5.18.090 - Requirements for convenience stores.
A. Surveillance Camera Systems, Recordings, and Storage. The owner shall provide, maintain, and operate at least four color digital high-resolution surveillance cameras with a minimum resolution of two mega pixels, a minimum aspect ratio of one thousand nine hundred twenty horizontal pixels by one thousand eighty vertical pixels, and a minimum frame rate of fifteen frames per second. A fifth camera is required if the store is equipped with an additional entrance and exit. The owner shall also provide one or more digital video recording devices (NVR/DVR) in a secure location in the convenience store in compliance with this subsection.
1. The position of the first camera must have an overall view of the counter/register area and the other camera a view of the main entrance and exit area. The position of the second camera at the entrance and exit area must be done in a way to provide a clear and identifiable full frame view of the face of each individual filmed entering or exiting the main public entrance or exit of the store. The third camera should capture the exterior front of the business, to include parking lot area. The fourth camera should cover the sales floor leading to the beer coolers.
2. Each camera shall accurately display the date and time of the recording. Owner should review accuracy of the date and time on a regular basis or upon a system change.
3. The coverage areas of both cameras must remain unobstructed by any display, sign, or other items at all times.
4. Each camera must be operating and capable of recording at all times, including hours when the store is not open for business. Each camera must be operated in a fixed position and not in a panning motion.
5. A sign both in English and Spanish stating "STORE IS UNDER CAMERA SURVEILLANCE," in letters at least two inches high must be posted at each public entrance and exit of the convenience store and must be readable from inside and outside the store.
6. The video recording devices must be designed, equipped, and operated at a minimum to digitally record images and video from the surveillance cameras every time motion occurs in the convenience store, whether or not the store is open for business.
7. The owner or manager shall have the capability to provide the El Paso Police Department's initial responding patrol officer with digital color images and video recordings in connection with any crime investigation at or near the convenience store within fifteen minutes of the officer's dispatched arrival and within forty-eight hours if requested by a detective.
8. All digital color images and video recordings must be stored and maintained for at least thirty days.
B. Property Inspections. An owner or manager shall permit, at reasonable times upon request, representatives of the El Paso Police Department to inspect the interior and exterior of the convenience store, including but not limited to surveillance camera systems, for the purpose of ensuring compliance with this chapter.
1. An owner or manager commits an offense if, either personally or through an agent or employee, the owner or manager refuses to permit a lawful inspection of the convenience store as required by this section.
C. Alarm System. An owner shall provide, maintain, and operate an alarm system in the convenience store in compliance with Chapter 5.13 Security alarm systems of the El Paso City Code and with this section. 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 hold-up or other life-threatening emergency requiring an emergency response. A convenience store shall have posted at all public entrances and exits signs or decals both in English and Spanish indicating that a security alarm system is in use.
D. Drop Safes. An owner shall provide and maintain a drop safe on the premises of the convenience store to keep the amount of cash available to employees to a minimum. A drop safe must be bolted to the floor of the convenience store. A convenience store shall have posted at all public entrances and exits signs or decals in English and Spanish indicating that employees cannot open the safe and that employees have minimum cash on hand.
E. Security Signs. An owner shall provide, post, and maintain security signs in the convenience store. Signs stating in both English and Spanish, "NO SOLICITATION" and "NO TRESPASSING," in letters at least two inches high must be posted at each public entrance and exit of the convenience store. The signs may contain additional language as required by law and must be in a format approved by the chief of police.
F. Height Markers. Convenience stores shall install two height markers at the entry and exit doors of the business to aid in the estimation of an individual's height. These markers will be multi-colored to designate different heights. The markers must be visible and not obstructed by any display or other such covering.
G. Protection of Inventory. An owner, manager, or employee of a convenience store shall secure, lock, block, or otherwise mark off goods and inventory not available for sale in such a manner that customers cannot access such items while the store is open for business. When it is not logistically possible to secure and lock the goods or inventory, the owner or operator of a convenience store will block, cover, or mark off goods and inventory not available for sale in such a manner that customers cannot purchase such items while the store is open for business.
H. Store Visibility. The owner or manager shall provide for and 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.
I. Employee Safety Training and Telephone Access. An owner shall ensure that safety training is provided for and completed by employees of the convenience store. Each employee of a convenience store shall annually complete a safety-training program approved by the chief of police or his designee. The safety training program must include, but is not limited to, the following subjects: (1) Texas Penal Code in reference to theft and robbery chapters, (2) basic safety awareness tactics, (3) mental preparation when dealing with a theft, (4) operation of security devices, (5) knowledge of this chapter and how it pertains to their duties as a store employee, and (6) knowledge of store policies and training requirements.
1. Each employee shall annually complete the online safety-training program and test provided by the El Paso Police Department. New employees shall complete the training and test within ten days after beginning employment with the convenience store.
2. Each employee shall sign a statement indicating the date, time, and place of completion of the safety training program. Copies of each employee's statements must be maintained on file in the convenience store for as long as the employee is employed by the convenience store. The statements must be made available to the chief of police or any other peace officer immediately upon request.
3. Telephone access must be provided at each convenience store for use by employees.
J. Trespass Affidavits and Prosecution Statement. An owner of a convenience store shall execute a trespass affidavit, and statement of prosecution on a form provided by the El Paso Police Department, that authorizes the El Paso Police Department to enforce, on behalf of the owner, all applicable trespass laws on the premises of the convenience store. A true and correct copy of the trespass affidavit must be posted at the convenience store in a manner and location so that it is clearly visible to the public at all times.
(Ord. No. 19267, § 1, 12-7-2021)
