[HISTORY: Derived from Sec. 54 of Ch. IV of the Charter and
Ordinances, 1974, of the City of Buffalo. Amendments noted where applicable.]
No firm, association of persons or corporation shall place,
maintain or use any table, box, stand or other structure within the
sidewalk space of any street in the City for the sale, display or
storage of newspapers, periodicals, magazines or other printed matter.
No person shall so place or use any such stand or other structure
for said purpose without first having obtained a permit therefor as
hereinafter provided.
[Amended 5-22-1995, effective 6-2-1995; 12-9-2003, effective 12-19-2003]
The Commissioner of Permit and Inspection Services is authorized
to issue permits to individuals, but not to any firm, association
of persons or corporation, to place and use portable newsstands within
the sidewalk space of the streets of the City; subject, however, to
the following limitations and restrictions:
A.
No permit shall be granted for the use of any newsstand within the
boundaries of Main Street or Delaware Avenue.
B.
No person shall be granted a permit to use more than one portable
newsstand, nor shall any permit be issued to any person other than
a citizen of the United States who is 16 or more years of age.
C.
Portable newsstands shall be of uniform design, color and material,
to be prescribed by the Commissioner of Permit and Inspection Services.
No newsstand shall be permitted which has any lettering or advertising
painted thereon or attached thereto or any of whose dimensions is
greater than the following:
D.
Each newsstand shall be provided with a cover of the same material
of which the newsstand is built, for the protection from the elements
of the printed matter sold therefrom. Each such newsstand shall be
divided into two compartments, one of which shall be used for wrapping
paper and the storage of refuse matter, and shall be mounted on legs
four inches high.
E.
Interference with access.
(1)
No portable newsstand shall be placed or used on a sidewalk space
in any street in such manner as to obstruct or interfere with any
owner's easement of access to any premises in front of or near
which said stand is to be placed or which interferes with any lawful
right of any owner of such premises. At any time either before or
after the granting of a permit as herein provided, any owner of any
such premises may file with the Commissioner of Permit and Inspection
Services a verified notice, stating that such stand obstructs or interferes
with his easement of access or any other lawful right relating to
said premises and specifying the particular manner in which such stand
so obstructs or interferes, which notice must be accompanied by a
diagram or sketch showing the size of said premises, together with
the sidewalk area adjacent thereto and the location of the newsstand
objected to. Each owner will be presumed to have approved the use
of any such stand for which a permit has been granted prior to the
filing of such notice and until 15 days after such notice is filed
with the Commissioner of Permit and Inspection Services.
(2)
Upon receipt of any such notice, if a permit has been granted, or
if a permit has not been renewed where the applicant therefor has
been the holder of a permit hereunder for upwards of 15 years prior
to such renewal application, it shall be the duty of the Commissioner
of Permit and Inspection Services, by prescribing additional or different
conditions concerning the use of any such stand not inconsistent with
the provision of this chapter or in any other appropriate manner,
to attempt to eliminate the causes of the objections stated.
(3)
In the event that any space in front of or near the aforesaid premises
of such owner will not provide sufficient room so that such stand
will not interfere with the lawful rights of such owner, then said
permit, if issued, may be revoked by the Commissioner of Permit and
Inspection Services; or, if not issued, the application for issuance
or renewal of permit may be denied by him.
F.
No permit shall be granted and none transferred without the written
approval of the Commissioner of Public Works, Parks and Streets as
to the location of the newsstand.
G.
No souvenirs or other merchandise of any kind, except newspapers,
periodicals and magazines, shall be displayed on or sold from any
newsstand.
H.
In granting or renewing any permit, due consideration shall be given
to the responsibility and character of the applicant, and, so far
as practicable, preference shall be given to the person who, at the
time of making application for a permit, is engaged in selling newspapers
in the immediate vicinity of the location applied for.
I.
Before issuing any permit for any newsstand, the Commissioner of
Permit and Inspection Services may require the applicant to furnish
him such information and in such form as shall be prescribed. Conditions
not inconsistent with the other provisions of this chapter may be
attached to any permit granted, and other conditions consistent herewith
may be prescribed from time to time. The Commissioner of Permit and
Inspection Services, in his discretion, may revoke any permit at any
time for any violation of this chapter or when he has reason to believe
that the public welfare will be promoted thereby.
J.
Each person to whom a permit is granted shall pay to the City the sum as provided in Chapter 175, Fees. Unless sooner revoked, all permits shall expire every two years on October 31. The unearned fee on each permit which is revoked for any reason other than the misconduct of the person to whom issued shall be returned. No unearned fee for any fractional part of a month shall be returned.
K.
No permit shall be transferable as to person or location, except
with the consent of the Commissioner of Permit and Inspection Services
endorsed on said permit and except as stated elsewhere in this chapter.
It shall be the duty of each person to whom a permit is issued
pursuant to this chapter to keep the sidewalk around his stand clean
and free from refuse matter and to conduct himself and his business
in a gentlemanly, orderly and reasonably quiet manner and with as
little annoyance to the owners of adjoining properties and passersby
as may be possible. No person shall permit more than two assistants
to use or work from the newsstand for which he has received a permit.
Any person who shall violate any of the provisions of this chapter
shall be liable to a fine or penalty and the revocation of his permit.
