Number
040176
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. DAVIS
Title
A substitute ordinance relating to required security features for currency exchanges, payday loan agencies and title loan agencies.
Sections
105-76 cr
Analysis
This ordinance provides that "convenient cash" businesses (currency exchanges, payday loan agencies and car title loan agencies) shall:
a. Limit advertising on windows and glass entrance and exit doors to allow a reasonable level of vision into the premises from outside.
b. Maintain a safe on the premises.
c. Provide lighting for the business's parking area during all hours of darkness when employes or customers are on the premises.
d. Install, maintain in proper working order and operate, during all hours the establishment is open for business, at least 2 security cameras which can produce retrievable images that can be provided to the police department within 12 hours of request.
e. Have customer entrance and exit doors that are made of glass or other transparent material.
f. Locate the customer service area (counter and registers) in such a manner that at the time of any business transaction, the employe and the customer are both visible from the sidewalk outside the establishment, provided such location can be accomplished without incurring additional cost that would not otherwise be ordinarily incurred.
g. Employ a fully operational system of alarms along the building perimeter, as well as panic alarms behind the customer service counter inside the establishment.
h. Have at least 2 representatives of the business on duty at all times within 15 minutes before and after the time the business opens, and within 15 minutes before and after the time the business closes.
i. Have all deliveries of cash to the business and pick-ups of cash from the establishment accomplished using an armored courier service whenever the amount of cash being transferred exceeds $5,000.
j. Maintain a list of the names, home addresses and home telephone numbers of all current employes of the establishment.
In addition, this ordinance requires that all managers and employes of convenient cash businesses complete, within 120 days of employment, a training course in robbery prevention provided by the police department.
Body
Whereas, In recent years, the number of licensed "convenient cash" businesses (i.e., check-cashing businesses, payday loan agencies and car title loan agencies) in the city of Milwaukee has grown dramatically; and
Whereas, While these businesses are licensed and regulated by the State of Wisconsin (ss. 138.09 and 218.05, Wis. Stats.), state regulations do not specify measures that licensed "convenient cash" businesses are required to take to ensure the safety and security of their customers and employes; and
Whereas, "Convenient cash" businesses have been the locations of several violent crimes in the city of Milwaukee, including two incidents in November, 2003, that left one person dead and two others wounded; and
Whereas, "Convenient cash" businesses typically require customers to disclose personal and financial information orally in store lobbies where other customers can overhear that information, thereby putting the privacy and safety of customers at risk; and
Whereas, "Convenient cash" businesses typically require customers to complete transactions while standing unprotected at counters; and
Whereas, The Milwaukee Common Council finds that there is a great and urgent need to enact legislation that will increase the safety and security of customers and employes of "convenient cash" businesses; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 105-76 of the code is created to read:
105-76. Convenient Cash Businesses; Security Measures. 1. DEFINITION. In this section:
a. "Convenient cash business" means any of the following:
a-1. Currency exchange, meaning, in accordance with s. 218.05, Wis. Stats., any person except banks incorporated under the laws of this state and national banks organized pursuant to the laws of the United States and any credit union operating under ch. 186, Wis. Stats., which obtains a certificate of authority from the Wisconsin commissioner of credit unions, engaged in the business of and providing facilities for cashing checks, drafts, money orders and all other evidences of money acceptable to such community currency exchange for a fee, service charge or other consideration. This term does not include any person engaged in the business of transporting for hire, bullion, currency, securities, negotiable or nonnegotiable documents, jewels or other property of great monetary value nor any person engaged in the business of selling tangible personal property at retail nor any person licensed to practice a profession or licensed to engage in any business in this state, who in the course of such business or profession and, as an incident thereto, cashes checks, drafts, money orders or other evidences of money.
a-2. Title loan agency, meaning an establishment providing loans to individuals in exchange for receiving titles to the borrowers' motor vehicles as collateral.
a-3. Payday loan agency, meaning an establishment providing loans to individuals in exchange for personal checks as collateral.
b. "Person" means an individual, firm, partnership, association, corporation or any other business entity.
2. REGULATIONS. All convenient cash businesses shall:
a. Limit advertising on windows and on glass entrance and exit doors to allow a reasonable level of vision into the premises from outside.
b. Maintain one of the following on the premises:
b-1. A safe that was in use at the convenient cash business on the effective date of this ordinance [city clerk to insert date].
b-2. A drop safe or time-release safe that weighs at least 500 pounds or which is attached to or set into the floor in a manner approved by the police department.
c. Provide lighting for the business's parking area during all hours of darkness when employes or customers are on the premises at a minimum of 2 foot-candles per square foot, unless the business is not open after sunset or before sunrise.
d. Install, maintain in proper working order and operate, during all hours the establishment is open for business, at least 2 security cameras which can produce retrievable images. These images shall be made available to the police department within 12 hours of request. Recorded images shall be kept for a minimum of 72 hours.
e. Have customer entrance and exit doors that are made of glass or other transparent material, except that a business that does not have such doors on the effective date of this ordinance [city clerk to insert date] shall have until the date that is 90 days after the effective date of this ordinance [city clerk to insert date] to install doors of this type.
f. Locate the customer service area (counter and registers) in such a manner that at the time of any business transaction, the employe and the customer are both visible from the sidewalk outside the establishment, provided such location can be accomplished without incurring additional cost that would not otherwise be ordinarily incurred. If there is no sidewalk, the customer service area (counter and registers) shall be located so that at the time of a business transaction, a person directly outside the convenient cash business has an unobstructed view of the employe and customer, if such location can be accomplished without incurring additional cost that would not otherwise be ordinarily incurred.
g. Employ a fully operational system of alarms along the building perimeter, as well as panic alarms behind the customer service counter inside the establishment.
h. Have at least 2 representatives of the business on duty at all times within 15 minutes before and after the time the business opens, and within 15 minutes before and after the time the business closes.
i. Have all deliveries of cash to the business and pick-ups of cash from the establishment accomplished using an armored courier service whenever the amount of cash being transferred exceeds $5,000.
j. Maintain a list of the names, home addresses and home telephone numbers of all current employes of the establishment. This list shall be made available to the police department within 60 minutes of request.
3. ROBBERY PREVENTION TRAINING. Managers and employes of convenient cash businesses shall be required to complete, within 120 days of employment, a training course in robbery prevention provided by the police department.
4. ENFORCEMENT; PENALTY. The police department shall enforce the provisions of this section. Any person convicted of violating any provision of this section shall, upon conviction, be subject to a forfeiture of not less than $100 nor more than $500, plus the costs of prosecution, and in default of payment thereof, shall be imprisoned in the county jail or house of correction for not more than 20 days.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
LRB04175-3
JDO
07/15/04