[Ord. No. 4750, 7-16-2018]
This Article is enacted to reduce the potential for situations where employees of certain hotels, motels, convenience stores, tobacconists, and retail stores are exposed to potential death and/or injuries because of actions of people with criminal intent, and to assist in criminal offender identification, apprehension, and prosecution by retrieving an image and/or video.
[Ord. No. 4750, 7-16-2018]
The following definitions shall apply in the interpretation and enforcement of this Article:
CONVENIENCE STORE
A retail establishment, with or without fuel sales, that also sells prepackaged food items, package liquor, tobacco products, periodicals and tangible consumer goods, primarily for self-service by the consumer, including hot beverages, fountain beverages and pastries. Such businesses may also sell site-prepared food items.
HOTEL and MOTEL
As defined in Section 655.010 of this Code.
RETAIL
A place of business in which merchandise is sold primarily to ultimate consumers, with a tenant gross floor area greater than twelve thousand (12,000) square feet.
TOBACCONIST
As defined in Section 411.030(A)(5) of this Code.
VIDEO SURVEILLANCE SYSTEM or VSS
A continuous digital surveillance system including cameras, cabling and/or remotes, monitors, and digital video recorders that records in color with camera and lens. The system shall be capable of producing retrievable and identifiable images and video recording on media that can be enlarged through projection or other means and can be made a permanent record for use in criminal investigation.
[Ord. No. 4750, 7-16-2018]
A. 
Hotels, motels, convenience stores, tobacconists, and retail stores shall be equipped with a VSS capable of recording and retrieving an image to assist in offender identification, apprehension and prosecution. At a minimum, hotels, motels, convenience stores, tobacconists, and retail stores shall:
1. 
Have two (2) color digital high-resolution surveillance cameras inside the establishment. One (1) surveillance camera shall have an overview of the counter/register and the other surveillance camera shall have a view of the main entrance/exit area. The entrance/exit area surveillance camera shall provide a clear and identifiable full frame of the filmed individual's face. All cameras shall remain unobstructed by any display sign or other item.
2. 
Have two (2) digital high-resolution surveillance cameras outside the establishment. One (1) of the surveillance cameras shall have an overall view of the parking area with digital zoom capability.
3. 
The VSS shall show the correct date and time of the recordings.
4. 
Have a VSS operated at all times, including hours when the establishment is not opened for business.
5. 
Have the VSS maintained annually to ensure that the VSS is working properly at all times; verification of such maintenance, including test digital images produced when the VSS is installed or maintained, shall be retained on the premises and made available for periodic inspection by the Police Department during all hours in which the establishment is open.
6. 
Provide the Police Department with access to the VSS upon request in connection with a criminal investigation.
7. 
Have one (1) or more digital video recording devices used to record images from each surveillance camera at the establishment. Each recording device shall be kept in a secured location that is remote from the surveillance cameras. A library of the recorded digital images shall be maintained for not less than sixty (60) days.
8. 
Have posted at all public entrances and exits signs or decals indicating that surveillance cameras are in use.
[Ord. No. 4750, 7-16-2018]
All exterior areas of hotels, motels, convenience stores, tobacconists, and retail stores shall be lighted in accordance with Sections 407.010 and 407.060 of the Unified Development Code.[1]
[1]
Editor's Note: See Title IV of this Code.
[Ord. No. 4750, 7-16-2018]
Hotels, motels, convenience stores, tobacconists, and retail stores may apply to the Chief of Police, or their designee, for exemption from the provisions of this Article if they have undertaken alternate measures which are substantially equal to or more effective in preventing criminal activity and assisting in the apprehension of the perpetrator and for protecting employees. If the Chief or designee approves such alternative measures submitted by the establishment, then it shall not be required to comply with the provisions of this Article for as long as the approval of the Chief or designee is effective. If the application for exemption is denied by the Chief, the establishment may appeal to City Council for further review of the application for exemption and the decision of the City Council shall be final, except to such extent the same may be changed by judicial review.
[Ord. No. 4750, 7-16-2018]
All hotels, motels, convenience stores, tobacconists, and retail stores commencing operation from and after the effective date of this Article shall immediately comply with all the provisions herein upon opening its doors to the public. All hotels, motels, convenience stores, tobacconist, and retail stores in operation on a regular and continuous basis prior to the effective date of this Article shall comply with all provisions of this Article no later than July 1, 2019.
[Ord. No. 4750, 7-16-2018]
It is unlawful for any person, corporation, unincorporated association, firm, partnership, joint venture, or any other business organization or entity of any kind to violate any of the provisions of this Article, and conviction of such violation shall be punished by a fine of not more than two hundred dollars ($200.00). Each day any violation of this Article shall continue shall constitute a separate offense.