[Derived from Art. XI of Ch. V of the Charter and Ordinances, 1974]
No tank, pump or other appliance for the storage or distribution of gasoline or other motor fuel shall hereafter be placed within the boundaries of any street or public place or beneath the surface thereof; provided, however, that where any gasoline tank, pump or similar appliance is now installed within the boundaries of any street adjacent to any premises, which premises also has a frontage on another street, said tank, pump or appliance may, with the permission of the Common Council and subject to the other provisions of this Article, be removed from said location where it is now installed to another location in front of said premises within the boundaries of said other street, and provided also that where any gasoline tank, pump or similar appliance is now installed within the boundaries of any street, said tank, pump or appliance may, with the permission of the Common Council and subject to the other provisions of this Article, be removed from said location to a new location on the same side of said street within 50 feet of the former location.
Until otherwise determined by the Common Council, any such tank or pump now lawfully installed within the boundaries of any street or public place or beneath the surface thereof and in actual use may continue to be used for such purpose, subject to the requirement that the owner or lessee thereof shall obtain an annual license to use the same from and after May 1, 1929, which license shall be issued only upon the conditions hereinafter stated.
A. 
The Director of Licenses and Permits is authorized to issue an annual license to the owner or lessee of any tank or pump referred to in § 219-7 or to any person to whom the Common Council has granted permission, pursuant to the provisions of this Article, to install any curb gasoline tank or pump upon the payment of the fees as provided in Chapter 175, Fees.
B. 
No license shall be granted until all prior license fees therefor have been paid.
C. 
Before receiving a license, the applicant shall execute and deliver to the City of Buffalo his bond, with an incorporated surety company authorized to do business in the State of New York as surety, in the penal sum of $5,000, conditioned that the licensee will save the City of Buffalo harmless from all loss, cost, damage, liability and expense sustained or which may be sustained by reason of the installation, operation, maintenance, location or removal of said tank or pump within the boundaries of any street or public place or beneath the surface thereof; that the licensee will promptly pay the license fees herein provided or as hereafter fixed by ordinance until the removal of said tank or pump; that, upon the removal of any such tank or pump, he will restore the place from which it is removed and the ground, sidewalk, curb and pavement disturbed by such removal to the condition required by the Commissioner of Public Works; that he will obey all lawful orders of the City of Buffalo and its officers in reference to the use and operation of said tank or pump, and that he will remove the same when lawfully directed to do so. Such bond, before being accepted, shall be approved as to form by the Corporation Counsel and as to sufficiency by the Comptroller.
D. 
No such license shall be issued except upon the condition that it may be canceled at any time for failure to comply with the provisions of the Code of the City of Buffalo now existing or as hereafter adopted and upon the further condition that, upon the revocation by the Common Council of its consent or permission to place such tank or pump, the license above referred to shall terminate automatically.
E. 
If the applicant for such license is not the record title owner of the premises in front of which the tank or pump is located, the consent of such owner, in writing, duly acknowledged, shall be filed with the Director of Licenses and Permits before the license is issued.
No refund of any license fee or any portion thereof shall be granted except that, upon the revocation by the Common Council of its permission to place and use any tank or pump within the lines of any street or public place, the unearned portion of the license fee paid for the current year shall be returned to the licensee, provided that he has fully complied with all the ordinance requirements and lawful orders in relation to the use and operation of said tank or pump. No such refund shall be made until the tank or pump has been removed and the place where it was located restored to proper condition.
No person, firm or corporation shall use, operate or maintain any tank or pump or similar appliance for the storage or distribution of gasoline or motor fuel within the boundaries of any street or public place or beneath the surface thereof except in conformity with the provisions of this Article.