As used in this Article, the following terms shall have the
meanings indicated:
CONVENIENCE BUSINESS
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:
a.
A business that is solely or primarily a restaurant;
b.
A business that has at least ten thousand square feet of retail
floor space; or
c.
A business which is owned by a person who owns a business at
no other location.
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preempted and superseded by state statute.
[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.