[HISTORY: Adopted by the Common Council of the City of Buffalo 2-17-1998, effective 3-6-1998. Amendments
noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 69.
Amusements — See Ch. 75.
Billiard and pool rooms and bowling alleys — See Ch. 92.
Dances and dance halls — See Ch. 150.
Firearms, arrows and other weapons — See Ch. 180.
Gambling — See Ch. 209.
Garbage, rubbish and refuse — See Ch. 216.
Noise — See Ch. 293.
Nuisance abatement — See Ch. 294.
Obscenity — See Ch. 299.
Peace and good order — See Ch. 313.
Promoting general welfare of minors in public places — See Ch. 343.
Smoking — See Ch. 399.
The purpose of this chapter is to establish regulatory controls
to ensure that certain businesses are operated in accordance with
law, do not have a serious negative impact upon surrounding residential
neighborhoods or do not endanger the health, safety or welfare of
persons in the City of Buffalo.
As used in this chapter, the following terms shall have the
meanings indicated:
A premises where alcoholic beverages are sold for consumption
on the premises; or a premises operated for profit or pecuniary gain
or as a place of assembly where alcoholic beverages are provided by
the operator of the premises, his or her agents, servants or employees,
or are brought onto said premises by persons assembling there.
A bar, food store, drugstore or restaurant as defined herein.
The Commissioner of Community Development or his designee.
A premises where prescription drugs are sold at retail, together
with dry goods, food or beverages.
A premises with a total floor space less than 20,000 square
feet in which 50% or more of its sales area is devoted to the sale
of food and beverage items to be consumed off the premises.
For purposes of this chapter, a public nuisance shall be
deemed to exist whenever, through violations of any of the following
provisions resulting from separate incidents at a building, erection
or place, 12 or more points are accumulated within a period of six
months or 18 or more points within a period of 12 months, in accordance
with the following point system. Where more than one violation occurs
during a single incident, the total points for the incident shall
be the highest point value assigned to any single violation.
A premises where food is sold to be consumed on the premises.
This definition shall not include a premises where a nonalcoholic
beverage or snack is available but is incidental to the conduct of
the business at the premises.
A transfer of the title of the property from one entity to
another, regardless of familial relationship or an arrangement wherein
the operation of the business is leased to, or managed by, an entity
that is not the owner.
An action as listed in § 131-8 of this chapter by any person on or about the premises holding the certificate of operation which requires the intervention of the City of Buffalo.
No person shall operate or maintain a business within the City
without first having obtained a certificate of operation authorizing
the operation of said business by said operator at the specific business
location. The certificate of operation is nontransferable. A new certificate
of operation must be obtained whenever there is a significant change
in management or property ownership. The certificate of operation
shall run indefinitely unless such a change occurs. Failure to obtain
a certificate of operation or operating a business without a certificate
of operation shall be punishable by the immediate assessment of 20
points.
An application for a certificate of operation shall be made
to the Office of Licenses on forms prescribed by the Commissioner
of Community Development. The application shall request relevant information
relating to the operator and the business to be conducted at the premises,
including whether any other licenses and permits are necessary for
the business. No other licenses or permits shall be issued until the
applicant has obtained or applied for a certificate of operation.
Upon receipt of an application for a certificate of operation,
the Director of Inspections, Licenses and Permits shall review the
entire business location (including accessory and related locations)
to ensure that the operation of the business at that location will
be in compliance with all building and zoning laws. A check shall
be made to ensure that the applicant is not serving a period of suspension
or revocation of a previous certificate of operation or is not the
subject of pending charges brought pursuant to any applicable law
of the City or the state. The Commissioner of Community Development,
the Commissioner of Police and the Commissioner of Fire may cause
an inspection of the premises to be made to determine whether the
applicant is complying with the laws and ordinances which they are
charged with enforcing. The Commissioner of Community Development,
the Commissioner of Police and the Commissioner of Fire and members
of their staff shall have the right to enter upon any premises for
which a certificate of operation is sought for the purpose of making
such an inspection during normal business hours and shall also have
the authority to seek warrants where the same are constitutionally
required.
No certificate of operation shall be issued unless the applicant
has fully complied with the provisions of this chapter. No certificate
of operation shall be issued to an applicant during the term of a
suspension or revocation of a previous certificate of operation or
while charges brought pursuant to any applicable law of the City or
the state are pending against the applicant. No person shall maintain
or operate a business for which a certificate is required under this
chapter more than 90 days after the effective date of this chapter,
unless he or she has properly filed a certificate application. Initial
certificates shall be issued or denied within 150 days after the effective
date of this chapter. Thereafter, certificates shall be issued or
denied within 30 days after an application is completed.
A.
The owner and operator of any business shall comply with all provisions
of federal, state and local laws and ordinances relating to the conduct
of businesses and the occupation, use and maintenance of the premises.
B.
The owner and operator of any business shall comply with all notices,
orders, decisions and rules and regulations made by the Commissioner
of Police, Commissioner of Fire, Commissioner of Community Development
and the City Planning Board governing the occupation and use of said
premises.
C.
The owner and operator of any business shall cause the certificate
of operation to be posted in a conspicuous place visible to the public
on the premises of the business.
D.
The owner and operator of any business shall not permit at any time
a greater number of persons on the premises than the capacity approved
by the City.
E.
The owner and operator of any business shall maintain good order
on and about the premises at all times. The premises shall include
the building in which the business is located, as well as accessory
structures and uses, including parking lots, and the land on which
the building is located. The owner and operator of any business shall
also be responsible to remove refuse and obstructions from the sidewalk
in accordance with the City Code and to operate the business so that
neither the business nor its patrons become a source of disruption
to other building tenants or on the sidewalks, streets or other private
property in the vicinity of the business. The lack of good order shall
include, but not be limited to, the following:
(1)
Suffering or permitting the premises to become disorderly, including
suffering or permitting fighting or lewdness.
(2)
Gambling.
(3)
Prostitution.
(4)
Illegal possession, use, gift, sale or offer for sale of alcoholic
beverages.
(5)
Illegal possession, use, gift, sale or offer for sale of cigarettes
or tobacco products.
(6)
Food stamp or welfare fraud or criminal diversion of prescription
medications and prescriptions.
(7)
Litter.
(8)
Possession, use, gift, sale or offer for sale of illegal drugs or
drug paraphernalia.
(9)
Noise violations.
(10)
Possession of stolen property.
(11)
Operating beyond the legal hours of operation.
(12)
Illegal possession, use, gift, sale or offer for sale of dangerous
weapons.
(13)
Unlawfully dealing with a child or allowing or permitting sexual
performances by a child.
A.
The following violations shall be assigned to a point value of six
points:
(1)
Article 220 of the Penal Law, Controlled Substances Offenses.
(2)
Article 221 of the Penal Law, Offenses Involving Marihuana.
(3)
Article 225 of the Penal Law, Gambling Offenses.
(4)
Article 230 of the Penal Law, Prostitution Offenses.
(5)
Sections 165.40, 165.45, 165.50, 165.52 and 165.54 of the Penal Law,
Criminal Possession of Stolen Property.
(6)
The Alcoholic Beverage Control Law.
(7)
Article 265 of the Penal Law, Firearms and other Dangerous Weapons.
(8)
Sections 260.20 and 260.21 of the Penal Law, Unlawfully Dealing with
a Child.
(9)
Article 263 of the Penal Law, Sexual Performance by a Child.
(10)
Section 415-a of the Vehicle and Traffic Law, Vehicle Dismantlers.
(11)
Section 175.10 of the Penal Law, Falsifying Business Records.
(12)
Sections 170.65 and 170.70 of the Penal Law, Forgery of and
Illegal possession of a Vehicle Identification Number.
(14)
Article 158 of the Penal Law, Welfare Fraud.
(15)
Article 178 of the Penal Law, Criminal Diversion of Prescription
Medications and Prescriptions.
(16)
Section 147 of the Social Services Law, Food stamp program fraud.
C.
The following violations shall be assigned a point value of three
points:
D.
For purposes of this section, a conviction for an offense in a court
of competent jurisdiction or an administrative bureau shall not be
required. Instead, the City shall prove by a preponderance of the
evidence that the violations have occurred. However, a conviction
as defined and applied in accordance with the provisions of § 1.20
of the Criminal Procedure Law, in any court of competent jurisdiction,
or a conviction or plea of guilty in the Bureau of Administrative
Adjudication shall constitute conclusive proof of a violation. Conviction
of an attempt to commit a violation of any of the specified provisions
shall be considered a conviction for a violation of the specified
provision.
Points shall be assessed against the owner, operator and business
concurrently. The Commissioner of Community Development shall have
the discretion to modify or reduce the penalty assessed an owner,
operator or business upon an investigation which reveals that the
interests of justice would be best served by releasing the liability
upon the owner, operator or business. Points assessed to a business
shall remain with the business despite any change in ownership or
operation until such time as the nuisance abatement penalty period
has expired or the Commissioner of Community Development has modified
the penalty period.
A.
In addition to the enforcement procedures established elsewhere,
the Commissioner of Community Development, after notice and opportunity
for a hearing with respect to a public nuisance, shall:
(1)
Stop the operation of the business or close the building, erection
or place to the extent necessary to abate the nuisance;
(2)
Suspend for a period not to exceed six months or revoke for a period
of one year a certificate of operation issued for such premises and
prevent the operator from obtaining a new certificate of operation
for another location for the period of suspension or revocation;
(3)
Suspend for a period not to exceed six months or revoke
for a period of one year any occupational license or permit issued
by the City related to the conduct of a business or trade at the premises,
which suspension or revocation shall also apply to any other locations
operated by the holder for which the license or permit is required;
or
(4)
Any combination of the above.
B.
Proceedings shall be commenced by service of the notice and opportunity
for a hearing within 60 days after the occurrence of the most recent
violation cited in the notice.
This chapter shall become effective June 1, 1998.
