HF 1097

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; requiring the use of 
  1.3             surveillance cameras for crime prevention; prescribing 
  1.4             penalties; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 299G. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [PURPOSE.] 
  1.8      The legislature finds that convenience businesses that 
  1.9   offer groceries, gasoline, and other services can become targets 
  1.10  of opportunity for theft and violent crimes.  The purpose of 
  1.11  section 2 is to protect the public health, safety, and welfare 
  1.12  by increasing security for patrons and employees of convenience 
  1.13  businesses by the use of surveillance cameras.  Surveillance 
  1.14  cameras will assist in deterring crime in and adjacent to the 
  1.15  businesses and can provide information to assist the police in 
  1.16  investigating crimes that do occur. 
  1.17     Sec. 2.  [299G.19] [CAMERA SURVEILLANCE.] 
  1.18     Subdivision 1.  [DEFINITION; CONVENIENCE BUSINESS.] As used 
  1.19  in this section, "convenience business" means a place of 
  1.20  business primarily engaged in the retail sale of groceries, or 
  1.21  both groceries and gasoline.  Convenience business does not 
  1.22  include: 
  1.23     (1) a business that is solely or primarily a restaurant; 
  1.24     (2) a business that always has at least five employees on 
  1.25  the premises; 
  2.1      (3) a business that has at least 10,000 square feet of 
  2.2   retail floor space; or 
  2.3      (4) a business in which the owner or members of the owner's 
  2.4   family work on the premises whenever the business is open.  
  2.5      Subd. 2.  [SECURITY REQUIREMENTS.] A convenience business 
  2.6   shall install a security camera in a position to protect its 
  2.7   employees.  The camera must be capable of producing a 
  2.8   retrievable image on film or tape that can be made a permanent 
  2.9   record, enlarged through projection or other means, and 
  2.10  maintained and available to police for five days before reuse or 
  2.11  destruction.  Cameras required by this subdivision must be 
  2.12  either 35-millimeter cameras or videotaping surveillance cameras 
  2.13  and must be maintained in proper working order at all times 
  2.14  during all hours of operation of the business.  A convenience 
  2.15  store shall post a conspicuous sign stating that the property is 
  2.16  under camera surveillance.  
  2.17     Subd. 3.  [SECURED BUILDINGS.] A convenience business 
  2.18  situated within an office, condominium, apartment, or 
  2.19  cooperative building is exempt from this section, if: 
  2.20     (1) the building has a security system providing limited 
  2.21  public access; or 
  2.22     (2) the building provides a concierge, doorman, or security 
  2.23  guard at the main public entry during all hours of store 
  2.24  operation. 
  2.25     Subd. 4.  [ENFORCEMENT; CIVIL FINE.] Violation of this 
  2.26  section by an owner or principal operator of a convenience 
  2.27  business shall result in a notice of violation from the attorney 
  2.28  general.  Violators have 30 days after receipt of the notice to 
  2.29  provide proof of compliance to the attorney general's office.  
  2.30  If the violation continues after the 30-day period, the attorney 
  2.31  general may impose a civil fine not to exceed $5,000.  The 
  2.32  attorney general may investigate an alleged violation and may 
  2.33  compromise an alleged violation by accepting from the owner or 
  2.34  principal operator an amount not to exceed $5,000.  The attorney 
  2.35  general may suspend the imposition of a fine conditioned upon 
  2.36  terms the attorney general's office in its discretion considers 
  3.1   appropriate.  Notices of violation and civil fines are subject 
  3.2   to section 8.31, subdivisions 2, 2a, 2b, and 2c.  
  3.3      Sec. 3.  [EFFECTIVE DATE.] 
  3.4      Sections 1 and 2 are effective August 1, 1997, for all 
  3.5   existing or proposed convenience businesses.