From
Megan Mahan
Title
Ordinance Amending Chapter 29, Article VII "Convenience Store Security," of the Code of Ordinances, by adding Security Requirements to Alcoholic Beverage Stores
Presenter
Megan Mahan, City Attorney
Recommended Action
Approve
Analysis
At the most recent election, the citizens of Grand Prairie voted to allow the sale of alcohol for off-premises consumption, whereby legalizing package liquor stores within the City limits. In 2017, the City Council voted to create security requirements for convenience stores and variety/dollar stores. Because stores that sell alcohol for off-premises consumption have a similar business model to these types of stores, staff reccomends the inclusion of alcoholic beverage stores in this security ordinance.
A redlined version of the changes that were made to this ordinance are included with this communication.
Financial Consideration
none
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING CHAPTER 29, ARTICLE VIII, "CONVENIENCE STORE SECURITY," OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS, BY ADDING SECURITY REQUIREMENTS TO ALCOHOLIC BEVERAGE STORES; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the citizens of the City of Grand Prairie, Texas voted to approve the allowance of liquor stores within the City limits;
WHEREAS, the City has determined that Convenience Stores and Alcoholic Beverage Stores are similar businesses in that the typical business model includes small stores, late hours, high volume traffic, and large amounts of cash on premises;
WHEREAS, these factors create a need for a high level of security;
WHEREAS, the City desires to protect the health, safety and welfare of the citizens of the City by reducing the occurrence of crime, preventing the escalation of crime and increasing the successful prosecution of crime that occurs in Convenience Stores and Alcoholic Beverage Stores in the City; and
WHEREAS, in furtherance of this mission, the City intends to include Alcoholic Beverage Stores in the security and registration program for Convenience Stores;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Chapter 29, ARTICLE VIII: CONVENIENCE STORE SECURITY, of the Code of Ordinances of the City of Grand Prairie is hereby amended and replaced in its entirety, which should read as follows:
ARTICLE VIII. - CONVENIENCE STORE (INCLUDING VARIETY STORE) AND ALCOHOLIC BEVERAGE STORE SECURITY
Sec. 29-141. - Purpose.
The purpose of this article is to protect the health, safety and welfare of the citizens of the city by reducing the occurrence of crime, preventing the escalation of crime and increasing the successful prosecution of crime that occurs in convenience stores, including “variety” or “dollar” stores, and alcoholic beverage stores in the city. To this end, this article establishes a registration program for these types of stores and provides requirements relating to surveillance camera systems, video recording and storage systems, alarm systems, drop safes, security signs, height markers, store visibility, and trespass affidavits.
Sec. 29-142. - Definitions.
In this article:
Applicant means the owner of a Store who has applied for a certificate of registration.
Alcoholic Beverage Store means a premises which holds a non-temporary permit issued by the Texas Alcoholic Beverage Commission to sell any type of alcoholic beverage at retail to consumers for off-premises consumption. This definition specifically excludes brewpubs, distilleries and wineries, as defined by the Unified Development Code.
Chief of police means the Chief of Police of the City of Grand Prairie or his/her designee.
Certificate of registration means a certificate of registration issued by the chief of police under this article to the registrant of a Store.
Convenience store means a typically freestanding small market, often franchised, that is designed to be easily accessible, frequently offers extended service hours, that seeks to provide fast access to convenience services and the purchase of necessities, staple goods, auto and household items, (limited choice and stock) snack food, hot coffee and/or food, with or without gasoline and has less than twelve thousand (12,000) square feet of retail floor space. This definition includes retail locations commonly referred to as "dollar stores" or "variety stores."
Drop safe means a cash management device in which money may be deposited without the depositor having access to the contents.
Employee means any person listed on the payroll of a Store as an employee, whether part-time, full-time, permanent, or temporary. The term does not include a person providing only janitorial or security services to the Store.
Height marker means a measuring strip that is attached on or near the door frame of doors used for ingress and egress to the Store to aid in identifying the height of a person suspected of committing a crime. Manager means the person designated in the application as manager for the certificate of registration filed under the article.
Owner means the corporation, firm or person or persons who hold title to, leases or has a possessory interest in property for the purpose of operating a Store.
Registered agent means the person identified in the registration application filed under this article who is authorized to receive on behalf of the Store any legal process or notice required for or provided for in this article.
Registrant means the owner of a Store who has been issued a certificate of registration.
Store means Convenience Stores and Alcoholic Beverage Stores .
Sec. 29-143. - Registration of Stores.
(a) It shall be unlawful for any person or corporation to operate a Store in the city that has not been issued a certificate of registration as required by this section. No fee shall be charged for the registration required by this section. A certificate of registration for a Store is not transferable.
(b) The owner of a Store shall register by providing to the chief of police the following information regarding the Store :
(1) The name, telephone number, facsimile number and business or residence address of the owner: and, if the owner is a corporation, whether foreign or domestic, the name of the registered agent of the owner and the telephone number and facsimile number and business or residence address of the registered agent, which address information shall include the street name and number, office or suite number if a business address, and the city, state and zip code.
(2) The nature and extent of each owner's interest in the property; if there is only the owner, the extent of the owner's interest is one hundred (100) per cent.
(3) The name, telephone number, facsimile number, and business or residence address, including street name and number, city, state and zip code, of the current manager and, if the manager is other than an individual, the name, title, telephone number, facsimile number and business or residence address, including street name and number, city, state and zip code, of the individual to be contacted for any purpose under this article relating to the Store. The use of a public or private post office box or other similar address shall not be sufficient for the purposes of complying with this subsection.
(4) Any change of ownership of a Store , including, but not limited to, the sale of the Store or any ownership interest therein, shall require the purchaser or transferee to update the information provided to the chief of police and to file the updated information with the chief of police within thirty (30) days of the effective date of the ownership change. The same requirement shall apply to any change relating to the owner's registered agent and manager. A prior owner shall advise the chief of police that he no longer holds any ownership interest in the property.
(5) The owner of a newly constructed or established Store shall comply with the provisions of this section not later than the thirtieth (30th) day following opening of the Store.
(6) After a Store complies with the provisions of this section, as determined by the chief of police, the chief of police will provide to the Store:
a. A registration compliance decal which shall be displayed above a public entrance door to the Store; and
b. A certificate of registration, a true and correct copy of which shall be posted in the Store at all time in a conspicuous place accessible at all times to the public.
(c) If the chief of police determines that the application is incomplete, that the requirements of this section have not been met, or that the application contains false statements as to a material matter, the chief of police shall deny the certificate of registration and deliver written notice to the applicant that the application is denied, including in the notice the reasons for denying the application.
(d) No certificate of occupancy shall be issued for a newly constructed or established Store until the owner shall comply with the provisions of this article.
(e) Compliance with the requirements of this section shall be deemed to meet the requirements of V.T.C.A., Local Government Code §§ 250.003 and 250.004.
Sec. 29-144. - Revocation of certificate of registration.
(a) The chief may revoke a certificate of registration if any provision of this article is being violated. Before revoking a certificate of registration, the chief of police shall deliver written notice to the registrant that the certificate of registration is being considered for revocation. The notice must include the reason for the proposed revocation, action the registrant must take to prevent the revocation and a statement that the registrant has ten (10) days after the date of delivery to comply with the notice.
(b) If, after ten (10) days from the date the notice required in subsection (a) is delivered, the registrant has not complied with the notice, the chief of police shall revoke the certificate of registration and deliver written notice of the revocation to the registrant. The notice must include the reason for the revocation, the date the chief of police orders the revocation, and a statement informing the registrant of the right of appeal.
(c) The building advisory and appeals board is hereby established as the appeals board for any appeals related to the denial or revocation of a certificate of registration. If the chief of police denies issuance or renewal of a certificate of registration or revokes a certificate of registration, this action is final unless the applicant or registrant files an appeal with the city council within ninety (90) days after the decision is rendered by such the chief of police.
Sec. 29-145. - Expiration and renewal of registration.
(a) A certificate of registration for a Store expires two (2) years after the date of issuance.
(b) A certificate of registration may be renewed by making application in accordance with this article. A registrant shall apply for renewal at least thirty (30) days before the expiration of the certificate of registration.
Sec. 29-146. - Property inspections.
The registrant or the person identified in subsection 29-143(b)(3) shall permit at reasonable times upon request, city officials to inspect the interior and exterior of the Store, including but not limited to, surveillance camera systems, for the purpose of ensuring compliance with this article and other city ordinances and state and federal laws applicable to Stores. The applicant or registrant commits an offense if, either personally or through an agent or employee, the applicant or registrant refuses to permit a lawful inspection of the Store as required by this section.
Sec. 29-147. - Trespass affidavit.
The owner of a Store may execute a trespass affidavit as promulgated by the police department in order to enforce all applicable trespass laws on the owner's behalf at such property. A true and correct copy of the trespass affidavit should be posted at the Store at all times in a conspicuous place accessible at all times to the public.
Sec. 29-148. - Security signs; height markers.
(a) If the owner of a Store executes a trespass affidavit, the owner may elect to post "no trespassing/loitering" notices, provided by the city, in a prominent place on the front, sides, and rear of the Store. The notice shall be in lettering two (2) inches or larger, in English and in Spanish, and contain the following or similar language approved by the chief of police:
WARNING
NO TRESPASSING/LOITERING
THESE PREMISES ARE RESTRICTED TO STORE PATRONS
VIOLATORS ARE SUBJECT TO ARREST
(b) A Store shall have height strips posted at all public exits.
Sec. 29-149. - Visibility.
A Store shall maintain an unobstructed line of sight allowing a clear view of the cash register and sales transaction area from the parking area nearest the cash register. Such windows and doors must be clear of all items that would obstruct a clear view including, but not limited to, tinting, signage, advertisements, shelving, and merchandise. Such unobstructed line of sight must, at a minimum, extend from three (3) feet above the ground to at least six (6) feet above the ground. All signs shall comply with the standards described in Unified Development Code, article 9.
Sec. 29-150. - Alarm system.
(a) A Store shall have a silent panic or holdup alarm system for which a permit has been issued in accordance with chapter 17, article III of the Code of Ordinances. This system shall, at a minimum, include a panic button located within reach of the cash register and out of view of the customer. Such panic button will generate an alarm signal indicating a holdup or other life-threatening emergency requiring a police department response.
(b) A Store shall have posted at all public exits and entrances signs or decals indicating that a security alarm system is in use.
Sec. 29-151. - Drop safe.
(a) A Store shall have a drop safe on the premises to keep the amount of cash available to employees to a minimum. A drop safe must be bolted to the floor. A drop safe may have a time-delay mechanism to allow small amounts of change to be removed.
(b) A Store shall have a cash accountability policy mandating the maximum amounts of cash that can be kept in cash registers.
(c) A Store shall have posted, at or near the point(s) of sale, decals or signs indicating that employees cannot open the safe and that employees have minimum cash on hand.
Sec. 29-152. - Surveillance camera system.
(a) A Store shall have a minimum of two (2) color, digital, high-resolution surveillance cameras connected to a digital, high-resolution digital recorder. One (1) camera must have an overall view of the counter/register area and the other camera a view of the main entrance/exit area and both shall display the correct date and time of the recording.
(b) The entrance/exit area camera shall be placed to provide a clear and identifiable full frame of the filmed individual's face.
(c) The cameras and recording system shall be operated at all time, including hours when the store is not open for business.
(d) The owner shall provide the police department with digital color images in connection with crime investigations upon request.
(e) The owner shall maintain a library of the recorded digital images for not less than thirty (30) days.
(f) A Store shall have posted, at or near the point(s) of sale, signs or decals indicating that surveillance cameras are in use.
Sec. 29-153. - [ Reserved.]
Sec. 29-154. - Violation.
(a) It is unlawful for any registrant, owner or manager to violate any provisions of this article.
(b) Any registrant, owner, or manager not in compliance or in violation with any provisions of this article shall be an offense punishable as provided in section 1-8 of this Code of Ordinances.
SECTION 2. Severability.
If any article, section, sub-section, sentence or phrase of this Ordinance should be held to be invalid for any reason whatsoever, such invalidity shall not affect the remaining portions of this Ordinance which shall remain in full force and effect and to this end the provisions of this Ordinance are declared to be severable.
SECTION 3. Cumulative Clause.
All ordinances or parts of ordinances not consistent or conflicting with the provisions of this Ordinance are hereby repealed. Provided that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this Ordinance.
SECTION 4. Penalty Clause
Any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in an amount not to exceed two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 5. Effective Date
This ordinance shall be in full force and effect from and after its passage and publication as provided by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, JuNE 4, 2019.