§ 2-5-9. Retail gas pump security measures.

(a)

The following words, terms, and phrases, when used in this section, shall have the meanings set forth herein:

Gas pump shall mean a machine or device used to dispense petroleum fuel for sale to the public at retail.

Operator shall mean the person or legal entity which leases, manages, or operates a gas pump.

Owner shall mean the record title owner of the property on which a gas pump is located.

Payment card shall have the same meaning as defined in F.S. section 817.625, as amended from time to time.

Scanning device shall have the same meaning as defined in F.S. section 817.625, as amended from time to time.

(b)

Each gas pump which contains a scanning device in Charlotte County shall have affixed to or installed on the exterior of any gas pump a visible gas pump lock which requires an access key unique to each gas station location to restrict the unauthorized access of consumer payment card information. The access key shall be maintained at the gas station at all times. As an alternative to the foregoing security measure, the following security measures may be implemented to comply with this section:

(1)

A device or anti-breach system that will render the gas pump, or the scanning device in the gas pump inoperable if gas pump is accessed without proper security code entry; or

(2)

A device or system that encrypts the customer payment card information in the scanning device.

The owner or operator of any gas pump that chooses to install an alternative security measure pursuant to this section shall demonstrate compliance with this section of the Code to a county code officer or to the Charlotte County Sheriff's Office upon request.

Gas pumps that have been found in compliance with this section by the county may be appropriately marked by the county.

(c)

A security measure affixed or installed on a gas pump pursuant to subsection (b) shall be maintained by the owner or operator in good working condition at all times.

(d)

Failure to comply with this section shall constitute a violation of Charlotte County Code section 2-5-9, and shall subject the owner or operator to the code enforcement provisions and procedures provided in section 1-1-15 of the Charlotte County Code and penalties pursuant to F.S. section 125.69. A violation of this section shall be punishable by a fine of two hundred fifty dollars ($250.00) per gas station, per day. Each day that a violation exists shall constitute a separate and distinct violation and will result in an accumulation of fines beginning on the day that the initial citation is issued at a rate of two hundred fifty dollars ($250.00) per day until the owner or operator notifies the county that all gas pumps are in compliance.

(Ord. No. 2018-039, § 1, 9-25-18)