The URL can be used to link to this page

Home My WebLink AboutO-13256City of Miami Legislation Ordinance: 13256 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00112 Final Action Date: 3/10/2011 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 31-78 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 article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Convenience business means any place of business that-+s primarily engaged in the retail sale {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. {Al) Any business in which the owner or members of his family work between the hours of Serious injury means a physical condition which creates a substantial risk of death, serious personal 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 812.171, Florida Statutes as if fully set forth herein, as that statute may be amended from time to time. Sec. 31-77. Security requirements. City of Miami Page 1 of 3 File Id: 11-00112 (Version: 2) Printed On: 9/27/2017 File Number: 11-00112 Enactment Number: 13256 {a) Every convenience business shall be equipped with the following security devices and standards: offender identification and apprehension. {2) A drop safe or cash management device for restricted asses to cash receipts. {3) A lighted parking lot illuminated at an intensity of at least two footcandles per square foot at 18 inches above the surface. $50.00 or le.s. {5) Window signage that allows a clear and unobstructed view from outside the building 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. (7) 4 rash management policy to limit the rash on hand at all times after 11 •00 p m (b) A convenience business shall not have window tinting that reduces exterior or interior view in a normal line of sight. {c) Every convenience business shall be equipped with a silent alarm to law enforcement or a private security agency, unle.s application for an -exemption -is made to and granted by the accompanied by an administrative fee of $25.00 for each store for which an exemption would apply. out of the operation of the convenience business, that convenience business shall implement at least one of the following security measures: (1) Provide at least two employees on the premises at all times after 11 •00 p anal before 5:00 a.m.; (2) all for use by ployees at all times after 11 00 p anal before Finn a m a secured safety enclosure of transparent polycarbonate or other material that meets at least one of the following minimum standards: a. American Society for Testing and Materials Standard D3935 (clac•sification PC110 B 3 0800700) and that has a-t#iGenos of at least n 375 inches and has an impact strength of at least 200 foot pounds; or 0 b. Underwriters' Laboratories, Inc., Standard UL 752 for medium power small arms {level one), bullet resisting equipment; (3) Provide a securit guard on the pr mi es at all times after 11 :00 p and before 0 a.m.; {4) Lock the business premises throughout the hours of 11:00 p.m. to 5:00 a.m., and only transact business through an indirect pa.s through trough, trapdoor, or window; or (5l�Cl se the business at all times aft 11 :00 p and before 500 a m the security measures set forth in paragraphs (d)(1) through (5) and has maintained such measures as required by the state department of legal affairs without any occurrence or incidence of the crimes identified by subsection (d) for a period of no le.s than 24 months immediately preceding the filing of a notice of exemption, may file with the department a notice of exemption from these enhanced security measures. In no event shahs exemption be interpreted to preclude full compliance with the security measures set forth City of Miami Page 2 of 3 File Id: 11-00112 (Version: 2) Printed On: 9/27/2017 File Number: 11-00112 Enactment Number: 13256 in subsection (d) should any occurrence or incidence of the crimes identified by subsection (d) cause subsection (d) to be statutorily applicable. The state department of legal affairs will 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 employees. The owner or principal operator of a convenience business or convenience businesses shall employees within 60 days of employment. A proposed curriculum shall be submitted in writing to the state attorney general with an administrative fcc not to cxceed $100.00. The state attorney general shall review and approve or disapprove thc curriculum in writing within 60 days after receipt. The state shall have no liability for approving or disapproving a training curriculum under this section. Approval shall be given to a curriculum which trains and familiarizes retail employees with the security subject to thc provisions of F.S. ch. 120. No person shall be liable for ordinary negligence due to submitted for reapproval biennially with an administrative fee not to exceed $100.00. Any curriculum approved by thc state attorney general since September 1990 shall be subject to reapproval two years from the anniversary of initial 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} 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. City of Miami Page 3 of 3 File Id: 11-00112 (Version: 2) Printed On: 9/27/2017