[Adopted 9-2-2004 by L.L. No. 9-2004]
A. 
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.
B. 
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:
(1) 
Those such establishments which are expressly allowed by the General Laws of the State of New York to so operated during such hours;
(2) 
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
(3) 
Those establishments that have six or more operable gasoline pumps.
C. 
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.
D. 
For purposes of this section, "mercantile establishment" shall be defined as a place in which goods, wares or merchandise are offered for sale.