The purpose of this article is to protect the health, safety,
and welfare of the citizens of the City by reducing the occurrence
of crime, preventing the escalation of crime, and increasing the successful
prosecution of crime that occurs in convenience stores in the City.
To this end, this article establishes a registration program for convenience
stores and provides requirements relating to surveillance camera systems,
video recording and storage systems, alarm systems, drop safes, security
signs, height markers, store visibility, and trespass affidavits.
(Ordinance 6331, sec. 1, adopted 7/21/09)
In this article:
means the owner of a convenience store who has applied for
a certificate of registration.
means the Building Official of the City or the Building Official’s
designee or authorized representative(s).
means a certificate of registration issued by the Building
Official under this article to the registrant of a convenience store.
means an establishment designed, intended, adapted or used
primarily to provide for consumer shopping of a brief duration, characterized
by a limited product mix (generally emphasizing prepared and snack
foods, beverages, tobacco products or gasoline/motor vehicle fuel),
close-in parking, and limited retail space of under 5,000 square feet.
means a cash management device in which money may be deposited
without the depositor having access to the contents.
means any person listed on the payroll of a convenience store
as an employee, whether part-time, full-time, permanent, or temporary.
The term does not include a person providing only janitorial or security
services to the convenience store.
means a measuring strip that is attached on or near the door
frame of doors used for ingress and egress to the convenience store
to aid in identifying the height of a person suspected of committing
a crime.
means the person designated in the application for the certificate
of registration filed under this article.
means the person or persons who hold title to, leases or
has a possessory interest in property for the purpose of operating
a convenience store.
means the person identified in the registration application
filed under this article who is authorized to receive on behalf of
the convenience store any legal process or notice required for or
provided for in this article.
means the owner of a convenience store who has been issued
a certificate of registration.
(Ordinance 6331, sec. 1, adopted 7/21/09)
(A)
It
shall be unlawful for any person to operate a convenience store in
the City that has not been issued a certificate of registration as
required by this section. No fee shall be charged for the registration
required by this section. A certificate of registration for a convenience
store is not transferable.
(B)
The
owner of a convenience store shall register by providing to the Building
Official the following information regarding the convenience store:
(1)
The name, telephone number, facsimile number and business or residence
address of the 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 each owner’s interest in the property;
if there is only one owner, the extent of the owner’s interest
is 100 percent; 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 relating to the convenience store. 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.
(4)
Any change of ownership of a convenience store, including, but not
limited to, the sale of the convenience store or any ownership interest
therein, shall require the purchaser or transferee to update the information
provided under subsection (B) of this section and to file the updated
information with the Building Official within 30 days of the effective
date of the 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 Building Official that he no longer
holds any ownership interest in the property.
(5)
The owner of a newly constructed or established convenience store
shall comply with the provisions of this section not later than the
thirtieth day following opening of the convenience store.
(6)
After a convenience store complies with the provisions of this section,
as determined by the Building Official, the Building Official will
provide to the convenience store:
(a)
A registration compliance decal which shall be displayed above a
public entrance door to the convenience store; and
(b)
A certificate of registration, a true and correct copy of which shall
be posted in the convenience store at all times in a conspicuous place
accessible at all times to the public.
(C)
If
the Building Official determines that the application is incomplete,
that the requirements of this section have not been met, or that the
application contains false statements as to a material matter, the
Building Official shall deny the certificate of registration and deliver
written notice to the applicant that the application is denied, including
in the notice the reasons for denying the application.
(Ordinance 6331, sec. 1, adopted 7/21/09)
(A)
Before
revoking a certificate of registration, the Building Official shall
deliver written notice to the registrant that the certificate of registration
is being considered for revocation. The notice must include the reason
for the proposed revocation, action the registrant must take to prevent
the revocation and a statement that the registrant has 10 days after
the date of delivery to comply with the notice.
(B)
If, after 10 days from the date the notice required in subsection (A) is delivered, the registrant has not complied with the notice, the Building Official shall revoke the certificate of registration and deliver written notice of the revocation to the registrant. The notice must include the reason for the revocation, the date the Building Official orders the revocation, and a statement informing the registrant of the right of appeal.
(Ordinance 6331, sec. 1, adopted 7/21/09; Ordinance 6952, sec. 4, adopted 1/16/18)
(A)
A certificate
of registration for a convenience store expires two years after the
date of issuance.
(Ordinance 6331, sec. 1, adopted 7/21/09)
The registrant or the person identified in section 26.157(B)(3), shall permit at reasonable times upon request, City officials to inspect the interior and exterior of the convenience store, including but not limited to surveillance camera systems, for the purpose of ensuring compliance with this article and other City ordinances and state and federal laws applicable to convenience stores. The applicant or registrant commits an offense if, either personally or through an agent or employee, the applicant or registrant refuses to permit a lawful inspection of the convenience store as required by this section.
(Ordinance 6331, sec. 1, adopted 7/21/09)
The owner of a convenience store may execute a trespass affidavit
as promulgated by the police department in order to enforce all applicable
trespass laws on the owner’s behalf at such property. A true
and correct copy of the trespass affidavit should be posted at the
convenience store at all times in a conspicuous place accessible at
all times to the public.
(Ordinance 6331, sec. 1, adopted 7/21/09)
(A)
If
the owner of a convenience store executes a trespass affidavit, the
owner may elect to post “no trespassing/loitering” notices,
provided by the City, in a prominent place on the front, sides, and
rear of the convenience store. The notice shall be in lettering two
inches or larger, in English and in Spanish, and contain the following
or similar language approved by the Building Official:
|
WARNING
NO TRESPASSING/LOITERING
|
|
THESE PREMISES ARE RESTRICTED TO CONVENIENCE STORE PATRONS
VIOLATORS ARE SUBJECT TO ARREST
|
(B)
A convenience
store shall have height strips posted at all public exits.
(Ordinance 6331, sec. 1, adopted 7/21/09)
A convenience store shall maintain an unobstructed line of sight
allowing a clear view of the cash register and sales transaction area
from the parking area nearest the cash register. Such windows and
doors must be clear of all items that would obstruct a clear view
including, but not limited to, tinting, signage, advertisements, shelving,
and merchandise. Such unobstructed line of sight must, at a minimum,
extend from three feet above the ground to at least six feet above
the ground.
(Ordinance 6331, sec. 1, adopted 7/21/09)
(A)
A convenience
store shall have a silent panic or holdup alarm system for which a
permit has been issued in accordance with Article VII of this chapter.
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 holdup or other
life-threatening emergency requiring a police department response.
(B)
A convenience
store shall have posted at all public exits and entrances signs or
decals indicating that a security alarm system is in use.
(Ordinance 6331, sec. 1, adopted 7/21/09)
(A)
A convenience
store 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 amounts of change to be removed.
(B)
A convenience
store shall have a cash accountability policy mandating the maximum
amounts of cash that can be kept in cash registers.
(C)
A convenience
store shall have posted, at or near the point(s) of sale, decals or
signs indicating that employees cannot open the safe and that employees
have minimum cash on hand.
(Ordinance 6331, sec. 1, adopted 7/21/09)
(A)
A convenience
store shall have a minimum of two color digital high-resolution surveillance
cameras connected to a digital high-resolution digital recorder. One
camera must have an overall view of the counter/register area and
the other camera a view of the main entrance/exit area and both shall
display the correct date and time of the recording.
(B)
The
entrance/exit area camera shall be placed to provide a clear and identifiable
full frame of the filmed individual’s face.
(C)
The
cameras and recording system shall be operated at all times, including
hours when the store is not open for business.
(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 shall have posted, at or near the point(s) of sale, signs or
decals indicating that surveillance cameras are in use.
(Ordinance 6331, sec. 1, adopted 7/21/09)
