As used in this Article, the following terms shall have the
meanings indicated:
Any place of business that is primarily engaged in the retail
sale of groceries, or both groceries and gasoline, and 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:
A political subdivision of this state may not adopt, for convenience
businesses, security standards which differ from those contained in
sections 407.980 to 407.987 and all such differing standards are hereby
preempted and superseded by state statute.
A.Â
Prior to January 1, 1997, for the protection of employees and the
consumer public at late-night convenience businesses, every operator
of a convenience business shall ensure that such operator's convenience
business is equipped with the following:
1.Â
A bullet-resistant glass enclosure or security camera system
capable of recording and retrieving an image to assist law enforcement
officials in the identification and apprehension of a criminal offender
and by January 1, 1998; such system shall have at least one camera
focused on the cash register area;
2.Â
A drop safe or cash-management device for restricted access
to cash receipts;
3.Â
Lighting for parking areas and entrances at an intensity to
provide clear visibility under normal conditions, which can be satisfied
by canopy lighting within ten (10) feet of the building;
4.Â
A conspicuous notice at the entrance which states that the cash
register contains limited funds;
5.Â
Height markers at the entrance of the convenience business which
display height measures; and
6.Â
A cash management policy to limit the cash on hand at all times
after 11:00 P.M. and before 5:00 A.M.
B.Â
Prior
to January 1, 1998, for the protection of employees and the consumer
public at late-night convenience businesses, every operator of a convenience
business shall ensure that such operator's convenience business is
equipped with the following:
C.Â
After
January 1, 1997, for the protection of employees and the consumer
public at late-night convenience businesses, every operator of a convenience
business shall ensure that:
D.Â
For
the purposes of Sections 407.980 to 407.990, "operator" means any
individual proprietor or business entity responsible for the day-to-day
operation of the convenience business.
[Ord. No. 213 §4, 3-2-1998]
Any owner of a convenience business may apply to the Board of
Aldermen for exemption from the provisions of this Article, if that
owner has undertaken alternate security measures which are substantially
equal to, or more effective than, the security measures set forth
in this Article. The owner shall submit such alternate measures proposed,
in writing, to the Chief of Police, who shall then investigate the
proposal and the Chief of Police shall then make his/her recommendation
to either approve or deny the proposal. The decision by the Board
of Aldermen shall be final, except to such extent the same may be
changed by judicial review.
[Ord. No. 213 §5, 3-2-1998]
Alternate security measures may include: an armed security guard
on the premises at all times the convenience business is open to the
public; and a working system that signals a problem to a manned monitoring
area away from the convenience business. These alternate measures
are not meant to replace the requirement for the video security system.
[Ord. No. 213 §6, 3-2-1998]
Any person, firm or corporation violating any provision, section
or paragraph of this Article shall be guilty of an infraction, and
upon conviction thereof, shall be subject to a fine of not more than
five hundred dollars ($500.00). Each day a violation occurs shall
constitute a separate offense.