[R.O. 2009 §12-1; Ord. No. 1003 §1, 11-28-2000; Ord. No. 1016 §1, 6-26-2001]
A.
Each
business establishment in the City shall have at least one (1) attendant
on duty in such establishment at all times that such establishment
is open for business. During the hours of 11:00 P.M. and 6:00 A.M.,
each business establishment shall have at least two (2) attendants
on duty. Such attendant(s) shall be twenty-one (21) years or more
of age.
B.
The attendant(s) referred to in Subsection (A) of this Section shall locate himself/herself in the area of the establishment where the customers ordinarily conduct their business in such establishment.
C.
Any
Police Officer of the City who finds a violation of this Section occurring
in his/her presence is empowered to close such establishment until
such time as such establishment complies with the provisions of this
Section.
D.
Notwithstanding
anything herein to the contrary, a business establishment may have
only one (1) attendant on duty during the hours of 11:00 P.M. and
6:00 A.M., provided that the City approves such practice as provided
herein.
1.
On request of each interested business, the Chief of Police, in consultation
with the Mayor, shall establish minimum requirements for the health
and safety of the attendant and the general public that may be appropriate
including, but not limited to, security cameras, lighting, security
glass, remote control locking mechanisms and a reliable emergency
communications system. Minimum requirements shall be uniform for businesses
similarly situated.
2.
The Chief, in consultation with the Mayor, shall submit a written
recommendation to the Board of Aldermen recommending either the approval
of the request, approval upon proof of compliance with minimum requirements
or disapproval. If the recommendation is for disapproval, the Board
need not act on the request. If the recommendation is for approval
or approval with modifications, the Board shall have thirty (30) days
to act upon the recommendation. Failure to act within such time shall
be deemed an approval of the request.
3.
If the request is approved, the Chief shall detail in writing all
minimum requirements applicable to the particular business and all
modifications necessary to comply with such requirements. If modifications
are necessary, the business shall not open during the prescribed time
until all such modifications have been completed to the Chief's satisfaction.
Said written requirements shall be provided to the business establishment
and the Chief shall maintain a copy thereof.
4.
Failure to comply with said requirements shall be grounds for immediate
closure of the business during the hours of 11:00 P.M. and 6:00 A.M.
until compliance is established as determined by the Chief of Police.
Any decision by the Chief to close the business as provided herein
shall be subject to an appeal to the Board of Aldermen. In such case
the Board shall hold a hearing, after notice to the business, wherein
the business shall be given the opportunity to be heard. The Board
may affirm, affirm with modifications or overrule the Chief's decision.
