(A)   This section may be known as the City of Pompano Beach Business Security Code.
   (B)   Findings. The City Commission finds that businesses that are open to the public for business between the hours of 11:00 p.m. and 5:00 a.m. are at risk for robbery, burglaries and other violent crimes. The City Commission further finds that certain minimum-security requirements are helpful in protecting employees and the consumer public from robbery, burglaries and other violent crimes. The City Commission also finds that certain minimum-security requirements are needed to protect the health, welfare, and safety of residents and visitors to the city.
   (C)   Intent. It is the Commission’s intent to require businesses which are open to the public between the hours of 11:00 p.m. and 5:00 a.m., and which are exempt from the standards in F.S. § 812.173 to use security cameras to protect employees and the consumer public from robbery, burglary and other violent crimes.
   (D)   Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning:
      CONVENIENCE BUSINESS. A 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. are considered a CONVENIENCE BUSINESS . The term CONVENIENCE BUSINESS does not include:
         (a)   A business that is solely or primarily a restaurant.
         (b)   A business that always has at least five employees on the premises after 11:00 p.m. and before 5:00 a.m.
         (c)   A business that has at least 10,000 square feet of retail floor space.
         (d)   Any business in which the owner or members of his or her family work between the hours of 11:00 p.m. and 5:00 a.m.
      LATE-HOURS BUSINESS. A place of retail or commercial business that is open for business to the public at any time between the hours of 11:00 p.m. and 5:00 a.m. and which does not meet the definition for a Convenience Business.
      SECURED BUILDING. A building operated by an entity other than the said business, with 24-hour on-site security or 24-hour camera monitoring of the building, including parking areas.
   (E)   Security measures for Convenience Businesses. Establishments that meet statutory requirements of a Convenience Business as set forth in F. S. § 812.171, as amended, are hereby exempt from the requirements of this section.
   (F)   Required security measures for Late-Hours Businesses. The following security measures are required for all Late-Hours Businesses, except for Late-Hours Businesses located within Secured Buildings.
      (1)   Video or security camera system. Every Late-Hours Business shall maintain a video or security camera system that is capable of monitoring, recording and retrieving a clear and identifiable image to assist law enforcement personnel in offender identification and apprehension. Said system shall comply with all of the following standards:
         (a)   Be in operation at all times;
         (b)   Be readily viewable and accessible by employees;
         (c)   At least one camera recording the interior of the business;
         (d)   At least one camera recording any parking areas; and
         (e)   All recordings must be retained and available to police for a period of 72 hours from the date of recording;
      (2)   All window signage provided at Late-Hours Businesses must allow a clear and unobstructed view from the outside of the building and in a normal line of sight of the cash register and sales transaction area.
   (G)   Enforcement; civil penalties.
      (1)   Late-Hours Businesses required by this section to have a security camera system shall have one year from the enactment of this section to comply with the regulations set forth in this section.
      (2)   Failure to comply with any provision of this section by any owner or principal operator of a Late-Hour Business shall constitute a violation. Any law enforcement officer or Code Inspector shall be authorized to investigate all alleged violations. Upon the determination that a violation of this section exists, a law enforcement officer or Code Inspector shall:
         (a)   Issue a warning notice of the violation to both the property owner and the principal operator of the subject business at the location if different from the property owner. Violators shall have 60 days after receipt of the notice to comply with the security requirements of this section and to provide proof of compliance.
         (b)   Initiate prosecution should the violation continue after the 60-day warning period. Law enforcement officers may issue a Notice to Appear to a principal owner of the subject business for prosecution in the County Court, punishable under § 10.99. In addition, Code Enforcement Inspectors may cite the property owner for the violation to be heard before the Special Magistrate for Code Enforcement. If the property owner and business owner are the same, the city may elect prosecution of the violation in either forum, but not both.
      (3)   Violators who fail to comply with the requirements of this section may not obtain nor renew a business tax receipt with the city unless all violations of this section are brought into compliance.
      (4)   In addition to the penalties set forth in subsection (G)(2) above, the city may pursue any and all other legal remedies, including, but not limited to, injunctive relief, should the public health, safety and welfare be threatened by continued operation of a Late-Hour Business, in violation of this section.
      (5)   For purposes of this section, each day that a violation continues shall be a separate violation.
(Ord. 2008-10, passed 11-27-07; Am. Ord. 2014-54, passed 9-9-14)