§ 259.230. Surveillance cameras.
(a) Purpose. The city council finds that small businesses, business with off-sale liquor licenses, tobacco dealers, food confectionary stores, grocery stores and gasoline filling stations can become targets of opportunity for theft and violent crimes. The purpose of this section, to be known as the Magnus amendment, is to protect the public health, safety and welfare by increasing security for patrons and employees of these businesses by the use of surveillance cameras. Surveillance cameras will assist in deterring crime in and adjacent to such businesses and can provide information to assist the police in investigating crimes that do occur.
(b)
Security requirements. Every grocery store, tobacco dealer, food confectionary store and off sale liquor establishment as defined and/or regulated by Titles 10, 13, 14 and 20 of this Code shall install a security camera system of a type, number and placement approved by the licensing official and/or Minneapolis Police Department.
(c)
Secured buildings. Food confectionaries, tobacco dealers, off sale liquor stores, gasoline filling stations or grocery stores, as defined by Titles 10, 13, 14 and 20 of this Code that are situated within office, condominium, apartment or cooperative buildings shall be exempted from this section provided one (1) of the following conditions exist:
(1)
The building has a security system providing limited public access; or
(2)
The building has a surveillance camera system meeting the requirements of this section and a written agreement exists providing that the property owner or operator shall provide surveillance materials to the license holder upon request.
(d)
Materials and maintenance requirements. The licensing official shall have the authority to formulate and make readily available reasonable rules to fully implement this chapter.
(1)
Digital recording method required. The camera(s) must be capable of producing a retrievable image on digital recording video that can be made a permanent record and which can be viewed through projection or other means. Camera(s) and digital recording equipment shall be maintained in proper working order and recording twenty-four (24) hours per day. The licensing official may, through written policy, require new types of surveillance equipment as recommended and approved by the police department.
(2)
Signage required. Said establishments shall post a conspicuous sign which states that the property is under camera surveillance.
(3)
Minimum standards. The licensing official shall have the authority to formulate and make readily available reasonable rules to fully implement this chapter. Cameras shall be subject to periodic inspections by the licensing official or member of the Minneapolis Police Department.
a.
At least one (1) camera shall be positioned to record the frontal view of each person entering the business premises. This location shall be approved by the licensing official or the police department, who shall have authority to require a change in the positioning of any camera in order to achieve compliance with this section.
b.
The license holder of any gasoline filling station shall position additional cameras to record activity in exterior areas, including the simultaneous fueling locations.
(4)
Management of surveillance recording materials. Said establishments shall maintain, make available and provide surveillance recording materials to the licensing official and Minneapolis Police Department within eight (8) hours of any request. The establishment shall maintain surveillance recording materials for a period of one (1) month within the recording system before overwriting or destruction. Digital recording materials shall be marked with the accurate time and date in a method that does not interfere with the image being recorded. Proprietary formats must have appropriate player software included with all requested video copies. Copies may be created on CD, DVD, USB or any other functional digital media recommended by the manufacturer of the installed equipment.
(e)
Effective date. Establishments utilizing video tapes, film or other previously-approved means of surveillance recording at the effective date of the amendments to this section requiring digital recordings must comply with the upgraded digital requirement on or before January 1, 2014.
(f)
Summary closure due to non-functional surveillance system. The licensing official may order the emergency closure of any establishment subject to the requirements of this section that does not have a functional and compliant surveillance camera system in place within forty-eight (48) hours of written notice by the licensing official. Written notice placarded on the business premises shall constitute sufficient notice under this section. Upon request of the license holder, the licensing official shall conduct a hearing on the appeal of any such written notice within twenty-four (24) hours of such a request, to consider whether the order was issued properly and under what conditions the establishment may reopen, if any. The licensing official shall rule on the appeal at the close of the hearing. Upon verification by the licensing official that compliance with the requirements of this section has been achieved by the license holder, any emergency closure order shall be immediately abated. (96-Or-014, § 1, 3-8-96; 2005-Or-070, § 1, 8-19-05; 2013-Or-166, § 16, 12-6-13)