's family work in the respective business premises between the hours of 11:00 p.m. and 5:00 a.m.

Retail employee means an employee of a 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.

(Ord. No. 07-74, § 2)

Sec. 26-253. - Convenience business security requirements.

(a)

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. If 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 500 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 entry, while providing a means for depositing currency, checks, coins and the like, contained in bags or envelopes, or directly deposited into the body of the safe.

(3)

A lighted parking lot illuminated at an intensity of at least two foot-candles per square foot at 18 inches above the surface.

(4)

A conspicuous notice at the entrance which states that the cash register contains $50.00 or less.

(5)

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 physical identification of all individuals in the sales transaction area from outside the building and in a normal line 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 11:00 p.m. and before 5:00 a.m. 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 deposits or procedures for deposits picked up by an armored car service; and

b.

An encouragement to drop cash in excess of $50.00 per register in the safe at all times after 11:00 p.m. and before 5:00 a.m.

(8)

Unless an exemption is granted by the Office of the Attorney General under F.S. § 812.173(3), a silent alarm which activates a signal to a law enforcement or a private security agency is required. Silent alarms shall have a primary and secondary power source. Silent alarms must be installed by a contractor licensed by the Florida Electrical Contractors' Licensing Board pursuant to the provisions of F.S. ch. 489. Silent alarms shall be maintenanced regularly in accordance with the manufacturer's specifications and in proper working order at all times the business is open.

(9)

If a murder, robbery, sexual battery, aggravated assault, aggravated battery, kidnapping or false imprisonment has occurred at a convenience business, the business must meet additional requirements under F.S. § 812.173(4).

(b)

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:

(1)

Inspection log, maintained for the immediate past two years' inspections, including the inspection results;

(2)

A copy of the business' then current local business tax receipt (formerly called an occupational license);

(3)

An annual test photograph taken by the security camera system and that shows an identifiable image (to assist in offender identification and apprehension);

(4)

A maintenance log of the security camera system that verifies the maintenance performed not less than once every four consecutive months. Upon request, the CCSO will provide the requestor an example camera test and maintenance log;

(5)

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 of the CCSO's example cash management policy;

(6)

Documented proof that confirms the training (specified below) has been provided to and learned by each retail employee within 60 days of the initial employment of each such retail employee, including date(s) of such training for each such employee; and

(7)

A copy of the then current Florida's Convenience Business Security Act (currently F.S. §§ 812.1701 through 812.176).

(Ord. No. 07-74, § 3; Ord. No. 2009-12, § 1)

Sec. 26-254. - Required training for all convenience business' retail employees.

The owner or principal operator of each convenience business, applied to each premises of the retail convenience business, shall provide to each retail employee a proper robbery deterrence and safety training by Florida Attorney General approved curriculum within 60 days of the date of such employee's initial employment. 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 business' original training curriculum shall be submitted in writing to the Attorney General and shall be resubmitted biennially to the Attorney General for reapproval. The application fee shall be as then specified in F.S. § 812.174, or its successor.

(Ord. No. 07-74, § 4)

Sec. 26-255. - Enforcement; civil fines.

(a)

Any certified convenience business inspector ("CBI") employed by the Collier County Sheriff's Office (CCSO) is authorized by this article to investigate any alleged violation of this article. Violation of any provision of this article by any owner or principal operator of a convenience business shall result in a notice of violation from such CBI. The noticed violator shall have 30 days after receipt of such notice to provide proof to the CBI that the violator has complied with all requirements stated in such notice. If the violation continues after that 30-day 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 master, if applicable, may suspend imposition of any fine in his/her discretion up until an order imposing a fine has been issued. After an order imposing a fine has been issued, fine reductions shall be controlled by F.S. ch. 162, and applicable Collier County ordinances. No such notice, fine, or fine reduction, shall be subject to any provision of F.S. ch. 120.

(b)

The CCSO or Collier County's Code Enforcement Department personnel shall have full power and authority to petition a court of law for an injunction if it is determined by the CBI, the director of code enforcement, or by the code enforcement special master, if applicable, that the health, safety, or public welfare is threatened by continued operation of a convenience business in violation of this article. In any action for such an injunction, the petitioner may seek a civil penalty not to exceed $5,000.00 per violation, plus attorney's fees and costs.

(Ord. No. 07-74, § 5)

Sec. 26-256. - Conflict and severability.

In the event this article conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this article is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions.

(Ord. No. 07-74, § 6)

Secs. 26-257—26-280. - Reserved.