Convenience Store Ordinance, Monroe County

ORDINANCE NO. 014 - 1989

AN ORDINANCE CREATING CHAPTER 6.6, MONROE COUNTY CODE, TO AID IN THE PREVENTION OF ROBBERIES AT CONVENIENCE STORES; PROVIDING FOR THE DEFINITIONS OF CONVENIENCE STORE, OWNER, OPERATOR AND EMPLOYEE THEREOF; PROVIDING FOR THE REGULATION OF THE LOCATION OF WINDOW SIGNS IN SUCH STORES, THE LOCATION OF SALES AREAS, NOTICE OF THE AMOUNT OF ACCESSIBLE CASH ON THE PREMISES; PROVIDING THAT THE PARKING LOTS OF SUCH STORES BE WELL LIGHTED; PROVIDING THAT SUCH REGULATIONS AND REQUIREMENTS SHALL APPLY TO EXISTING CONVENIENCE STORES AS WELL AS THOSE TO BE CONSTRUCTED IN THE FUTURE; AUTHORIZING THE SHERIFF OF MONROE COUNTY TO OFFER A VOLUNTARY COURSE IN ROBBERY PREVENTION OR CERTIFY A THIRD PARTY PROGRAM AS ADEQUATE; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE AND PENALTIES FOR THE VIOLATION THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE INCORPORATION OF THIS ORDINANCE INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE.

Wheras, the number of assaults and robberies at convenience food stores is increasing at an unacceptable rate; and

Whearas, unless positive corrective steps are taken, this unacceptable increase will only continue with further loss of lives and loss of property contrary to the public health, safety and welfare of the employees and customers of convenience food stores; and

Whearas, documented stufies based on the corrective steps outlined provide immediate relief to the increase in crime perpetrated against convenience food stores; now, therefore,

Be it ordained by the Board of County Commissioners of Monroe County, Florida:

Section 1. The following Chapter of the Monroe County Code is hereby created to read as follows:

Chapter 6.6 Convenience Food Stores

Section 6.6-1. Definitions.
The following terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

a) "Convenience Food Store" is a business establishment that:

1) derives 50% or more of its gross income from teh sale of goods, merchandise, or other articles of value in their original containers; and,
2) offers a limited quantity and variety of food, household and sundry items; and
3) operates at any time between the hours of 8:00 p.m. and 4:00 a.m.; and
4) does not sell or have for sale prescription drug items.

b) "Owner" or "Operator" is the person, corporation, partnership, joint venture or other group enterprise or entity having lawful possession or control of the premises upon which the convenience food store is operated.

c) "Employee" is the person, corporation, partnership, joint venture or group enterprise legally responsible for the day-to-day operation of the convenience food store.

Section 6.6-2. Regulations
Within 120 days of the effective date of this Ordinance all convenience food stores in teh unincorporated area of Monroe Coiunty shall comply with the following regulations:

a) Locate any signes posted in the windows so as to provide a clear and unobstructed view of the cash register and sales area from the street.

b) Locate the sales area so that the clerk and customer are fully visible from the street at the time of the sales transaction.

c) Post a conspicuous sign in the window which states that the cash register has $50.00 or less in it.

d) Have no more than $50.00 cash available and readily accessible to employees.

e) The entire area of the convenience food store utilized by customers for parking, shall be lighted and maintained at five (5) foot candles per square foot. The level of lighting shall be measured at the surface of the parking area.

Section 6.6-3. Robbery Prevention Course
The Sheriff of Monroe County is hereby authorized to establish a voluntary course in robbery prevention for convenience food store owners, operators and employees. The Sheriff may charge each individual taking the course an amount sufficient to cover the cost. In lieu of providing the voluntary course, the Sheriff may certify a course provided by third persons as suitable for the teaching of robbery prevention.

Section 6.6-4. Penalties and Enforcement
Violation of this Ordinance shall be punished in the same manner as second degree misdemeanors. This Ordinance may also be enforced in any manner authorized by general or special law or ordinance.

Section 2. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity.

Section 3. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.

Section 4. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and may be appropriately renumbered to conform to the uniform numbering system of the Code.

Section 5. This Ordinance shall take effect immediately upon receipt of offical notice from the Secretary of the State of Florida that this Ordinance has been filed with said Office.

Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 6th day of June, A.D., 1989.

Return to Business Crime Prevention Programs Page

Return to Main Page