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HomeMy WebLinkAbout2016-3738 - Ordinance - 01/28/2016 ORDINANCE NO. 2016-3738 AN ORDINANCE AMENDING CHAPTER 4, BUSINESS REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING SECTION 24 "BUSINESS SECURITY" AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 4, "Business Regulations" of the Code of Ordinances of the City of College Station, Texas, be amended by adding Section 24 "Business Security" as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance,which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than Twenty-Five Dollars ($25.00) or more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 28th day of January,2016. APPROVED: Mayor ATTEST: C-&('1/4) \;NN\ City Secreta APq i VED: City Attorney Ordinance No.2016-3738 Page 2 of 7 Exhibit "A" That Chapter 4, "Business Regulations" of the Code of Ordinances of the City of College Station, Texas, be amended by adding Section 24 "Business Security" and is to read as follows: Section 23. Business Security A. Definitions. The following terms when used in this section shall have the below stated meanings, except where context clearly indicates a different meaning. 1. Convenience Goods means basic food and drink items, household products and goods and pharmaceutical items. 2. Employee means any person who is employed in consideration of direct or indirect monetary wages, commissions, or profits, any contract employee and any other person engaged in Store operation. 3. Height Strip means markings to aid in estimating the height of suspects. 4. Manager means the person designated by the Owner to be responsible for the daily Store operation. 5. Owner means the person, individual, group, corporation,partnership,joint venture or other group enterprise licensed to do business,hold title or lease property for the operation of the Store. 6. Police Department means the College Station Police Department. 7. Security Camera Surveillance means a system of cameras designed to capture and store video data in a Store for security purposes. 8. Store means a convenient store or gas station selling Convenience Goods and a liquor store containing less than 10,000 square feet of retail sales space. Ordinance No.2016-3738 Page 3 of 7 B. Registration of Stores. 1. Registration. All Stores must register with the Police Department. No fee will be charged for the registration. 2. Inspection. Stores will be inspected by the Police Department to ensure compliance. 3. Application. The Store Owner shall register by providing the Police Department the following information on an application form approved by the City: a. The name, telephone number, facsimile number and email address. b. Business or residence address of the Owner. c. 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, email address 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. d. The nature and extent of the Owner's interest in the property. e. The name, telephone number, facsimile number, email 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. f. The use of a public or private post office box or other non-physical similar address shall not be sufficient for the purposes of complying with this subsection. 4. Change in Ownership.Any Store ownership change, including,but not limited to, the sale of the store or any ownership interest therein, shall require the purchaser or transferee to update the registration information and to file the updated information with the Police Department within thirty (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 Police Department he no longer holds any ownership interest in the property. Ordinance No.2016-3738 Page 4 of 7 5. New Stores. The Owner of a newly constructed, remodeled or established Store shall comply with this section within thirty (30) days of receiving their certificate of occupancy. 6. Application Acceptance.After a Store Owner complies with the provisions of this section, the Police Department will provide the Store: (1) A registration compliance decal or sign to be displayed conspicuously at a public entrance door to the Store. (2) A registration statement to be displayed conspicuously at a public entrance door to the Store. 7. Compliance with the requirements of this section shall be deemed to meet the requirements of 250.003 and 250.004 of the Texas Local Government Code. C. Store Owner and Manager Requirements. 1. Store Owners shall: a. Have and maintain in an operable condition Security Camera Surveillance monitoring, recording and storage equipment in the Store. b. Maintain and back up all Security Camera Surveillance data for twenty-one (21) days. c. Understand operation and retrieve data from the Security Camera Surveillance System. d. Post readable signage in a conspicuous place at all public points of entry and exit indicating Security Camera Surveillance is used at the Store. e. Provide any law enforcement agency investigating a crime a copy of the Security Camera Surveillance data and full access to the Security Camera Surveillance system immediately or as soon as practical upon law enforcement's request. f. Properly train Managers how to use and retrieve data from the Security Camera Surveillance system. g. Install and maintain a Height Strip and all signage required by this section. Ordinance No.2016-3738 Page 5 of 7 2. Store Managers shall: a. Understand how to use and retrieve data from the Security Camera Surveillance System. b. Assist the Store Owner their superiors to ensure Security Camera Surveillance monitoring, recording and storage equipment is in operation and functional at all times, even during times the store is closed. c. Report nonfunctioning Security Camera Surveillance monitoring,recording or storage equipment immediately to their superior and the Owner. d. Provide any law enforcement agency investigating a crime a copy of the Security Camera Surveillance data and full access to the Security Camera Surveillance system immediately or as soon as practical upon law enforcement's request. D. Security Camera Surveillance Locations. 1. Points of Entry and Exit. Cameras shall be located at all public entrances and exits to capture clear frames of individual's faces. 2. Point of Sale Locations. Cameras shall be located at all point of sale locations to capture the cash register, money drawer, credit transaction area to capture clear frames of individual's faces on both sides of the counter,register or money drawer. 3. Fuel Pump Area. Cameras shall be located in a position to capture fuel pump areas. E. Security Camera Surveillance Equipment Requirements. 1. Security Surveillance Cameras must: a. Record in a digital color format and in high-resolution. b. Display the correct date and time of the recording. c. Capture clear images in darkness or low lighting. 2. Data captured on the Security Camera Surveillance system hard drive, server or cloud storage system must be in a retrievable format and must be able to be retrieved on an external device and must retain the highest resolution for a stored file. 3. The data provided must contain the appropriate software, viewer or codec is necessary for playing the video on a system other than the parent Security Camera Surveillance system and computers. Ordinance No.2016-3738 Page 6 of 7 4. Security Camera Surveillance system and computer hard drive, server, or cloud storage system must have enough storage space to store twenty-one (21) days of recorded data and must be capable of a system back up. F. Safe. 1. A Store Owner shall have a safe on the premises to keep the amount of cash available to employees to a minimum. 2. A Store Owner shall have a cash accountability policy mandating the maximum amounts of cash that can be kept in cash registers. 3. A Store Owner shall have posted at all public exits and entrances conspicuous signs stating employees cannot open the safe and employees have minimal cash on hand. G. Security Signs and Height Strips. 1. Security Signs. A Store Owner shall have posted at all public exits and entrances, front, sides and rear of the Store "No Loitering" and "No Trespassing" signs in lettering two inches or larger. 2. Height Strips. A Store Owner shall have Height Strips posted at all public exits. H. Alarm System. 1. A Store Owner shall have a silent panic or holdup alarm system on premises. This system shall, at a minimum, include a panic button located within reach of the cash register and out of view of the customer. The panic button will generate an alarm signal indicating a holdup or other life-threatening emergency requiring an emergency response. 2. A Store Owner shall have posted at all public exits and entrances signs indicating a security alarm system is in use by the Store. Trespass Affidavit. A Store Owner shall execute a trespass affidavit as promulgated by the Police Department in order to enforce all applicable trespass laws on the Owner's at the Store. A true and correct copy of the trespass affidavit shall be posted at the convenience store at all times in a conspicuous place accessible at all times to the public. Ordinance No.2016-3738 Page 7 of 7 J. Violation. 1. It is unlawful for any person, Owner or Manager to violate the provisions of this ordinance. 2. Any Person, Owner, Employee, Manager or Supervisor not in compliance or in violation with this ordinance shall be an offense punishable as provided in Chapter 1 Section 5 of this Code of Ordinances.