Ordinance 014-1989
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Sheriff Allison DeFoor
ORDINANCE NO. 014 -1989
AN: ORDINANCE CREATING CHAPTER 6.6, MONROE
COONTY CODE, TO AID IN THE PREVENTION OF
ROBBERIES AT CONVENIENCE STORES; PROVIDING
.. ~~ THE DEFINITIONS OF CONVENIENCE STORE,
< OtiNER, OPERATOR AND EMPLOYEE THEREOF; PROVID-
C) lit FOR THE REGULATION OF THE LOCATION OF
WINDOW SIGNS IN SUCH STORES, THE LOCATION OF
SALES AREAS, NOTICE OF THE AMOUNT OF ACCESSI-
BLE CASH ON THE PREMISES; PROVIDING THAT THE
PARKING LOTS OF SUCH STORES BE WELL LIGHTED;
PROVIDING THAT SUCH REGULATIONS AND REQUIRE-
MENTS 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 VIO-
LATION THEREOF; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR THE INCORPO-
RATION OF THIS ORDINANCE INTO THE MONROE
COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE.
~~EREAS, the number of assaults and robberies at convenience
food stores is increasing at an unacceptable rate; and
WHEREAS, 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
WHEREAS, documented studies 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 the
sale of good, 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 the unincorporated area of Monroe
County shall comply with the following regulations:
a) Locate any signs 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.
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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 official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office.
3
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ~~J day of JUJI'" , A.D., 1989.
(SEAL)
Attest: DANNX L. KOLllAGE, Clerk
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FILED WITH SECRETARY OF STATE:
EFFECTIVE DATE:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~~~
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AND LEGAL $tJFFff!fIIII:r.
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Attorney'. 0IIf#;e .'
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mannp lL. kolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON. FLORIDA 33050
TEL. (305) 743.9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294.4641
June 14, 1989
BRANCH OFFICE
P,O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (3051 852-9253
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No. 014-1989 creating Chapter 6.6, Monroe County Code, to
aid in the prevention of robberies at convenience stores1
etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on June 6, 1989.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board ~~unty Commissioners
By:~A
Rosalie L. Connolly Clerk
I
cc: Municipal Code Corp.
Mayor Michae'l Puto
Commissioner Wilhelmina Harvey
Commissioner Douglas Jones
Commissioner Eugene Lytton
Commissioner John Stormont
Sherifn Allison DeFoor
County 'Attorney Randy Ludacer
County Administrator Tom Brown
File
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. u.s.a.p.o. 11187.178.288
DOMESTIC RETURN RECEIPT
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PS Form 3811, Mar. 1987
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DOMESTI~ RETURN RECEIPT
Signature - Addressee
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FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 1802, The Capitol
Tallahassee, Florida 32399-0250
(904) 488-8427
June 19 , 1989
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage :
Pursuant to the provisions of Section 125 . 66 , Florida Statutes ,
this will acknowledge:
1 . Receipt of letter/s of June 14 , 1989
and certified copy/ies of , Monroe
County Ordinance( s ) No . 89-14
2 . Receipt of County Ordinance( s )
relative to:
(a)
which we have numbered
(b)
which we have numbered
3 . We have filed this/ifse ordinances in this office
on June 16 , 1989 . (2 : 05 pm)
4 . The original/duplicate copy/ies showing the filing date
is/are being returned for your records .
Sin;erely,
Liz Clou• , Chief
Bureau of Administrative Code
LC/ mb