The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
means an establishment that is engaged primarily in check
cashing services or pay day loan advances, but provides little to
no other banking services.
includes basic food, beverage, tobacco products, household,
and/or pharmaceutical items.
means any business that is primarily engaged in the retail sales of convenience goods and classified by section 84-84 of this Code as food stores less than 5,000 square feet of retail floor space. This definition also includes any business that is primarily engaged in the retail sale of gasoline classified by section 84-84 of this Code. Convenience store does not include any business where there is no retail floor space accessible to the public.
means a cash management device where money can be deposited
without the depositor having access to the contents.
means any person who is employed in consideration of direct
or indirect monetary wages, commissions, or profits, any contract
employee, and any other person engaged in the operation of a convenience
store or check cashing business.
means markings to aid in estimating the height of suspects.
means the person designated by the owner to be responsible
for the daily operation of a convenience store or check cashing business.
means the chief of police or person he may designate to act
as the official primarily responsible for the administration of this
article.
means the person identified by the owner of a convenience
store in the registration filed pursuant to this article that is authorized
to receive on behalf of the owner any legal process and/or notice
required or provided for in this article.
means the training program promulgated by the police department
for convenience stores or check cashing businesses, or a nationally
recognized training program adopted by the police official.
(Ordinance 1862, § 2, 8-25-09)
(a)
It shall
be unlawful for any person to own or operate a convenience store or
check cashing business in the city that has not been registered as
required by this section. No fee shall be charged for the registration
required by this section.
(b)
The owner
of a convenience store or check cashing business shall register annually
by providing to the police official the following information:
(1)
The
name, telephone number, facsimile number, and business or residence
address of each owner; and if the owner is a corporation, whether
foreign or domestic, the name of the registered agent of the owner
and the telephone number and facsimile number and business or residence
address of the registered agent, which address information shall include
the street name and number, office or suite number if a business address,
and the city, state, and zip code;
(2)
The
nature and extent of the owner’s interest in the property; and
(3)
The
name telephone number, facsimile number, and business or residence
address, including street name and number, city, state and zip code,
of the current manager and, if the manager is other than an individual,
the name, title, telephone number, facsimile number, and business
or residence address, including street name and number, city, state
and zip code of the individual to be contacted for any purpose under
this article.
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The use of a public or private post office box or other similar
address shall not be sufficient for the purposes of complying with
this subsection.
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(c)
Any change of ownership of a convenience store or check cashing business including, but not limited to, the sale of the convenience store or check cashing business, or any ownership interest therein, shall require the purchaser or transferee to update the information provided for under subsection (b) of this section and to file the updated information with the police official within 30 days of the effective date of ownership change. The same requirement shall apply to any change relating to the owner’s registered agent and manager. A prior owner shall advise the police official that he no longer holds an ownership interest in the property.
(d)
No certificate
of occupancy shall be issued for a newly constructed or established
convenience store or check cashing business until the owner has complied
with the provisions of this article.
(e)
After
the owner of a convenience store complies with the provisions of this
section, the police official will provide to the convenience store
or check cashing business:
(1)
A
registration compliance decal which shall be displayed in a place
visible to the public at the entrance door to the convenience store
or check cashing business; and
(2)
A
registration statement, a true and correct copy of which shall be
posted in the convenience store or check cashing business at all times
in a conspicuous place accessible at all times to the public.
(f)
Compliance
with the requirements of this section shall be deemed to meet the
requirements of V.T.C.A., Local Government Code §§ 250.003
and 250.004.
(Ordinance 1862, § 2, 8-25-09)
(a)
All newly
hired employees, managers, and immediate supervisors of managers must
complete a safety training program within 90 days of employment. Employees,
managers, and immediate supervisors who are employed by a convenience
store or check cashing business on the effective date of this article
must complete a safety training program not later than 180 days following
the effective date of this article.
(b)
All persons
who complete the required safety training program shall sign a statement
indicating the date, time and place the safety training program was
completed. The owner shall keep the statements or copies of the statements
on file in the convenience store for at least two years and make them
available to the police official immediately upon request.
(Ordinance 1862, § 2, 8-25-09)
(a)
An owner
or operator of a convenience store or check cashing business shall
have height strips posted at all public exits.
(b)
An owner
or operator of a convenience store or check cashing business shall
secure, block, or mark off goods and inventory not available for sale
in such a manner that customers cannot purchase such items while the
establishment is open for business.
(Ordinance 1862, § 2, 8-25-09)
A convenience store or check cashing business shall maintain
an unobstructed line of site allowing a clear view of and from the
cash register and sales transaction area through all windows and public
access doors. Such windows and doors must be clear of all items that
would obstruct a clear view including, but not limited to, blinds,
tinting, signage, advertisements, shelving, and merchandise. Such
unobstructed line of sight must, at a minimum, create a three-foot
vertical strip of visibility starting no lower than three feet above
the ground and at a minimum extending to six feet above the ground.
(Ordinance 1862, § 2, 8-25-09)
(a)
A convenience store or check cashing business shall have a silent panic alarm in accordance with chapter 26, article II of this Code. This system shall, at a minimum, include a panic button located within reach of the cash register and out of view of the customer. Such panic button will generate an alarm signal indicating a hold up or other life threatening emergency requiring a police department response.
(b)
A convenience
store or check cashing business shall have posted at all public exits
and entrances signs or decals indicating that a security alarm is
in use.
(Ordinance 1862, § 2, 8-25-09)
(a)
A convenience
store or check cashing business shall have a drop safe on the premises
to keep the amount of cash available to employees to a minimum. A
drop safe must be bolted to the floor. A drop safe may have a time-delay
mechanism to allow small amount of change to be removed.
(b)
A convenience
store or check cashing business shall have a cash accountability policy
mandating the maximum amounts of cash that can be kept in cash registers.
(c)
A convenience
store or check cashing business shall have posted at all public exits
and entrances signs or decals indicating that employees cannot open
the safe and that employees have minimum cash on hand.
(Ordinance 1862, § 2, 8-25-09)
(a)
A convenience
store or check cashing business shall have a minimum of three color
digital high-resolution surveillance cameras. The cameras shall have
a minimum of 450 lines of resolution and a lux lower than 1. One camera
shall be placed to capture view of the face of the customer at the
service counter. Another camera shall be placed with the view of the
main entrance/exit area. The third camera shall be placed with an
exterior view of the parking lot.
(b)
The entrance/exit
area camera shall be placed to provide a clear and identifiable full
frame of the filmed individual’s face entering or leaving the
store.
(c)
The cameras
shall be functional and provide views unobstructed by inventory or
other matter, 24 hours a day, including when convenience store or
check cashing business is not open for business and shall display
the date and time of the recording.
(d)
The owner
shall provide the police department with digital color images in connection
with crime investigations upon request.
(e)
The owner
shall maintain a library of the recorded digital images for not less
than 30 days.
(f)
A convenience
store or check cashing business shall have posted at all public exits
and entrances signs or decals indicating that surveillance cameras
are in use.
(g)
Effective
February 23, 2016, all newly constructed or updated surveillance camera
systems shall be MP4 compatible for downloading.
(Ordinance 1862, § 2, 8-25-09; Ordinance 2102, § 1, 2-23-16)
Automated teller machines in convenience store or check cashing
business shall be securely bolted to the slab in four corners of the
machine, with bolts of a minimum size of one and one-half-inch diameter
and six inches deep in length.
(Ordinance 1862, § 2, 8-25-09)
This article shall apply as follows:
(a)
For
convenience stores or check cashing businesses, not currently in operation,
or not possessing a completed building permit application, on the
date of the passage of this article:
(b)
For
convenience stores or check cashing businesses, in operation, or with
a completed building permit application, on the date of the passage
of this article:
(1)
All employees, managers, and owners shall receive the training as required in section 60-3 not later than 180 days following the effective date of this article which shall be January 1, 2010.
(Ordinance 1862, § 2, 8-25-09)
Any person, firm or corporation violating any of the terms and provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in accordance with chapter 1, section 1-12, of this Code. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder.
(Ordinance 1862, § 3, 8-25-09)
