Chapter 177 - BUSINESS SECURITY

Sec. 176.105. - Labeling. Chapter 179 - MORTGAGE FORECLOSURE REGISTRATION Chapter 177 - BUSINESS SECURITY

PART 1. - GENERAL

Sec. 177.101. - Title.

This Chapter may be known as the Jacksonville Business Security Code.

(Ord. No. 2000-408-E, § 1)

Sec. 177.102. - Findings.

The Council finds that many businesses such as convenience businesses, grocery stores, restaurants, and banks are at risk for robbery. The Council further finds that certain minimum security requirements are helpful in protecting employees and the consumer public from robbery and injury. The Council further finds that certain minimum security requirements are needed to protect the health, welfare, and safety of residents of, and visitors to, the City.

(Ord. No. 2000-408-E, § 1)

Sec. 177.103. - Intent.

It is the Council's intent to require convenience businesses, grocery stores, restaurants, and banks to use security devices and security measures to protect employees and the consumer public from robbery and other violent crimes. With respect to convenience businesses, it is Council's intent that security devices, measures, and standards shall be no different than those standards contained in F.S. §§ 812.173 and 812.174, under State preemption. However, it is Council's intent to also apply those security standards to grocery stores and restaurants and it is the Council's intent to require banks to enhance video surveillance. This Chapter shall not apply to Urban Services Districts 2, 3, 4 and 5.

(Ord. No. 2000-408-E, § 1)

Sec. 177.104. - Definitions.

As used in this Chapter, the following terms shall have the following meanings:

(a)

Convenience Business means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11:00 p.m. and 5:00 a.m. It does not include: a business that is solely or primarily a restaurant; a business that always has at least five employees on the premises after 11 p.m. and before 5 a.m.; a business that has at least 10,000 square feet of retail floor space; or any business in which the owner or member of the owner's family work between the hours of 11 p.m. and 5 a.m.

(b)

Grocery Store means any place of business primarily engaged in the retail sale of groceries including the sales of prepared foods or gasoline; and that is open for business at anytime between the hours of 12:00 midnight and 5:00 a.m.; and that has at least 10,000 square feet of retail floor space.

(c)

Restaurant means drive-in restaurants and fast food restaurants that are defined as follows: Drive-in: An establishment whose principal business is the sale of foods and beverages to the customer in ready-to-consume state and whose method of operation includes service by a car hop (or other means) to the customer for consumption within a motor vehicle parked on the premises. Fast food: An establishment whose principal business is the sale of foods and beverages to the customer in a ready-to-consume state for consumption either within the building or for carry-out with consumption off the premises, and whose principal method of operation includes service of foods, frozen desserts or beverages in disposable containers.

(d)

Bank means any entity having lawful authorization under the laws of Florida or any other jurisdiction to conduct a general commercial banking business. For purposes of this Chapter, the term "bank" includes credit unions, credit associations, savings and loan associations or trust companies.

(Ord. No. 2000-408-E, § 1)

PART 2. - CONVENIENCE BUSINESSES

Sec. 177.201. - Security measures for convenience businesses.

The security measures set forth in F.S. §§ 812.173 and 812.174, are hereby incorporated by reference and adopted herein.

(Ord. No. 2000-408-E, § 1)

PART 3. - GROCERY STORES AND RESTAURANTS

Sec. 177.301. - Security measures for grocery stores and restaurants.

(a)

Every grocery store and restaurant shall be equipped with the following security devices and standards:

(1)

A fully functioning and operational security camera system capable of recording and retrieving an identifiable image to assist in offender identification and apprehension.

(2)

A drop safe or cash management device for restricted access to cash receipts.

(3)

A conspicuous notice at the entrance and drive through window which states that the cash register contains a limited amount of cash.

(4)

Height markers at the entrance and exits which display height measures.

(5)

A cash management policy to limit the cash on hand at all times.

(6)

Where window(s) are present, a clear and unobstructed view from outside the building and in a normal line of sight of the cash register and sales transaction area. Where window tinting is present, it shall not reduce exterior view from a normal line of sight of the cash register and sales transaction area.

(b)

Every grocery store and restaurant shall be equipped with a silent alarm to a private security agency, unless application for an exemption, from this requirement, is made to and granted by the Jacksonville Sheriff's Office. An application for exemption must be in writing and must be accompanied by an administrative fee as found in www.jaxsheriff.org/fees, for each establishment for which an exemption would apply. The Sheriff shall review and determine whether to grant said exemption.

(c)

If a murder, robbery, sexual battery, aggravated assault, aggravated battery, or kidnapping or false imprisonment, as those crimes are identified and defined by Florida Statutes, occurs at a grocery store or restaurant after the enactment of this Chapter, and arises out of the operation of the grocery store or restaurant, that grocery store or restaurant shall implement at least one of the following enhanced security measures:

(1)

Provide at least two employees on the premises at all times after 12:00 midnight and before 5:00 a.m.; or

(2)

Install for use by employees at all times after 12:00 midnight and before 5:00 a.m., a secured safety enclosure of transparent polycarbonate or other material that meets at least one of the following minimum standards:

(i)

American Society for Testing and Materials Standard D3935 (classification PC110 B 3 0800700) and that has a thickness of at least 0.375 inches and has an impact length of at least 200 foot pounds; or

(ii)

Underwriters Laboratory Standard UL 752 for medium power small arms (level one), Bullet Resisting Equipment; or

(3)

Provide an armed security guard on the premises at all times after 12:00 midnight and before 5:00 a.m.; or

(4)

Lock the business premises throughout the hours of 12:00 midnight to 5:00 a.m., and for grocery stores, only transact business through an indirect pass-through trough, trapdoor, or window; or for restaurants, only transact business through a drive-through window; or

(5)

Close the business at all times after 12:00 midnight and before 5:00 a.m.

(d)

For purposes of this Part, any grocery store or restaurant that by this ordinance has implemented any of the security measures set forth in paragraphs (c)(1) through (5) and has maintained said measures without any occurrence or incidence of the crimes identified by subsection (c) for a period of at least 24 months immediately preceding the filing of a notice of exemption, may file with the Jacksonville Sheriff's Office a notice of exemption from these enhanced security measures specified in subsection (c). An application for exemption must be in writing and must be accompanied by an administrative fee as found in www.jaxsheriff.org/fees, for each establishment for which an exemption would apply. The Sheriff shall review and determine whether to grant said exemption. This exemption will cease to apply upon any occurrence or incidence of the crimes identified by subsection (c) above, until another 24 months pass without incident of the crimes noted in (c) above.

(Ord. No. 2000-408-E, § 1; Ord. 2017-665-E, § 11)

PART 4. - BANKS

Sec. 177.401. - Bank security.

(a)

In addition to any other security measures taken by banks, such banks shall install and maintain a video or other type of camera that is capable of recording and retrieving a clear and identifiable image to assist law enforcement personnel in offender identification and apprehension. Said camera shall be in operation at all times while the bank is open for business or during other times when the bank is occupied. Banks located within secured buildings shall be exempt from the requirements of this subsection and shall not be required to file for an exemption pursuant to subsection (b). For the purposes of this Part, secured building means a building operated by an entity other than the bank, with 24-hour on-site manned security or 24-hour camera monitoring of the building, including parking areas. Additionally, to qualify for this exemption, the bank within the secured building must not be open for business between the hours of 11:00 p.m. and 5:00 a.m.

(b)

For purposes of this Part, any bank may file with the Jacksonville Sheriff's Office a notice of exemption from the video or other type of camera security measures specified in subsection (a) above. An application for exemption must be in writing and must be accompanied by an administrative fee as found in www.jaxsheriff.org/fees, for each establishment for which an exemption would apply. The Sheriff shall review and determine whether to grant said exemption. This exemption will cease to apply upon any occurrence or incidence of the crimes identified in 177.301(c) until another 24 months pass without incident of the crimes noted in 177.301(c).

(Ord. No. 2000-408-E, § 1; Ord. 2003-220-E, § 1; Ord. 2017-665-E, § 11)

PART 5. - ENFORCEMENT

Sec. 177.501. - Enforcement; civil penalties.

(a)

Grocery stores, restaurants, banks and convenience businesses shall have one (1) year from the enactment of this ordinance to comply with the regulations set forth in this Chapter.

(b)

The violation of any provision of this Chapter by any owner or principal operator of a convenience business, grocery store, restaurant, or bank shall result in a notice of violation from the Sheriff. The Sheriff is authorized to investigate all alleged violations. Violators shall have 60 days after receipt of the notice to provide proof of compliance to the Jacksonville Sheriff's Office. If the violation continues after the 60-day period, the Sheriff shall issue a citation against the violator and the violator shall pay a civil penalty not to exceed $500. Civil penalties shall be collected by the Office of General Counsel in a court of competent jurisdiction. Violators who fail to comply with this Chapter may not obtain or renew a County or municipal occupational license until the violator is in compliance with this Chapter.

(c)

All monies received or recovered by the Sheriff, under this Chapter, shall be deposited into an account for the purpose of robbery prevention and apprehension of robbery offenders.

(d)

The Sheriff, by and through the Office of General Counsel, is given full power and authority to petition for an injunction when it is determined that the public health, safety and welfare is threatened by continued operation of a grocery store, restaurant or bank in violation of this Chapter. In an action for injunction, the Sheriff may seek a civil penalty not to exceed $500 per violation, plus attorney's fees and costs.

(e)

For purposes of this Chapter, each day that a violation continues shall be separate violation.

(Ord. 2000-408-E, § 1)

Sec. 176.105. - Labeling. Chapter 179 - MORTGAGE FORECLOSURE REGISTRATION