As used in this Article, the following terms shall have the meanings indicated:
- 1. 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:
- 2. 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differ from those contained in sections 407.980 to 407.987 and all such differing standards are hereby preempted and superseded by state statute.
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:
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;
A drop safe or cash-management device for restricted access to cash receipts;
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;
A conspicuous notice at the entrance which states that the cash register contains limited funds;
Height markers at the entrance of the convenience business which display height measures; and
A cash management policy to limit the cash on hand at all times after 11:00 P.M. and before 5:00 A.M.
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:
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:
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.