[Ord. No. 905 §1, 7-20-2005]
A. 
Definitions. For the purposes of this Section, the following terms shall be deemed to have the meanings indicated below:
CONVENIENCE STORE BUSINESS
Any place of business that is primarily engaged in the retail sales of intoxicating liquor, groceries (including the sale of prepared foods) or both groceries and gasoline products.
RESTAURANT — DRIVE-IN/FAST-FOOD
A chain and/or franchise restaurant which may include, but not limited to, two (2) or more of the following characteristics:
1. 
The product is primarily intended for immediate consumption and is available upon short waiting time.
2. 
The product is prepared, packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold.
3. 
The facilities for on-premises consumption of food is insufficient for the volume of food sold.
4. 
The building floor area devoted to food preparation and serving is greater than the building floor area devoted to dining.
5. 
The restaurant is affiliated by agreement with two (2) or more similar restaurants by common ownership, common name, common product, common process and common building architecture.
B. 
Hours. Any business as defined in Subsection (A) shall be equipped with a functioning surveillance camera during all hours said business is open to the public.
C. 
Installation. Surveillance cameras shall be positioned so as to record on videotape the image of all persons entering the business and all persons approaching within five (5) feet of the cash register. If one (1) camera can be positioned so as to accomplish this requirement, only one (1) shall be necessary to meet the requirements of this Section. All proposed installations and positioning of a surveillance camera shall be submitted in advance to the Dardenne Prairie Code Enforcement Officer or his designee for determination and approval that the same meets the requirements set out in this Section.
D. 
Maintenance. Cameras shall be maintained in proper working order and positioned correctly at all times and shall be subject to inspection by the Code Enforcement Officer or designee.
E. 
Compliance. All businesses commencing operations from and after July 20, 2005, shall immediately comply with all of the provisions upon opening its doors to the public. All businesses in operation with the City limits of Dardenne Prairie (doors open to the public on a regular and continuous basis) prior to July 20, 2005, shall comply with all of the provisions of this Section by no later than January 1, 2006.
F. 
Alternate Security Measures. In addition to the use of an operating surveillance camera as provided in this Section, all convenience store businesses must provide at least one (1) alternate security measure which may include:
1. 
An armed security guard on the premises at all times the business is open to the public;
2. 
Two (2) or more employees on duty at all times the business is open to the public; or
3. 
A working system that signals a problem to a manned monitoring area away from the business.
G. 
Requirements For Surveillance Cameras.
1. 
The surveillance camera must be a color video camera that is of V.H.S. format only and must be operating during the hours listed below in paragraph (4). Businesses having black and white video at the time this Chapter is enacted are grandfathered. However, those cameras, when replaced, must be brought in compliance with the color standards.
2. 
The tape must be stored and not reused for fourteen (14) days in case it is needed for evidentiary purposes. The tape can then be reused, but not more than eighteen (18) times to prevent distortion.
3. 
The video camera must be positioned to record the image of all people who come within five (5) feet of the cash register. The camera should be positioned so that the person, not the employee, faces it.
4. 
The camera must be in constant use during all hours that the business is open to the public.
H. 
Additional Security Measures. Nothing in this Section prohibits any business from using additional cameras, alarms or other security measures. Nor does it prevent any business from using those measures more than the required hours.