Sec. 14-100. - Security and access.
(a) All businesses covered under this article shall provide adequate supervision so as to prohibit the sale, giving, or furnishing of any alcohol, beer or light wine to any person visibly or noticeably intoxicated, or to any habitual drunkard, or to any person under the age of 21 years, and to otherwise provide for the safety of employees and patrons on the premises of such businesses to the extent required by state and local laws, rules, and regulations, and as further provided herein. The permittee for the sale of alcoholic beverages and/or beer or light wine, as the case may be, shall be responsible at all times for acts of manager(s) and employee(s) who are in violation of applicable local or state laws or rules and regulations, and which take place at the permitted establishment, regardless of whether the permittee is present. Management must provide adequate supervision to ensure the business's compliance with all applicable state and local laws, rules, and regulations upon the covered premises. To the extent the business causes the adjoining public rights-of-way or sidewalks to be blocked or obstructed in any way whatsoever by employees, stands, or patrons utilizing or seeking to utilize the services of such business, management must provide supervision and personnel which is adequate to remove or manage such obstruction so as to allow the public's use and enjoyment of such adjoining rights-of-way or sidewalks.
(b) If any business under this article shall have age restricted access, proper security must be in place to provide adequate supervision for the purposes stated herein and in applicable state and local laws, rules, and regulations.
(c) Except as may be altered by written plan approved pursuant to section 14-102, below, security guards shall be:
(1) Distinctively and uniformly attired; and
(2) Easily identified with business name and SECURITY printed on their shirt or uniform, with lettering in a bold color which contrasts with the color of the shirt. The shirt/uniform shall be different than any other shirt/uniform worn by non-security employees on the premises.
(3) If a private security company is used by the business that company must be insured, bonded and hold a valid business license to do business in the State of Mississippi and the City of Oxford.
(d) All patrons or employees awaiting admission to the business and obstructing any part of the public sidewalks or rights-of-way shall be placed in a line, the design of which shall be approved by the chief of police or his or her designee, so as to minimize such obstruction.
(1) Admission lines shall be designated and distinguishable for each establishment and maintained by the establishment's security, pursuant to the design approved by the chief of police or his or her designee. The location of the lines shall adhere to previous plans and/or instructions provided and approved by the chief of police or his or her designee.
(2) Businesses shall utilize a rope line or other crowd control device approved by the chief of police or his or her designee.
(3) The business shall maintain order in the line but is not required to physically confront or restrain patrons or individuals in line. If order cannot be kept in the admission line, the owner, security supervisor, or other responsible manager shall inform the Oxford Police Department immediately.
(e) Covered businesses under this article shall maintain cameras and appropriate lighting on their premises, as follows:
(1) Digital cameras shall be mounted with the ability to view the following areas:
a. All entry/exit doors;
b. All open common areas;
c. All entry/exit doors of bathroom/restrooms;
d. All entry/exit doors and the common area of any other area or room where the public is granted access by general admission, special permit, special permission or invitation;
e. A single camera may have the ability to monitor multiple areas, and in such case there need not be separate cameras mounted in each of the locations provided in sections (1)a. through (1)e., provided all such locations are monitored.
f. If there are practical impediments to the placement of cameras in the locations stated above, or if the locations noted above are insufficient to meet the stated goals of safety and security, the chief of police or his/her designee shall have the authority to determine alternate locations not listed above, based on safety and security considerations, and such considerations shall be explained and provided to the business in written form.
g. The owner or his/her designee shall have the right to appeal the location of additional cameras required by the chief of police or his or her designee, to the mayor and board of aldermen at its next regularly-scheduled meeting after the determination as to location has been made.
(2) All cameras must be working properly and maintained by the business. The chief of police or his/her designee has the authority to periodically inspect cameras and sample footage, showing day/date of usage, to ensure compliance. For purposes of inspection, the chief of police or his/her designee shall review, during regular business hours, only the minimal amount of the most recent footage to allow him or her to determine that the cameras are working properly and otherwise in compliance with this section. Such inspections shall be undertaken no more often than quarterly, unless a covered business has a demonstrated failure to comply with the requirements herein within the previous three month period, in which case such inspections may be undertaken with sufficient frequency to establish ongoing compliance with the article.
(3) All cameras must have sufficient resolution and low-light capabilities to capture clear and identifiable images of persons inside the establishment. No camera shall operate at a resolution lower than 720p. Sufficient levels of lighting shall be maintained inside the establishment to capture video footage sufficient to identify individuals, and to provide clear observation of the premises and activities by patrons on the premises, by security staff at such businesses.
(4) All cameras shall be required to operate in the record mode during regular hours of operation or any time the business is open to the public and alcohol is being sold or consumed on the business's premises. "Open to the public" shall mean accessible to individuals other than staff or employees, whether by general admission, special permit, special permission or invitation.
(5) All video recordings shall be stored or electronically retained for a minimum of seven days.
(6) If a camera, cameras, or camera recording/operating systems are found to be out of compliance due to placement or functionality, a business shall be given 30 calendar days from the date such non-compliance began, to return to compliance before being deemed a second or subsequent violation of this section.
(7) Other than minimum footage required during an inspection to determine whether the cameras are present and functioning properly, video footage shall not be required to be turned over to authorities absent a lawful order for such production.
(f) The use of electronic age verification device(s) which contain software that is reasonably expected to detect false or invalid forms of identification, enhances and deters underage drinking and the improper entry of underage individuals. Such electronic age verification device(s), capable of such detection as herein described, therefore, are required for businesses to which this article applies.
(1) Electronic age verification device(s) shall be used to verify age, at all entry points inside an establishment in the designated area, where age restricted entry is present;
(2) Electronic age verification device(s) shall be used to verify age when purchasing alcoholic beverages, unless the patron's ID has already been scanned at entry and the patron has physical proof on his or her person that such scanning has occurred. Such physical proof, however, shall not relieve any server from the responsibility of verifying age for the purchase of alcoholic beverages.
(3) Person or persons who are known to the business to be above the legal age to possess and/or consume an alcoholic beverage are not required to be scanned for age verification. The decision by a business or its employee(s) not to scan any individual because of prior experience, knowledge, or appearance of the patron shall not release the individual or business from liability hereunder if the patron who was not scanned is found in possession of or consuming an alcoholic beverage, and is found to be under the legal age for possession or consumption of alcohol. The responsibility to determine proper age shall remain at all times with the business and its employees, and nothing in this section or Article shall be read to limit such responsibility in any way.
(4) The electronic age verification device(s) shall:
a. Have the technology to read a magnetic strip card or an alternate technology capable of electronically verifying the proof of age from a valid state issued driver's license, a valid state issued identification card, a valid military identification card, and/or a valid passport;
b. Have the ability to be periodically updated with the latest information regarding valid state issued driver's licenses, identification(s) cards, military identification, and passports.
c. Display or indicate if the identification card is valid and provide the individual's age and/or date of birth.
(5) Any data collected from the electronic age verification device shall only be used for the purpose of verifying an individual's age.
(6) This data may not be retained, used, sold, or disseminated by the business for any other purpose. This includes using the data for any mailing, advertising, or promotional activities or to make any personal contact with the individual.
(7) Management shall monitor the door and prohibit promoters or employees from allowing any patrons to avoid security and the required age verification checks.
(Ord. No. 2018-17, § I, 9-4-2018; Ord. No. 2021-10, § I, 8-17-2021)
