City of Hartford Police Department 50 Jennings Road Hartford

HARTFORD POLICE SHUT DOWN TWO CONVENIENCE STORES IN VIOLATION OF NEW CITY ORDINANCE

(Hartford) - Two Albany Avenue convenience stores were shut down by Hartford Police during an early morning inspection of convenience stores to determine their compliance with a new city ordinance regulating extended hours for convenience stores.

Hartford Police initiated enforcement inspections at approximately 1:00 a.m. this morning, Wednesday, March 12, 2008 at Jay's Smoke Shop, 690 Albany Avenue and the Smoker's Stop Family Grocery, located at 706 Albany Avenue. Both convenience stores were found to be operating without a license and consequently were closed by Hartford Police.

In commenting on the inspection and the closure of the two stores Hartford Police Chief Daryl K. Roberts said, "Let this send a clear message to operators of convenience stores within the City of Hartford that have not come into compliance with the new city ordinance that as the Hartford Police Department will be conducting periodic enforcement inspections they would be well served to be sure they are operating in compliance with the new ordinance."

To obtain compliance information contact the City of Hartford Division of Licenses and Inspections, 260 Constitution Plaza, Hartford, CT 06`103, telephone 860-757-9200 or click here to visit the Licenses and Inspections website.

*Editor's note: Ord. No. 06-07, adopted May 29, 2007, set out provisions intended for use as §§ 21-12--21-17. At the editor's discretion, these provisions have been included as §§ 21-101--21-106.

The city has experienced significant problems with extended hours convenience store security and illegal activity within and surrounding extended hours convenience stores in the city for several years including but not limited to problems with loitering, the illegal sale of narcotics, and other serious criminal activity.

This article is intended to aid in preventing crimes and nuisance, to protect employees of extended hours convenience stores and the consumer public at extended hours convenience stores between the hours of 11:30 p.m. and 5:00 a.m. and to establish security standards for these extended hours convenience stores that are uniform throughout the city.

The city now declares, in order to permit the development and implementation of reasonable controls that will effectively protect the public, extended hours convenience store operators and their patrons, that this article be enacted.

(Ord. No. 06-07, § 21-12, 5-29-07; Ord. No. 12-07, § 21-12, 7-9-07; Ord. No. 14-07, § 21-12, 9-24-07)

Sec. 21-102. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:

Business premises means the main structure and the property belonging to or associated with the business premises.

Extended hours convenience store means any building, structure, or grounds primarily used for the retail sale of groceries, consumables, commodities or both groceries, consumables, commodities and gasoline open for business throughout the day, but particularly between the hours of 11:30 p.m. and 5:00 a.m., or any part thereof. The term extended hours convenience store does not include:

(1) A business that is solely or primarily a restaurant.

(2) A business that has at least ten thousand (10,000) square feet of retail floor space within the main structure.

Disorderly establishment means and includes any business and business premises where acts are performed or activities are conducted or condoned, whether inside or outside the business premises, which are contrary to the rules of good order and behavior, violative of the public peace, indecent, or which tend to corrupt the morals of the community and promote criminal activity.

Owner means the person, corporation, partnership, joint venture or other entity or group enterprise licensed to do business at an extended hours convenience store at a particular location or locations, in lawful possession of said location by virtue of a deed, license, lease, sublease or other contract or agreement.

(Ord. No. 06-07, § 21-13, 5-29-07; Ord. No. 12-07, § 21-13, 7-9-07; Ord. No. 14-07, § 21-13, 9-24-07)

(a) No extended hours convenience store shall be open between the hours of 11:30 p.m. and 5:00 a.m. or any portion of that time without first applying for and receiving a license in accordance with article I of this chapter.

(b) The fee for this license will be one hundred dollars ($100.00) per annum.

(Ord. No. 06-07, § 21-14, 5-29-07; Ord. No. 12-07, § 21-14, 7-9-07; Ord. No. 14-07, § 21-14, 9-24-07)

(a) Every extended hours convenience store shall be equipped with the following security devices and standards:

(1) A fully operative security camera system capable of recording and retrieving an image to assist in offender identification and apprehension.

(2) A drop safe or cash management device for restricted access to cash receipts.

(3) A lighted parking lot illuminated at an intensity of at least two (2) foot-candles per square foot at eighteen (18) inches above the surface, if applicable.

(4) A conspicuous notice at the entrance which states that the cash register contains fifty dollars ($50.00) or less.

(5) Window signage that allows a clear and unobstructed view from outside the building and in a normal line of sight of the cash register and sales transaction area.

(6) Height markers at the entrance of the extended hours convenience store which display height measures.

(7) A cash management policy to limit the cash on hand at all times.

(b) An extended hours convenience store shall not have window tinting that reduces exterior or interior view in the normal line of sight.

(c) Every extended hours convenience store shall be equipped with a silent alarm to a central station alarm monitoring company.

(Ord. No. 06-07, § 21-15, 5-29-07; Ord. No. 12-07, § 21-15, 7-9-07)

(a) Complaint of violation. Any individual or any civic organization affected by the action or inaction of an extended hours convenience store subject to the provisions of this article may contact the Hartford Police Department to initiate a complaint.

(b) Notice of violation; order to correct; time limit for compliance. If the director of development services acting himself or by an appropriate inspector, has reason to believe, pursuant to an inspection of the premises, that an owner or agent of an extended hours convenience store has violated provisions of this article, the director or inspector shall serve a notice of violation and an order to correct such violation on the owner of record. If the owner's address is the same as the property where the violation has occurred, then a notice may be left at the time the violation is noted. The order shall require the owner to comply with the requirements of this article in the manner specified in the order within thirty (30) days of receipt of the notice.

(c) Failure to correct deficiencies. If an owner of property has been served with a notice of violation and order to correct deficiencies, and has failed to do so within thirty (30) days as determined upon subsequent inspection, the division of licenses and inspections shall cause the owner to be fined, by way of citation, one hundred dollars ($100.00) for each day that each non-compliant condition persists beyond thirty (30) days from the effective date of the order until the owner presents appropriate evidence that the cited non-compliant conditions have been corrected and the premises have been reinspected and approved.

(d) [Failure to pay.] Should an owner fail to pay, within thirty (30) days, a fine levied pursuant to this article, one (1) percent interest charges shall be applied to the outstanding balance. The interest shall accrue along with the fines and shall be compounded daily. In addition, the city may bring civil action against the debtor in a court of competent jurisdiction to recover such debt.

(e) Appeal from citation. Any owner may appeal a citation in accordance with section 1-5 of the Code.

(f) [Public safety.] In addition to the provisions for fines and other penalties herein provided, extended hours convenience stores are premises subject to public safety police details pursuant to section 29-17 of this Code.

(Ord. No. 06-07, § 21-16, 5-29-07; Ord. No. 12-07, § 21-16, 7-9-07)

(a) No owner of any extended hours convenience store shall operate his, her or its business between the hours of 11:30pm and 5:00 a.m. or any portion thereof, without a license nor allow, create, or maintain an environment that attracts or encourages criminal activity.

(b) If an extended hours convenience store owner operates his, her or its business without a license between the hours of 11:30 p.m. and 5:00 a.m. or any portion thereof, the Hartford Police Department, the director of health and human services or the director of development services has the authority to close the business and issue citations for each violation of operating without a license.

(c) If serious criminal activity, as defined by the Hartford Police Department, including, but not limited to felonious conduct or narcotics or controlled drug offenses, as defined by Connecticut Law occurs, that extended hours convenience store shall implement one of the following security measures:

(1) Provide at least two (2) employees on the premises at all times after 10:00 p.m. and before 5:00 a.m.; or

(2) Install for use by employees at all times after 10:00 p.m. and before 5:00 a.m. a secured safety enclosure of transparent polycarbonate or other appropriate material.

(d) License suspension. Upon the occurrence of any events involving serious criminal activity, or upon the recommendation of any of the agents or representatives of the City of Hartford, the director of development services may reasonably conclude that the business constitutes a disorderly establishment, and the extended hours convenience store license may be suspended for up to thirty (30) days in accordance with section 14-6 of this Code. Such license may thereafter be suspended again or may be revoked if two(2) or more serious criminal activity events occur during a twelve-month period. The director of development services may also at his discretion revoke the owner's extended hours convenience store license to operate if the taxes on the business premises are delinquent.

(e) Appeal from suspension/revocation. Any owner or person designated by the owner may appeal his, her or its suspension or revocation of the license of an extended hours convenience store in accordance with the following procedure:

(1) Any person served with a notice of suspension or revocation shall be granted a hearing on the matter before the division of licenses and inspections upon petition. Such person shall file in the office of the division of licenses and inspections a written petition requesting such hearing and setting forth a brief statement of the grounds therefor, within three (3) business days after the date notice was served. Upon receipt of such petition, the division of licenses and inspections and/or its agents shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given the opportunity to be heard and to show why such notice should be modified or withdrawn.

(2) After such hearing, the division of licenses and inspections and/or its agents shall sustain, modify or withdraw the notice, depending upon the finding as to whether the provisions of this chapter and of rules and regulations adopted pursuant thereto have been complied with. The license which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed with the division of licenses and inspections within three (3) days after such notice is served.