Berkeley Municipal Code Ch. 9.12 Video Surveillance Systems

This Chapter applies to all Off-sale liquor businesses in the City of Berkeley. (Ord. 7398-NS § 1 (part), 2015)

A. "Media" means material on which audio, video, and electronic data can be recorded for the purposes of making a permanent record to aid in a criminal investigation; that can be enlarged through projection or other means, in a format able to be utilized by the Alameda County district attorney.

B. "Off-sale liquor business" means any establishment required to obtain a Type 20 or Type 21 license issued by the state of California, Department of Alcohol Beverage Control, for the sale or consumption of beer, wine, or distilled spirits off the premises where sold.

C. "Video surveillance system" or "VSS" means a continuous digital surveillance system including cameras, cabling, monitors, and digital video recorders (DVR) that records in color with cameras and lens of a type, minimum resolution, number and location approved by the Chief of Police or their designee. This system must be capable of producing a retrievable and identifiable images and video recordings on approved media that can be enlarged through projection or other means, and can be made a permanent record for use in a criminal investigation. (Ord. 7398-NS § 1 (part), 2015)

A. Every Off-sale liquor business in the following zoning districts is hereby required to install a VSS no later than November 1, 2015:

1. C-DMU

2. C-1

3. C-T

4. C-W

5. C-SA

6. C-NS

B. Off-sale liquor businesses subject to this section that installed surveillance systems prior to the effective date of this Chapter must ensure they are in full compliance with this Chapter no later than November 1, 2015. Video surveillance systems shall be maintained in proper working order at all times and shall be in operation twenty-four hours a day, seven days a week, and shall meet the minimum technological standards established in this Chapter. (Ord. 7398-NS § 1 (part), 2015)

The VSS must be capable of delineating on playback of the system the activity and physical features of persons or areas within the premises and must be able to record such images on an approved form of media. Additional minimum technological standards required for VSSs shall be established by resolution of the City Council, which may be updated periodically. The police department shall review the VSS standards bi-annually to ensure that they are consistent with current technology, and shall recommend appropriate updates to the City Council. If a VSS is web-enabled or has wireless capability, the police department shall be provided the ability to access the VSS in a real time. (Ord. 7398-NS § 1 (part), 2015)

A VSS shall have, at a minimum, separate cameras dedicated to each register/check-out stand, entrance/exit, loading dock, and parking lot or area designated for customer and/or employee parking use. The placement of cameras included in VSSs required under this Chapter must be approved by the police department. The Chief of Police or their designee will conduct an assessment of each site required to install a VSS prior to installation, and upon approval will issue an approval notice which will be placed in plain view inside the premises. This approval notice will also inform customers and employees of the existence of the VSS. A separate notice of the VSS, in a form acceptable to the Chief of Police, shall be placed in the parking area. The establishment shall retain the continuous digital images recorded by this system for no less than thirty days. (Ord. 7398-NS § 1 (part), 2015)

A VSS shall be subject to regular inspection by the Chief of Police or their designee, who may inspect any VSS at reasonable times to determine if it conforms with this Chapter and any regulations adopted by the City Council. If a VSS does not so conform, the business is responsible for it must take immediate steps to bring it back into conformance. (Ord. 7398-NS § 1 (part), 2015)

If a crime occurs within range of an Off-sale liquor business’s VSS, or an employee believes such a crime has occurred, the Off-sale liquor business shall contact the Police Department immediately and shall provide immediate access to the Media containing the recorded event to the Police Department. (Ord. 7398-NS § 1 (part), 2015)

A. Violations of this Chapter shall be punishable under Chapters 1.20 and 1.28, and shall constitute a public nuisance.

B. Remedies under this Chapter shall be cumulative. (Ord. 7398-NS § 1 (part), 2015)

A. The City Council may by resolution adopt regulations to implement this Chapter.

B. The City Council may by resolution adopt fees to fund the implementation and administration of this Chapter. (Ord. 7398-NS § 1 (part), 2015)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed the ordinance codified in this chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this chapter would be subsequently declared invalid or unconstitutional. (Ord. 7398-NS § 1 (part), 2015)