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:
BAR
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.
BUSINESS
A bar, food store, drugstore or restaurant as defined herein.
DRUGSTORE
A premises where prescription drugs are sold at retail, together
with dry goods, food or beverages.
FOOD STORE
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.
PUBLIC NUISANCE
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.
RESTAURANT
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.
SIGNIFICANT CHANGE IN MANAGEMENT OR PROPERTY OWNERSHIP
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.
VIOLATION
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.
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.
This chapter shall become effective June 1, 1998.