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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number; 11-00112 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
31/ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS
BUSINESS REGULATIONS/CONVENIENCE STORE SECURITY," MORE
PARTICULARLY BY REPEALING SECTIONS 31-76 THROUGH 31-7B AND
REPLACING WITH NEW LANGUAGE THAT IS CONSISTENT WITH APPLICABLE
FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 31, Article III of the Code of the City of Miami, Florida, as amended, is
amended in the following particulars: {1}
"CHAPTER 31
LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS
ARTICLE III. CONVENIENCE STORE SECURITY
Sec. 31-76. Definitions,
The following words, terms and phrases, when used in this articlo, shall have the meanings
ascribed to them in this sectisn, except where the context clearly indicates a different meaning:
hours of 11:00 p.rn. and 5:00 a.m. The term "convenience business" doos not include:
(1) A business that is solely or primarily a restaurant.
before 5:00 a.m.
(3) A business that has at least 10,000 square feet of retail floor space.
p.m. and 5:00 a.m.
porconal disfigurement or protracted loss or impairment of the function of any bodily member or organ.
The city adopts by reference the definitions provided in Section 812.174, Florida Statutes as if
fully set forth herein, as that statute may be amended from time to time.
Sec. 31-77. Security requirements.
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File Number. 11-00112
standards:
(1) A security camera system capable of recording and retrieving an image to assist it
(2) A drop safe or cask-Fnanagement device for restricted access to cash receipts.
foot at 18 inches above the surface.
(1) A conspicuous notice at the entrance w#ich states that the cash register contains
$50.00 or Tess.
and in a normal line of sight of the cash register and sales transaction area.
(6) Height markers at the entrance of the convenience business which display height
measures.
in a normal line of sight.
accompanied by an administrative fee of $25.00 for each store for which an exemption
would -any.
occurs or has occurred at a convenience business since July 1, 1989, and arises- out of the
5:00 a.m.,
b. Underwriters' Laboratories, Inc., Standard UL 752 for medium power small arms
(level one), bullet resisting equipment;
0) Lock the business premises throughout the hours of 11:00 p.m. to 5:00 a.m., and only
(5) Close the business at all times after 11:00 p.m. and before 5:00 a.m.
(e) For purposes of this section, any convenience business that by law implemented any of the
incidence of the crimes identified by subsection (d) for a period of no less than 21 months
notice of exemption fr-e -these enhanced security measures. In no event shall this
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File Number. 11-00112 .
provide notice to any convenience business to which a subsection (d) incident has
previously occurred. In no event shall the state department of legal affairs incur any liability
for the regulation and enforcement of this article.
The city adopts by reference the convenience business security requirements provided in
Section 812.173. Florida Statutes as if fully set forth herein. as that statute may be amended from time
to time. All code inspectors. as defined in this Code. are authorized and directed to enforce the
provisions of said statute and the provisions of this article.
Sec. 31 78. Training of omployees.
The owner-dr principal operator of a convenience business or convenience businesses shall
provide proper robbery deterrence and safety training by an approved curriculum to its retail
employocs within 60 days of employment. A proposed curriculum shall be submitted in writing to the
state attorney general with an administrative fee net to exceed $100.00. The state attorney general
shall review and approve or disapprove the curriculum in writing within 60 days after receipt. Tho state
principles, devices, and measures required by section 3-1 77.-Disapproval of a curriculum shall be
subject to tho provisions of F.S. -h. 120. No person shall be liable for ordinary negligence due to
approved by the state attorney general since September 1980 shall be subject to reapproval two years
from the anniversany-of Mitial approval and biennially thereafter.
The city adopts by reference the training requirements provided in Section 812.174, Fla. Stat.
as if fully set forth herein, as that statute may be amended from time to time. All code inspectors, as
defined in this Code, are authorized and directed to enforce the provisions of said statute and the
provisions of this article.
Section 2. If any section, part of section, paragraph, clause, phrase or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 3. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS'
JULIE O. BRU c U)
CITY ATTORNEY
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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