The URL can be used to link to this page

Home My WebLink About1990-07ORDINANCE NO. 90- 7 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, REGULATING THE OPERATION OF LATE NIGHT RETAIL STORES; PROVIDING FOR DEFINITIONS; PROVIDING FOR REGULATIONS; PROVIDING FOR INSPECTIONS AND COMPLIANCE; PROVIDING FOR SELF-CONTAINED PAY BOOTHS; PROVIDING FOR AUDIOVISUAL MONITORING SYSTEMS; PROVIDING FOR WAIVER; PROVIDING FOR PENALTIES: PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION IN CODE; AND PROVIDING FOR EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County that the following ordinance is hereby adopted as a part of the Indian River County Code of Laws and Ordinances: Definitions. The following terms and phrases, when used in this Chapter, shall have the meaning ascribed to them in this Section, except where the context clearly indicates a different meaning: 1. "Late Night Retail Store" is a business establishment that: a. derives 50% or more of its gross income from the sale on the premises of goods, merchandise, fuel, or other articles of value in their original containers, or b. offers to walk-in customers a limited quantity and variety of food, household and sundry items, or gasoline, and C. is open for business to the public at any time during the hours of 11:00 p.m. and 6:00 a.m. 2. "Owner" is the person, corporation, partnership, joint venture, or other group enterprise having lawful possession of the premises upon which the late night retail store is operated. 3. "Employee" is the person, corporation, 1 partnership, joint venture, or group enterprise legally responsible for the day-to-day operation of the late night retail store. SECTION 2. Regulations. All late night retail stores as defined above shall comply with the following regulations: 1. During the hours from 11:00 P.M. until closing or 6:00 a.m., whichever event occurs first, there shall be a minimum of two employees who are continuously on duty on the premises. 2. No sign, display, merchandise, or window tinting shall be placed on or adjacent to any window which would interfere with a clear and unobstructed view of the interior of the establishment from the outside and of the cash register or registers from the street. 3. A silent alarm system shall be installed and in operation. Said system shall be able to be activated by an employee without detection of another person. Such system shall be able to notify the Indian River County Sheriff's Department of trouble by generating a signal at the Indian River County Public Safety Answering Point System (PSAP). 4. At least one conspicuous sign shall be posted in the front window or door which states that the cash register has $50.00 or less in it. 5. A conspicuous sign shall be posted which states that there is a safe in the store and that it is not accessible to employees. 6. The entire outside area of the late night retail store utilized by customers for parking, shall be lighted and maintained at two (2) footcandles per square foot. The level of lighting shall be measured five (5) feet above the surface of the parking area. 2 VKU I MNUt NU. 90 7- 7. A security camera shall be installed and in operation. Said camera must be capable of producing a retrievable Image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Cameras meeting the requirements of this Section shall be maintained in proper working order at all times and shall be subject to periodic inspection by the Sheriff's Department or a Code Enforcement Officer. 8. Any owner or employee who works between the hours of 11:00 p.m. and 6:00 a.m. in a late night retail store shall complete a course or program in robbery prevention certified by the Sheriff's Department if such a course or program is available, within 90 days after commencement of employment. SECTION 3. Ins ections and Com liance. An Indian River County code enforcement officer shall inspect all late night retail sales establishments subject to this Ordinance to determine compliance. The code enforcement officer shall take appropriate action for any establishment not in compliance. SECTION 4. Self -Contained PaZ_Booths_ 1. In lieu of meeting the requirements of Section 2, subject retail establishments may construct self-contained pay booths which shall contain the following: a. Bullet -resistant windows; b. Bullet -resistant walls; C. Bullet -resistant door(s); d. Bullet -resistant through -the -wall security transaction drawer(s); e. An alarm system as defined in Section 2(3); REVISED 3 f. Telephone(s); g. Restroom(s); h. Self-contained air conditioning and heating system; i. Intercom System linking cashiers) with customer(s) at the cashier counter. SECTION 5. Audiovisual MonitorinaSystems(s)_ In Ileu of meeting the requirements of Section 2(1),(3), and (7) or Section 4, subject retail establishments may Install an audiovisual monitoring system which allows security personnel live access to the operation 24 hours a day. Such live access must be capable of being triggered by either an employee or by the remote security monitoring service without detection by a customer. Such systems(s) shall be maintained in proper working order at all times and shall be subject to approval and periodic inspections by the sheriff's department and/or code enforcement officer. SECTION 6. Waiver. The county administrator may waive any and all of the requirements of this Chapter upon a clear showing by the applicant for waiver that said requirements are not in the public interest. Further, the county administrator may make such conditions on any waiver as he deems necessary. Any action of the county administrator under this section may be appealed to the Board of County Commissioners. The decision of the Board of County Commissioners shall be final. SECTION 7. Penalties. a. Violation of any of the above numbered sections is subject to the powers of the code enforcement board. REVISED 4 b. The Board of County Commissioners of Indian River County may obtain injunctive relief to restrain or prohibit any violation of this Ordinance. C. The occupational license for any establishment may be revoked by the Board of County Commissioners upon proof of willful violation of this Ordinance. SECTION 8. Conflicting_ Provisions. in case of a conflict between the provisions of this ordinance and prior ordinances, the prior ordinance shall be deemed repealed to the extent of such conflict. SECTION 9. Severability. If any section, or If any sentence, paragraph, phrase, or word of this ordinance is for any reason held to i be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative Intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 10. Incorporation—In Code. This ordinance shall be incorporated into the Code of Ordinances of Indian River County and the word "ordinance" may be changed to "section", "article", or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such purposes. SECTION -11. Effective Date. This ordinance shall become effective upon June 1, 1990. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 6th 5 day of March 1990. This ordinance was advertised In the Vero Beach Press -journal on the 18th day of FebrIL&"_, 1990, for a public hearing to be held on the 6th day of _March 1990, at which time it was moved for adoption by Commissioner Bird —, seconded by Commissioner Scurlock , and adopted by the following vote: Chairman Carolyn K. Eggert Aye__ ViceChairman Richard N. Bird Age Commissioner Margaret C. Bowman Aye__ CommissionerDon C. Scurlock, Jr. Aye_ CommissionerGary C. Wheeler Ayp---- BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA-, g4 By A L Caro a y agger; aHr an:,.,... Attest e8-r'��"t.0 :Cf,erk-.. 14�1,114 Acknowledgment by the Department of ' State'.'of the State of Florida, this 12th day of __jMarch L___ —, 1990. Effective date: Acknowledgment from the Department of State received on this 15th day of _Marc 1990 at 10:00 a.m./p.m, and filecT71167 the Office of the clerk of the S—oava of-Tounty Commissioners of Indian River County, Florida. A D I 6