Effective ninety (90) days from the date of enactment of this article, the following permanent safety measures shall be required of any late night retail establishment operating within the city limits of the City of Tucson:
(1) All glass on doors, and all glass that lies above thirty-six (36) inches from the floor of the late night retail establishment and below eighty-four (84) inches from the floor of the late night retail establishment, shall be free of all signage, posters, merchandise displays or window coverings. This requirement shall not apply to non-advertising signs or notices that are:
a. Required by any provision(s) of federal, state or local law to be placed within the areas set forth above; or
b. Intended to deter or reduce late night retail establishment crime or otherwise to promote the safety of employees and the general public.
However, with respect to exception (a), the chief of police may require such modifications (including but not necessarily limited to repositioning or reduction in size) as do not conflict with such federal, state or local provision(s) and will minimize the negative effect of the sign or notice on an observer's view into the establishment. With respect to exception (b), if the chief of police finds that the size or placement of any particular sign or notice unreasonably obstructs or otherwise affects an observer's view into the establishment, the chief of police may order that the sign or notice be repositioned, reduced in size, or otherwise modified, or may order its removal.
(2) All doors through which the late night retail establishment normally grants the public access shall be equipped with height markers showing feet and half-feet measured from the floor.
(3) The owner or operator of the late night retail establishment shall provide and operate an employee safety and crime prevention training program for its employees.
All employees of the late night retail establishment who enter into employment subsequent to the ninetieth day from the date of enactment of this article shall, within thirty (30) days of entering into employment, complete the training program. All employees of the late night retail establishment who have entered into employment prior to or on the ninetieth day from the date of enactment of this article shall complete the training program within one hundred eighty (180) days from the date of enactment of this article; provided that, where a late night retail establishment has provided an employee with safety and crime prevention training within one (1) year prior to the date of enactment of this article, as demonstrated by written records, the late night retail establishment shall not be required to repeat the training for that employee.
(4) The late night retail establishment shall be equipped with a minimum of one (1) properly installed, positioned, operated and maintained security camera, which shall be capable, under the normal lighting and operating conditions at the particular establishment, of recording and reproducing a color photographic image of persons at or near the cash register of sufficient clarity and recognizability for suspect identification and for introduction in evidence at a criminal trial or hearing, notwithstanding any enlargement or other necessary technical processing of the original image.
If a still camera is used, it shall, in addition to meeting the preceding requirements, be capable of being tripped from the cash register or by other electronic means and thereafter recording a series of images, and, unless otherwise specifically approved by the chief of police, shall be appropriately concealed.
Late night retail establishments shall modify their cash register layout and display racks, and modify, reduce or supplement their counter or overhead indoor lighting, as necessary to meet the requirements of this paragraph.
The chief of police is authorized to and shall promulgate rules and regulations for the implementation of this paragraph, including but not limited to technical specifications for security cameras, their film or videotape, their necessary ancillary equipment and accessories, and their maintenance and operation.
No late night retail establishment shall be in compliance with this article unless its security camera system also conforms to such rules and regulations.
(Ord. No. 8066, § 1, 6-14-93)