46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO BUSINESS SECURITY; PROVIDING FOR LATE-NIGHT CONVENIENCE BUSINESS SECURITY; PROVIDING A PENALTY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. LATE-NIGHT CONVENIENCE BUSINESS SECURITY--STANDARDS--PENALTY.--

A. The purpose of this section is to:

(1) prevent violent crimes and protect employees and the consuming public at late-night convenience businesses; and

(2) establish security standards for late-night convenience businesses that are uniform statewide.

B. As used in this section, "late-night convenience business" means a place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11:00 p.m. and 5:00 a.m. The term "late-night convenience business" does not include a business:

(1) that is solely or primarily a restaurant;

(2) that always has at least five employees on the premises after 11:00 p.m. and before 5:00 a.m.;

(3) that has at least ten thousand square feet of retail floor space; or

(4) in which the owner or members of the owner's family work between the hours of 11:00 p.m. and 5:00 a.m.

C. Every late-night convenience business shall be equipped with the following security devices and standards:

(1) a 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) window arrangements that allow a clear and unobstructed view from outside the building. A late-night convenience business shall not have window tinting that reduces the exterior or interior view in a normal line of sight; and

(4) height markers at the entrance that display height measures.

D. Nothing in this section prohibits the governing body of a county or municipal government from enacting security requirements that are more stringent than those contained in this section.

E. A violation of any provision of this section is a misdemeanor and shall be punished pursuant to the provisions of Section 31-19-1 NMSA 1978.