CONVENIENCE STORES

Houston Code of Ordinances ch. 28, art. XIII

in effect

Houston Code of Ordinances § 28-401 Definitions.

Sec. 28-401. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Convenience goods means basic food, household and/or pharmaceutical items. Convenience store means any business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline, and has less than 10,000 square feet of retail floor space. Convenience store does not include any business where there is no retail floor space accessible to the public. Drop safe means a cash management device where money can be deposited without the depositor having access to the contents. Employee means any person who is employed in consideration of direct or indirect monetary wages, commissions, or profits, any contract employee, and any other person engaged in the operation of a convenience store. Height strip means markings to aid in estimating the height of suspects. Manager means the person designated by the owner to be responsible for the daily operation of a convenience store. Owner means the person or persons who hold title to or leases property for the purpose of operating a convenience store. Police official means the chief of police or person he may designate to act as the official primarily responsible for the administration of this article or the official's designees. Registered agent means the person identified by the owner of a convenience store in the registration filed pursuant to this article that is authorized to receive on behalf of the owner any legal process and/or notice required or provided for in this article. Safety training program means the training program promulgated by the police department for convenience stores or a nationally recognized training program that includes all the training elements of the police department's training program. (Ord. No. 08-248, § 2, 3-26-08; Ord. No. 2015-820, § 25, 8-26-2015)

Houston Code of Ordinances § 28-402 Registration of convenience stores.

Sec. 28-402. - Registration of convenience stores. (a) It shall be unlawful for any person to operate a convenience store in the city that has not been registered as required by this section. No fee shall be charged for the registration required by this section. (b) The owner of a convenience store shall register by providing to the police official the following information regarding the convenience 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 the owner's interest in the property. If there is only one owner, the extent of the owner's interest is 100%; and (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 convenience 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. (c) Any change of ownership of a convenience store, including, but not limited to, the sale of the convenience store or any ownership interest therein, shall require the purchaser or transferee to update the information provided under subsection (b) of this section and to file the updated information with the police official within 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 police official that he no longer holds any ownership interest in the property. (d) The owner of a newly constructed or established convenience store shall comply with the provisions of this section not later than the thirtieth day following completion of construction or new opening of the convenience store, whichever occurs first. (e) After a convenience store complies with the provisions of this section, the police official will provide to the convenience store: (1) A registration compliance decal which shall be displayed above a public entrance door to the convenience store; and (2) A registration statement, a true and correct copy of which shall be posted in the convenience store at all times in a conspicuous place accessible at all times to the public. (f) Compliance with the requirements of this section shall be deemed to meet the requirements of 250.003 and 250.004 of the Texas Local Government Code. (Ord. No. 08-248, § 2, 3-26-08)

Houston Code of Ordinances § 28-403 Employee, manager, supervisor safety training.

Sec. 28-403. - Employee, manager, supervisor safety training. (a) All newly-hired employees, managers, and immediate supervisors of managers must complete a safety training program before reporting for duty and at least annually thereafter. Employees, managers and immediate supervisors of managers who are employed by a convenience store on the effective date of this ordinance must complete a safety training program not later than the ninetieth day following the effective date of this ordinance. (b) All persons who complete the required safety training program shall sign a statement indicating the date, time and place the safety training program was completed. The owner shall keep the statements or copies of the statements on file in the convenience store for at least two years and make them available to the police official or the health officer immediately upon request. (Ord. No. 08-248, § 2, 3-26-08)

Houston Code of Ordinances § 28-404 Trespass affidavit.

Sec. 28-404. - Trespass affidavit. The owner of a convenience store shall 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 shall be posted at the convenience store at all times in a conspicuous place accessible at all times to the public. (Ord. No. 08-248, § 2, 3-26-08)

Houston Code of Ordinances § 28-405 Security signs; height strips.

Sec. 28-405. - Security signs; height strips. (a) A convenience store shall have posted at all public exits and entrances "No Loitering" and "No Trespassing" signs in lettering two inches or larger, in English and in Spanish. Additionally, a convenience store shall post such signs on the front, sides, and rear of the convenience store. (b) A convenience store shall have height strips posted at all public exits. (Ord. No. 08-248, § 2, 3-26-08)

Houston Code of Ordinances § 28-406 Visibility.

Sec. 28-406. - Visibility. A convenience store shall maintain an unobstructed line of sight allowing a clear view of and from the cash register and sales transaction area through all windows and public access doors. 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 feet above the ground to at least six feet above the ground. (Ord. No. 08-248, § 2, 3-26-08)

Houston Code of Ordinances § 28-407 Alarm system.

Sec. 28-407. - Alarm system. (a) A convenience store shall have a silent panic or holdup alarm system for which a permit has been issued in accordance with Chapter 11 of this Code. 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 convenience store shall have posted at all public exits and entrances signs or decals indicating that a security alarm system is in use. (Ord. No. 08-248, § 2, 3-26-08)

Houston Code of Ordinances § 28-408 Drop safe.

Sec. 28-408. - Drop safe. (a) A convenience 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 convenience store shall have a cash accountability policy mandating the maximum amounts of cash that can be kept in cash registers. (c) A convenience store shall have posted at all public exits and entrances signs or decals indicating that employees cannot open the safe and that employees have minimum cash on hand. (Ord. No. 08-248, § 2, 3-26-08)

Houston Code of Ordinances § 28-409 Surveillance camera system.

Sec. 28-409. - Surveillance camera system. (a) A convenience store shall have a minimum of two color digital high-resolution surveillance cameras. One 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 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 shall be operated at all times, 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 30 days. (f) A convenience store shall have posted at all public exits and entrances signs or decals indicating that surveillance cameras are in use. (Ord. No. 08-248, § 2, 3-26-08)

Houston Code of Ordinances § 28-410 Violation.

Sec. 28-410. - Violation. Any failure to comply with any applicable provision of this article shall be an offense punishable as provided in section 1-6 of this Code. (Ord. No. 08-248, § 2, 3-26-08)

Houston Code of Ordinances § 28-411 Exterior lighting.

Sec. 28-411. - Exterior lighting. A convenience store shall be equipped with exterior lighting fixtures of sufficient intensity to illuminate every place to which customers are permitted access, including, without limitation, the exterior of the main building, storefront entrances, parking areas, and fuel pump islands, at an illumination of not less than six foot-candles (65 lux) as measured at five feet above the ground level. Exterior lighting must not be directed to illuminate a neighboring residential property. Exterior lighting must be turned on daily between sunset and sunrise. (Ord. No. 2022-307, § 3, 4-20-2022)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH28MIOFPR_ARTXIIICOSTFetched: 10/26/2026