PRINTER'S NO. 571
No. 508 Session of 1997
INTRODUCED BY McGEEHAN, STURLA, OLASZ, BOSCOLA, DeLUCA, TRELLO,
PISTELLA, HALUSKA, WOGAN, RAMOS, ITKIN, LEDERER, ROBERTS,
BELARDI, SCHRODER, GIGLIOTTI AND TRICH, FEBRUARY 12, 1997
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 12, 1997
AN ACT
1 Regulating convenience business stores; providing for security,
2 for employee training, for enforcement by the Attorney
3 General, for creation of a trust fund and for penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Convenience
8 Business Safety and Security Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Convenience business." Any place of business that is
14 primarily engaged in the retail sale of groceries, or both
15 groceries and gasoline, and that is open for business at any
16 time between the hours of 11 p.m. and 5 a.m. The term does not
17 include:
18 (1) A business that is solely or primarily a restaurant.
1 (2) A business that always has at least five employees
2 on the premises after 11 p.m. and before 5 a.m.
3 (3) A business that has at least 10,000 square feet of
4 retail floor space.
5 (4) Any business in which the owner or members of his
6 family work between the hours of 11 p.m. and 5 a.m.
7 Section 3. Convenience business security.
8 (a) Security devices and standards.--Every convenience
9 business shall be equipped with the following security devices
10 and standards:
11 (1) A security camera system capable of recording and
12 retrieving an image to assist in offender identification and
13 apprehension.
14 (2) A drop safe or cash management device for restricted
15 access to cash receipts.
16 (3) A lighted parking lot illuminated at an intensity of
17 at least two foot-candles per square foot at 18 inches above
18 the surface.
19 (4) A conspicuous notice at the entrance which states
20 that the cash register contains $50 or less.
21 (5) Window signage that allows a clear and unobstructed
22 view from outside the building and in a normal line of sight
23 of the cash register and sales transaction area.
24 (6) Height markers at the entrance of the convenience
25 business which display height measures.
26 (7) A cash management policy to limit the cash on hand
27 at all times after 11 p.m.
28 (b) Windows.--A convenience business shall not have window
29 tinting that reduces exterior or interior view in a normal line
30 of sight.
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1 (c) Law enforcement alarm.--Every convenience business shall
2 be equipped with a silent alarm to law enforcement or a private
3 security agency, unless application for an exemption is made to
4 and granted by the Attorney General. An application for
5 exemption must be in writing and must be accompanied by an
6 administrative fee of $25 for each store for which an exemption
7 would apply.
8 (d) Enhanced security.--If a murder, robbery, sexual
9 battery, aggravated assault, aggravated battery or kidnapping or
10 false imprisonment occurs or has occurred at a convenience
11 business two years prior to the date of the passage of this act
12 and arises out of the operation of the convenience business,
13 that convenience business shall implement at least one of the
14 following security measures:
15 (1) Provide at least two employees on the premises at
16 all times after 11 p.m. and before 5 a.m.
17 (2) Install for use by employees at all times after 11
18 p.m. and before 5 a.m. a secured safety enclosure of
19 transparent polycarbonate or other material that meets at
20 least one of the following minimum standards:
21 (i) American Society for Testing and Materials
22 Standard D3935 (classification PC110 B 3 0800700) and
23 that has a thickness of at least 0.375 inches and has an
24 impact strength of at least 200 foot-pounds; or
25 (ii) Underwriters Laboratory Standard UL 752 for
26 medium power small arms (level one), Bullet Resisting
27 Equipment.
28 (3) Provide a security guard on the premises at all
29 times after 11 p.m. and before 5 a.m.
30 (4) Lock the business premises throughout the hours of
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1 11 p.m. to 5 a.m., and only transact business through an
2 indirect pass-through trough, trapdoor or window.
3 (5) Close the business at all times after 11 p.m. and
4 before 5 a.m.
5 (e) Notice of exemption.--For purposes of this section, any
6 convenience business that by law implemented any of the security
7 measures set forth in subsection (d) and has maintained those
8 measures as required by the Office of Attorney General without
9 any occurrence or incidence of the crimes identified by
10 subsection (d) for a period of no less than 24 months
11 immediately preceding the filing of a notice of exemption may
12 file with the Office of Attorney General a notice of exemption
13 from these enhanced security measures. As of the date this act
14 becomes law, the Office of Attorney General will provide notice
15 to any convenience business to which a subsection (d) incident
16 has previously occurred.
17 Section 4. Training of employees.
18 The owner or principal operator of a convenience business or
19 convenience businesses shall provide proper robbery deterrence
20 and safety training by an approved curriculum to its retail
21 employees within 60 days of employment. Existing retail
22 employees shall receive training within six months of the date
23 of passage of this act. A proposed curriculum shall be submitted
24 in writing to the Attorney General with an administrative fee
25 not to exceed $100. The Attorney General shall review and
26 approve or disapprove the curriculum in writing within 60 days
27 after receipt. Approval shall be given to a curriculum which
28 trains and familiarizes retail employees with the security
29 principles, devices and measures. A curriculum shall be
30 submitted for reapproval biennially with an administrative fee
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1 not to exceed $100. Any curriculum approved by the Attorney
2 General shall be subject to reapproval two years from the
3 anniversary of initial approval and biennially thereafter.
4 Section 5. Enforcement; civil fine; Convenience Business Safety
5 and Security Trust Fund.
6 (a) Violation.--The violation of any provision of this act
7 by any owner or principal operator of a convenience business
8 shall result in a notice of violation from the Attorney General.
9 Violators shall have 30 days after receipt of the notice to
10 provide proof of compliance to the Office of Attorney General.
11 If the violation continues after the 30-day period, the Attorney
12 General may impose a civil fine not to exceed $5,000. The
13 Attorney General has the authority to investigate any alleged
14 violation and may compromise any alleged violation by accepting
15 from the owner or principal operator an amount not to exceed
16 $5,000. The Attorney General may suspend the imposition of any
17 fine conditioned upon terms the Attorney General's office in its
18 discretion deems appropriate.
19 (b) Convenience Business Safety and Security Trust Fund.--
20 There is established in the Office of Attorney General a trust
21 fund to be known as the Convenience Business Safety and Security
22 Trust Fund. Moneys deposited in the fund shall be used by the
23 Attorney General to administer and enforce the provisions of
24 this act and to develop the biennial written report to the
25 General Assembly as required by section 7. Moneys received by
26 the Attorney General pursuant to this act shall be deposited
27 into the trust fund.
28 (c) Injunction.--The Attorney General is given full power
29 and authority to petition for an injunction when it is
30 determined that the health, safety and public welfare is
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1 threatened by continued operation of a convenience business in
2 violation of this act. In any action for injunction, the
3 Attorney General may seek a civil penalty not to exceed $5,000
4 per violation, plus attorney fees and costs.
5 (d) Intergovernment agreements.--The Attorney General may
6 enter into agreements with local governments to assist in
7 enforcement. The agreements may include provision for
8 reimbursement of investigative and enforcement costs incurred by
9 the local governments.
10 Section 6. Rulemaking authority.
11 The Attorney General shall have the power to adopt rules and
12 regulations as necessary to implement the provisions of this
13 act.
14 Section 7. Report to General Assembly.
15 The Attorney General shall provide a written report to the
16 General Assembly, commencing two years following the effective
17 date of this act and biennially thereafter. The report shall
18 include, but not be limited to:
19 (1) An analysis of the effects of the provisions of this
20 act on violent crimes and burglaries at convenience business
21 locations in this Commonwealth.
22 (2) The number and nature of violations of this act
23 committed by business owners and proprietors. The names of
24 business owners and proprietors and business trade names
25 shall not be disclosed.
26 (3) Any other concerns or recommendations the Attorney
27 General may have concerning this act.
28 Section 8. Effective date.
29 This act shall take effect in six months.
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