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z Y BILL NO. 94-16 AMENDED SUBSTITUTE
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SPONSOR Councilman Green
`•` ORDINANCE NO. 12106
AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI,
.' BY REQUIRING SECURITY MEASURES AT CONVENIENCE STORES WITHIN THE z
LIMITS OF THE CITY OF JEFFERSON, MISSOURI, IN ORDER TO PROVIDE FOR
THE PROTECTION OF BUSINESS PERSONNEL, BUSINESS CUSTOMERS AND
THE PUBLIC SAFETY AND WELFARE, PROVIDING PENALTIES FOR VIOLATORS }
AND MATTERS RELATING THERETO. '
WHEREAS, the City of Jefferson has the authority to enact ordinances to
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maintain the peace and welfare of the City of Jefferson and its trade and commerce;
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WHEREAS, in recent years there have been deaths in convenience stores
caused by individuals with criminal intent who have found these businesses very
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t; convenient for their purposes; and
WHEREAS, the Council of the City of Jefferson desires to reduce the potential
for situations where employees or customers of convenience stores are exposed to risk
t y of death or serious injury from the actions of individuals with criminal intent; and
WHEREAS, the Council believes that this danger to public safety can be
deterred and restrained b the adoption of the following described security measures in
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these businesses,
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NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CITY OF
' JEFFERSON; MISSOURI AS FOLLOWS:
Section 1: The Code of the City of Jefferson, Missouri, is hereby amended by
•'t the enactment of Article XIII of Chapter 17 to read as follows:
ARTICLE XIII. CONVENIENCE STORE SECURITY
f. Section 17-240 Definitions. That for purposes of this article
"convenience store" is hereby defined as a place of business that is
primarily engaged in the retail sale of groceries, both groceries and
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gasoline, or liquor for consumption off the premises, and which is open for
;k. business at any time between 11:00 p.m. and 5:00 a.m. The term
} "convenience store" does not include:
(a) A business that is solely or primarily a restaurant;
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(b) A business that has at least ten thousand square feet of
retail floor space.
's± Section 17-241 Minimum Security Measures (Required. For the
protection of employees and the consumer public at convenience stores,
every owner of a convenience store shall ensure that:
(a) each employee is trained in proper robbery deterrence
xand safety within sixty (60) days of an employee's date of employment or,
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if a person is an employee on January 1, 1995, then by July 1, 1995;
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{ (b) such owner's convenience store is equipped with the
following:
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u: (1) A behind-the-counter communi-
cations device, such as an alarm system,
telephone line or "panic" button, which can be
utilized to notify police; subject to the
j restrictions set out in Article XII, "Burglar and
Fire Alarm Systems," of Chapter 18,
R "Miscellaneous Provisions and Offenses," of
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(2) A drop safe or similar
device for restricted access to cash receipts;
(3) Lighting for parking areas,
entrances and other areas of the convenience
R . store accessible to the public at an intensity
providing clear visibility under normal
conditions;
(4) A conspicuous notice at
the entrance which states that the cash
register contains limited funds;
(5) Window signs located to
allow a clear and unobstructed view from the
outside of the building to the cash register and
sales transaction area; and
(6) Height markers at the
entrance of the convenience store which
display height measures;
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(c) such owner's convenience store has no window tinting
}, that prevents an exterior or interior view, and allows for night visibility in a =4'
a
normal line of sight. '
' Section 17-242 Security Measures Required When Less Than
Two Employees. If a convenience store has less than two (2) employees w;
k, on the premises after 11:00 p.m. and before 5:00 a.m., then in addition to
f " the security measures required under 17-241, the owner of such `fir
convenience store shall ensure that the convenience store is equipped }'
with a security camera system capable of recording and retrieving an
image to assist law enforcement officials in the identification and
apprehension of criminal offenders, positioned so as to record on film or
videotape the image of all persons entering the convenience store and/or ;
all persons approaching within five (5) feet of the cash register; or, in the `a
alternative, bullet-proof glass. w
Section 17-243 Effective Date. All convenience stores
commencing operations from and after the effective date of the ordinance
adopting this article shall immediately comply with all of its provisions
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upon opening their doors to the public. All convenience stores in
operation within the limits of the City of Jefferson (doors open to the
public on a regular and continuous basis) prior to said effective date shall
comply with the provisions of Section 17-241 by no later than January 1,
1995, and if subject to Section 17-242, compliance with that section is
required no later than July 1, 1995.
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Section 17-244 Exemption From Compliance. Any owner of a
convenience store may apply to the Council for exemption from the
provisions of this article, if that owner has undertaken alternate security �
measures which are substantially equal to, or more effective than, the
security measures set out in Section 17-241 and 17-242 in preventing
criminal activity, assisting in the apprehension of the perpetrator, and
protecting employees and customers. The Chief of Police shall provide
written standards which will be considered in determining alternate
security measures. If the alternate security measures detailed in the
owner's application for exemption meet these standards, the Chief of
t' Police may submit to the Council a written recommendation that the
owner not be required to comply with the provisions of this article. The
Council may then approve the owner's application upon the Chiefs
recommendation, or deny the application. The decision by the Council
shall be final, except to such extent the same may be changed by judicial
review.
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Section 17-245 Alternative Measures. Alternate security
measures may include: an armed security guard on the premises at all
times the convenience store is open to the public; two (2) or more
employees on duty at all times the convenience store is open to the
public; and a working system that signals a problem to a manned
monitoring area away from the convenience store.
Section 17-246 Additional Measures. Nothing in this article
s prohibits any convenience store from using additional cameras, alarms or
other security measures, nor does it prevent any convenience store from
using those measures more than the required hours.
` Section 17-247 Penalty. Any person, firm or corporation violating
any provision, section or paragraph of this article shall be guilty of an
infraction, and upon conviction thereof shall be subject to a fine of not
` more than five hundred dollars ($500.00). Each day a violation occurs
shall constitute a separate offense.
Section 2: It is the intention of the Council that each section, paragraph,
sentence, clause and provision of this ordinance be separable, and if any provision
herein is held unconstitutional or invalid for any reason, such decision shall not affect
the remainder of this ordinance nor any part thereof other than that affected by such
decision.
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Section 3: Impact Study. A review of the implementation and impact of this
f Ordinance shall be conducted by City staff and a report with recommendations shall be
presented to the Mayor and City Council on or before December 31, 1995.
' Section 4: This ordinance shall be in full force and effect upon its enactment
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,k and approval due to the urgent need to protect the .employees and customers of
convenience stores subject to the provisions of Section 17-243 above.
Passed / Approved
IF
Presidi fficer ayor
ATTEST:
City Clerk
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