The city council finds and determines that:
(a) 
Requiring certain types of businesses to install and maintain video surveillance systems on their properties will reduce the potential for criminal activity.
(b) 
The installation of video surveillance cameras will serve as a crime deterrent and will assist law enforcement with the investigation of crimes that occur at these businesses.
(Ord. 1515 § 1, 2016)
“Banks and credit unions”
means an establishment whose primary function is related to the custody, loan, exchange, issuance of money, extension of credit, or transmission of funds.
“Coin dealer”
means any establishment that buys or sells coins, gold, or other precious metals.
“Convenience market”
means any retail establishment that sells a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off-premises consumption and typically with long or late hours of operation and in a building that is less than five thousand gross square feet. This definition includes small retail stores located on the same parcel as or operated in conjunction with a service station.
“Delayed deposit service businesses”
means an establishment that, for compensation, engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose.
“Enforcement officials”
means the investigating and enforcing officials of the city of South San Francisco, including, but not limited to, the police department, fire department, and code enforcement division.
“Firearms sales”
means an establishment that is required to obtain a federal firearms permit to sell firearms, or an establishment engaged in the selling, dealing in, trading, or transferring of firearms.
“Footage”
means the media captured by a video surveillance camera.
“Hotels and motels”
means an establishment providing overnight lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This definition includes motor lodges, motels, hostels, extended-stay hotels, and tourist courts, but does not include rooming houses, boarding houses, private residential clubs, or bed and breakfast establishments within a single-unit residence.
“Mobile communications retailers”
means any establishment that is engaged in the sale of cellular or mobile communication devices and services.
“Money transmission services”
means any establishment receiving money to transmit money to another location by any means, including wire, facsimile, electronic transfer, or payment instrument, and that is required to obtain a license to operate a money transmission service.
“Off-sale liquor establishments”
means any establishment required to have a license from the Department of Alcoholic Beverage Control whose primary purpose is the sale of alcohol to be consumed off-premises.
“On-sale liquor establishments”
means any establishment that sells alcohol to be consumed on premises, is required to have a license from the Department of Alcoholic Beverage Control, and the establishment is open beyond ten p.m.
“Pawnbroker”
means an establishment required to obtain a license issued by the State of California, Department of Justice, pursuant to Business and Professions Code Section 21640, or any applicable successor statute.
“Pharmacies”
means any establishment where prescription drugs are compounded, dispensed, or sold by a pharmacist and where prescription drug orders are received or processed in accordance with the pharmacy laws.
“Restaurant, limited service”
means an establishment where food and beverages may be consumed on the premises, taken out, or delivered, but where no table service is provided. This definition includes cafeterias, fast-food restaurants, carryout sandwich shops, limited service pizza parlors and delivery shops, self-service restaurants, snack bars, and takeout restaurants.
“Scrap metal dealers”
means an establishment at a fixed or mobile location that is engaged in one of the following activities:
(1) 
Buying, selling, procuring, collecting, gathering, soliciting, or dealing in scrap metal.
(2) 
Operating, managing, or maintaining a scrap metal yard.
“Self-storage facilities”
means real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property or for storing individual storage containers provided to occupants who have exclusive use of the container for the purpose of storing and removing personal property, whether or not the individual storage containers are transported.
“Twenty-four-hour restaurants”
means any food service establishment that operates twenty-four hours a day.
“Twenty-four-hour service stations”
means any gas or service station establishment that operates twenty-four hours a day.
“Vehicle sales or rentals”
means an establishment where vehicles are either sold, leased, or rented via currency, credit, or other means.
“Video surveillance camera” or “camera”
means an electronic piece of equipment used to capture high-quality moving images of the environment and activity in the area it observes.
“Video surveillance system”
as used in this chapter, means a continuously recording system of video surveillance cameras that meets the minimum technological standards listed in this chapter.
(Ord. 1515 § 1, 2016)
Every business establishment, as defined by this chapter, is hereby required to install and maintain a video surveillance system in accordance with this chapter. All businesses with a video surveillance system installed prior to the effective date of the ordinance codified in this chapter are required to ensure the video surveillance system is in full compliance with this chapter. Video surveillance systems shall be maintained in proper working order at all times and shall be in operation twenty-four hours a day, seven days a week, and shall meet the minimum technological standards established in this chapter.
(Ord. 1515 § 1, 2016)
The video surveillance system footage shall be retained by the business owner for a period of no less than thirty days. The footage shall be made available to the South San Francisco police department via consent of the business owner, as a result of exigent circumstances, or by means of a search warrant.
(Ord. 1515 § 1, 2016)
Video surveillance systems installed pursuant to this chapter must meet all of the minimum technological standards outlined below:
(a) 
One dedicated channel for each camera in operation.
(b) 
The video surveillance system and cameras shall be Internet Protocol (IP) or analog high definition and shall record in color.
(c) 
The video surveillance system shall have enough storage to retain data from all cameras for a period of thirty days and have a monitor no smaller than fifteen diagonal inches for viewing of the images.
(d) 
The video surveillance system shall have the ability to view and record at the same time, time and date stamp recorded images, and shall be placed in a locked and secured location to prevent destruction or tampering.
(e) 
Each camera shall have a clear and unobstructed view of the desired coverage area.
(f) 
Each video surveillance system shall have a dedicated power source to prevent intentional or accidental deactivation.
(g) 
Video surveillance systems shall be maintained in good working condition.
(Ord. 1515 § 1, 2016)
(a) 
Every video surveillance system shall have separate cameras dedicated to each sales counter/check-out stand and each entrance and exit of the business establishment. If the business does not have any dedicated sales counter/check-out stands, the camera must be placed in a location that records the areas accessible by customers of that business. The cameras shall be placed in locations that allow a clear, unobstructed view of the desired locations and shall be periodically evaluated to ensure compliance.
(b) 
Every hotel and motel, twenty-four-hour restaurant, twenty-four-hour service station, and self-storage facility, as defined in this chapter, are additionally required to install video surveillance cameras in their parking lots. The video surveillance cameras in these parking lots shall be placed in locations that allow a clear, unobstructed view of the activity within the parking lot. If the described businesses have more than one parking lot, separated by a structure or by general design, then each parking lot shall have its own dedicated camera. Every hotel and motel, twenty-four-hour restaurant, twenty-four-hour service station, and self-storage facility shall also have a camera at each entrance/exit of the parking lot to record the vehicles and/or pedestrians that enter or exit the property.
(Ord. 1515 § 1, 2016)
Video surveillance systems shall be subject to regular inspection by the chief of police, or designee, or by the fire chief, or designee, who is authorized to inspect, at reasonable times, any video surveillance system to determine if the system complies with this chapter. If a video surveillance system does not meet the minimum requirements of this chapter, the business establishment subject to this chapter must take immediate steps to bring the system into conformance with the provisions of this chapter.
(Ord. 1515 § 1, 2016)
(a) 
Existing Businesses. Business establishments subject to the mandatory requirements of this chapter that are in operation as of the effective date of the ordinance codified in this chapter shall have one year from the effective date of the ordinance codified in this chapter to comply with the regulations set forth in this chapter.
(b) 
New Businesses. All new business establishments subject to the mandatory requirements of this chapter that begin operations after the effective date of the ordinance codified in this chapter must provide proof of compliance with the regulations set forth in this chapter within thirty days of the issuance of any business license or building permit for new construction.
(c) 
Notice of Violation. The violation of any provision of this chapter by any owner or principal operator of a business establishment subject to this chapter shall result in a notice of violation from the enforcement officials. The enforcement officials are authorized to investigate all alleged violations. Violators shall have thirty days after receipt of the notice of violation to provide proof of compliance to the enforcement officials. If the violation continues after the thirty-day period, the enforcement officials may issue a citation against the violator imposing a fine in an amount not to exceed five hundred dollars.
(d) 
Fine Procedures. Notice of the fine shall be served by certified mail identifying the legal violation and supporting facts. The notice shall contain an advisement of the right to file an appeal with the city manager, or designee, contesting the imposition of the fine by completing a request for an appeal hearing and returning it to the city within fifteen days from the date of the fine notice together with an advanced deposit in the total amount of the penalties assessed. A request for hearing form may be obtained from the department specified on the notice of the fine. In the following subsections pertaining to appeals, all references to city manager also include his or her designee.
(e) 
Advance Deposit—Hardship Waiver. No appeal shall proceed without payment of the advance deposit of the fine owed at the time the appeal is filed; provided that the city manager may waive or defer the advance deposit requirement upon notice that a request for an advance deposit hardship waiver has been filed. The request for a waiver shall be filed with the finance department on an advance deposit hardship waiver application form, available from the finance department, within ten days of the date of the administrative fine notice. The requirement of depositing the full amount of the fine shall be stayed unless or until the finance director makes a determination not to issue the advance deposit hardship waiver. The finance director may waive the requirement of an advance deposit only if the cited party submits to the finance director a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the finance director the person’s actual financial inability to deposit with the city the full amount of the fine in advance of the hearing. If the finance director decides not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within ten days of that decision.
(f) 
If the city manager finds that no violation occurred, that the violation was corrected within the specified time period, or that the person cited is not the responsible party, the city manager may issue an administrative order to reflect those facts, and the city shall refund the amount of the deposited fine within fifteen days from the determination.
(g) 
Failure to timely submit a completed request for hearing form or to pay the advance deposit of any penalties constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies.
(h) 
Penalty Stayed During Appeal. Enforcement of fine shall be stayed during the pendency of an appeal there from which is properly and timely filed, unless the city obtains an order from a court of competent jurisdiction requiring or authorizing the abatement of the condition that is the subject of the city’s enforcement efforts.
(i) 
Appeal Hearings. An appeal hearing based on a request for hearing contesting the imposition of a fine shall be set for a date not less than ten days nor more than sixty days from the date the request for hearing form is filed unless the city manager, or designee, determines that the matter is urgent or that good cause exists for an extension of time, in which case the hearing date may be shortened or extended, as warranted by the circumstances.
(1) 
A hearing under authority of this section shall be conducted according to the procedures set forth herein. The failure of the responsible party or other interested party to appear at the hearing following proper notice shall constitute a waiver of the right to be heard and a failure by such party to exhaust his or her administrative remedies.
(2) 
When a request for hearing is filed, the city manager, or designee, shall set the time and place for hearing pursuant to this subsection (i), and shall serve a notice of hearing either personally or by U.S. mail, first-class postage prepaid, to the appellant at the address provided in the request for hearing form. The time for such hearing shall be no sooner than ten days from the date of service of the notice of hearing.
(3) 
At the place and time set forth in the notice of hearing, the city manager, or designee, shall conduct a hearing on the alleged violations. Any responsible party or other interested person(s) may appear and offer evidence as to whether a violation has occurred and/or whether the violation continues to exist, whether the person cited is the responsible party for any such violation, whether a penalty or the amount of a penalty is warranted, or any other matter pertaining thereto. Evidence presented by the enforcement official or other official of the city tending to show that a violation occurred and that the person named on the fine notice is the responsible party shall establish a prima facie case that a violation, as charged, actually existed and that the person named in the fine notice is the responsible party for the violation. The burden of proof shall then be on the responsible party to refute such evidence. The standard to be applied for meeting such burden shall be a preponderance of evidence.
(4) 
The city manager, or designee, shall consider written or oral testimony or other evidence regarding the violation presented by the responsible party, the owner, the occupant, any officer, employee, or agent of the city, and any other interested party. Evidence offered during a hearing must be credible and relevant, but formal rules governing the presentation and consideration of evidence shall not apply.
(5) 
The city manager, or designee, shall conduct the hearing, order the presentation of evidence, and make any rulings necessary to address procedural issues presented during the course of the hearing.
(j) 
Decision of City Manager and Issuance of Notice of Decision. After receiving all of the evidence presented, the city manager, or designee, may then deliberate and consider or may adjourn the hearing and take matters under consideration. Within ten days following the conclusion of the hearing, the city manager, or designee, shall make a decision regarding the issues presented during the course of the hearing, and the decision shall be based on a preponderance of the evidence. The city manager, or designee, may sustain the fine, overrule the fine, suspend the fine in accordance with the procedure outlined below, or decrease the amount of the fine.
(1) 
The city manager, in his or her discretion, may suspend the imposition of the applicable fine for a period of time not to exceed sixty days during which the responsible party has demonstrated a willingness to correct the violations listed in the fine notice or under any other circumstances that would justify a suspension of the fine.
(2) 
After making a decision, the city manager shall issue a notice of decision to the responsible party, either personally or by U.S. mail, first-class postage prepaid, at the address provided in the request for hearing form. The decision will constitute a final administrative order with no additional administrative right of appeal.
(k) 
Failure to Pay Fine. If said fine is not paid within thirty days from the date appearing on the notice of the fine or on the notice of decision from the city manager, the fine may be referred to a collection agency within or external to the city.
(Ord. 1515 § 1, 2016)
It is unlawful and declared a public nuisance for a business subject to this chapter to be operated, conducted, or maintained contrary to the provisions of this chapter. The city may exercise its discretion, in addition to all other remedies available in this chapter or under the law, to commence proceedings for an abatement of a public nuisance.
(Ord. 1515 § 1, 2016)
A business which is otherwise required by this chapter to install a video surveillance system may apply to the chief of police, or designee, for exemption from the provisions of this chapter. The chief of police, or designee, may exempt a business from the requirements of this chapter if he or she finds that the business has already undertaken or will undertake alternative security procedures which are substantially equal to or more effective in preventing criminal activity and in assisting in the apprehension of the perpetrators of crime, and/or for the protection of employees. Should an exemption be granted, the chief of police, or designee, reserves the right to revoke the exemption should the business’s practices change from the practices listed in the exemption application.
(Ord. 1515 § 1, 2016)