Ordinance 034-1990
F! LED F r, ,- R E C 0 f\ D
Monroe County Commission
'91 JRN 18 PPl 2 25
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L. i/~GE
ORDINANCE NO. 034-1990
.
c_ '. : :~. CT. AN ORDINANCE AMENDING CHAPTER 6.4 OF THE
j,.i,Oi\:F.O:~ COUNTY,FLA'MONROE COUNTY CODE CONCERNING CONVENIENCE
FOOD STORES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE;
AND PROVIDING AN EFFECTIVE DATE.
.
WHEREAS, the legislature of the State of Florida has
promulgated the Convenience Store Security Act (Chapter 90-346,
Laws of Florida), which mandates local government compliance
therewith; and
WHEREAS, the County of Monroe, Florida, hereby amends Monroe
County Code Section 6.4 to fully comply with the mandates of
Chapter 90-346; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1.
.. _"""'iIlIiI
Monroe
County
Code
Section
6.4-1
Definitions is amended and/or added to as follows:
"3) regularly open for business at any time between
the hours of 10:00 p.m. and 5:00 a.m.; and
5) The term "convenience store" does not include a
store which is solely or primarily a restaurant.
6) The term "convenience store" does not include any
store in which the owner and members of his family work
in the store between the hours of 10:00 p.m. and 5:00
a.m. "
Section 2.
Monroe
County
Code
Section
6.4-2
Regulations is amended and/or added to as follows:
"d) Have no more than $50.00 cash available and readily
accessible to employees between the hours of 9:00 P.M.
and 6:00 A.M.
e) The parking lot of the convenience store shall be
illuminated at an intensity of 2 foot candles per
square foot with a uniformity ratio of no more than 5
to 1 at 18 inches above the surface.
f) Each convenience store shall be equipped with the
following:
(1) A silent alarm that notifies local law
enforcement or a private security agency that
a robbery is taking place.
(2) A security camera system capable of
retrieving an image to assist in the
identification and apprehension of a robber.
(3) A drop safe or cash management device
that provides minimum access to the
facility' s cash receipts.
g) Prohibit window tinting on the windows of the
establishment if such tinting reduces exterior or
interior viewing during the hours of operation to which
this act is applicable.
h) Install height markers at the entrance of the
establishment which display height measures from the
floor.
Section 3 . Monroe County Code Section 6.4-3 is amended
to read as follows :
"6.4-3. Training of employees.
No later than June 30, 1991, the owner or principal
operator of a convenience store shall provide proper
robbery deterrence and safety training to at least its
employees who work between the hours of 9 : 00 p.m. and
6 : 00 a.m. Any proposed program of training shall be
submitted in writing to the Attorney General. The
Attorney General shall review and approve or disapprove
of training programs in writing within 60 days after
receipt of a proposal describing the training to be
provided. Approval shall be given to programs which
train and familiarize store employees with the security
principles , devices and measures required by section
6.4-2 of this Ordinance. Decisions of the Attorney
General relating to approval of training programs shall
be subject to the provisions of chapter 120 , Florida
2
- ..
Statutes.
No person shall be liable for ordinary
negligence due to implementing an approved training
program, provided that the training was actually
provided.
Section 4.
Monroe County Code Section 6.4-4 - Penalties
and Enforcement is amended to read as follows:
"Sec. 6.4-4. Penalties and enforcement.
If any convenience store is found to be in violation
of any of the terms of this Ordinance, a written
notice, specifying the nature of violation(s) shall be
mailed to the owner or operator of the store. If non-
compliance with this Ordinance is corrected within 10
days after receipt of written notice no non-compliance
fee shall be assessed. However, any owner or principal
operator of a convenience store who willfully and
deliberately
violates
the
requirements
of
this
ordinance or who deliberately fails to initially
implement the requirements of this Ordinance shall be
required to pay to Monroe County government, upon
complaint filed by the County, a civil fine of up to
$5,000."
Section 5.
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 6.
. ....-
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 7.
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
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 8.
"-
This Ordinance shall be filed with the Office
of the Secretary of State of the State of Florida, but shall not
take effect until June 18, 1991.
3
Section 9.
.1:>...
The Clerk of the Board is directed to forward
a copy of Ordinance No. 014-1989, along with a copy of this
amendment, within 30 days after its adoption, to the Attorney
General of the State of Florida, as required by Chapter 90-346,
Section 4(1).
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 18th day of December, A.D., 1990.
- --
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~~'~~
Mayor airman
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By~/~
~epu er
EFFECTIVE DATE: J"'tte.. It; t,tt I
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. Attorney's Of(.'rE!
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY P.O.BOX 379
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)743-9036 KEY WEST,FLORIDA 33040 TEL.(305)852-9253
TEL.(305)294-4641
January 18, 1991
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. 034-1990 amending Chapter 6 . 4 of the Monroe County Code
concerning Convenience Food Stores, etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on December 18, 1990. Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board o ounty C mmissioners
By:
Rosalie L. C% nolly, D j. ty Clerk
cc : Attorney General of Florida (w/copy of Ord. 014-1989 )
Municipal Code Corporation
Mayor Wilhelmina Harvey
Mayor Pro Tem Jack London
Commissioner Earl Cheal
Commissioner Douglas Jones
Commissioner John Stormont
County Attorney Randy Ludacer
County Administrator Tom Brown
Si -riff Richard Roth
iiii
® SENDER: Complete items 1 and 2 when additional services are desired, and complete items I i
3and4.
Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return receipt fee will provide you the5mepf_the person delivered to and
the date of delivery. For additional fees the following services'are available.tonsult postmaster for fees
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*U.S.G.P.O.1989-238-815 DOMESTIC RETURN RECEIPT
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3 and 4. . ti
Put your address in the"RETURN TO"Space on the reverse side,. Failure to do this will prevent this card 1
✓ from being returned to you.The return receipt fee will provide you the name bf the person delivered to and
the date of delivery. For additional fees the following services are available•tConsult postmaster for fees
and check box(es) or additional servicels) requested. • . ,
1. ❑ Show to whom delivered, date, and addressee's address. ` 2. `❑ Restricted Delivery
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*U.S.G.P.0.1989-238-815
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DOMESTIC RETURN RECEIPT
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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
January 23, 1991
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 your letter of January 18, 1991 and
certified copy of Monroe County Ordinance No. 90-34, which was
filed in this office on January 23, 1991.
Si~~~ ~
Liz Cloud, Chief
Bureau of Administrative Code
LC/mb
~~
MUNICIPAL CODE CORPORATION
Supplement Departnent
PO Box 2235
HA 44 y
Tallahassee, FL 32316-2233 •:w..."
AlljAPU3 ii2WL
FEB21'91 r T
CoOE Supplement No. 41 02/20/91
1 9
bl-fx• PB
received the following material. Thank you
for your. assistance and cooperation.
pedi:Ance Nos. 034-1990 and 001-1991.
TOI
Ms. Rosalie L. Connolly
Deputy Clerk
Monroe County _
P.O. Box 1980
Key Nest, FL 33040
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1-B00-262-CUBE (National) Anc
1-B00-342-CODE (Florida) MA
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