CITY OF HALLANDALE BEACH

MEMORANDUM

DATE:                        March 6, 2009

TO:                 D. Mike Good, City Manager

FROM:            Thomas A. Magill, Chief of Police

SUBJECT: An Ordinance of the City of Hallandale Beach, Florida, Creating Article XII. Convenience Businesses Section 7-451 Through 7-452, of Chapter 7, of the Code of Ordinances of the City of Hallandale Beach, Requiring Defined Convenience Businesses to Implement Security Measures as Prescribed Herein, Providing for Issuance of Civil Notices of Code Violations of Convenience Businesses; Providing for Conflicts; Providing for Severability; and Providing for an Effective Date

PURPOSE:

To adopt an Ordinance creating Article XII Convenience Business, Sections 7-460 through 7-465 in Chapter 7 requiring defined Convenience Businesses to implement security measures.

BACKGROUND:

Florida State Statute 812.1701-812.175 requiring a standardized set of security procedures at businesses defined as convenience businesses already exists, but there is literally one individual at the Florida Attorney General’s Office who is responsible for pursuing all violations of this statute statewide.  Due to limited resources at the Florida Attorney General’s Office to pursue violations of this Statute statewide, they are encouraging local municipalities to enact Ordinances providing for local enforcement.

DISCUSSION:

Staff anticipates that the Ordinance will be of significant benefit to residents and visitors alike.  Specifically, the Statute on which the Ordinance is based requires certain minimum security procedures at all convenience businesses.  For convenience businesses where certain violent crimes have previously occurred, enhanced security measures are required.  A review of City occupational licenses has revealed approximately 23 businesses that may, depending on their size, specific ownership structure, and operating hours, fall under the Statute proposed Ordinance. By enacting an Ordinance that essentially mirrors the State Statute, the City can more efficiently enforce these requirements to enhance public safety.

Primary responsibility for the inspections and enforcement action will lie with the Police Department.  The state requires a specific certification for Convenience Business Inspectors. Certified members of our Community Partnerships Unit have been conducting inspections under the State Statute since 1993 but have only been able to refer violations to the State with mixed results on enforcement at the State level.  With the enactment of this Ordinance, staff will be able to not only inspect, but also cite violators and increase compliance with the security requirements. 

It should also be noted that the Ordinance includes a thirty-day cure period between the time a violation is discovered before any enforcement action would be taken.   Accordingly, business owners would be provided an opportunity to come into compliance before any enforcement action would be taken.

In the event enforcement action is required, matters will be referred to the City’s Special Magistrate as are other civil code violations.  The Development Services Department has been consulted on this issue and is in agreement.

RECOMMENDATION:

The City Commission adopt the Ordinance on First Reading and set Second Reading for April 1, 2009.

Reviewed:

_______________________________                                                          __________

D. Mike Good, City Manager                                                                           Date

_____Approved                _____Disapproved                _____Hold for Discussion