[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:
No permit shall be granted for the use of any newsstand within the boundaries of Main Street or Delaware Avenue.
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.
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:
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.
Interference with access.
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.
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.
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.
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.
No souvenirs or other merchandise of any kind, except newspapers, periodicals and magazines, shall be displayed on or sold from any newsstand.
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.
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.
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.
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.