It is hereby determined that there have been existing
within the City certain practices by mercantile establishments which,
unless regulated and controlled, will lead to a deterioration of law
and order and jeopardize the safety, health, comfort and general welfare
of the inhabitants of the City, and it is further determined that
such regulation and control properly falls within the jurisdiction
for the City Council under the police powers delegated to municipalities
by the law of the State of New York.
No mercantile establishment operating within the territorial
limits of the City shall be open for transaction of retail business
between the hours of 12:00 midnight and 5:00 a.m. on Sunday through
Thursday and 1:00 a.m. and 5:00 a.m., Friday and Saturday, without
a special business operating permit, excepting:
Those establishments whose business shall involve
primarily the sale of foodstuff and has a square footage of a minimum
of 1,500 square feet operating space; or
A violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than $500 nor more than $1,000. Said violation shall also be assessed a point value of 12 points, shall be deemed a public nuisance and shall be subject to the enforcement provisions of Chapter 205, Article III, of the Code of the City of Troy.