As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY USE
Constitutes a maximum of 15% of the use of said business
establishment. In no case shall such accessory use dominate, in area,
extent or purpose, or in any way exceed 15% of the primary and main
use established by the Department of Permit and Inspection Services
for such business establishment.
COMMERCIAL KITCHEN
Cooking facilities used for the preparation of food, such
as but not limited to commercial ranges, ovens, broilers, grills,
griddles, char boilers, pizza ovens, deep-fat-frying equipment or
any other similar equipment as so determined by the Department of
Permit and Inspection Services.
DEPARTMENT
The Department of Permit and Inspection Services, the Commissioner
of Permit and Inspection Services and his or her designee acting under
the Commissioner's authority.
FOOD STORE
Any commercial establishment with a total floor space of
20,000 square feet or less, of which the primary use (85% or more)
is devoted to the sale and/or display of, but not limited to, cigarettes,
dry goods, bottled or canned beverages and prepackaged foods not prepared
on the premises. This definition shall not include residential space
that may be adjacent to such food store.
PRIMARY USE
Constitutes a minimum of 85% of the principal and main use
of the business establishment. The primary use shall be determined
and established by the Department of Permit and Inspection Services.
No person, firm, corporation or other entity shall operate,
maintain or engage in the business of operating a food store in the
City of Buffalo without first having been issued a license by the
Department of Permit and Inspection Services pursuant to a verified
written application upon a form provided by the Department.
Written complaints may be received by the Department. Upon investigation,
the Department may require a meeting with the owner/operator to determine
whether a food store license should be suspended or revoked, or whether
a license should be renewed. If outstanding complaints are not resolved,
a hearing will be held before the revocation or suspension of the
license or renewal is granted.
The license of any person, firm, corporation or other entity
granted under this chapter may be revoked, suspended or not renewed
by the Commissioner of Economic Development and Permit and Inspection
Services upon determination by the Department, after notice and hearing,
that the applicant and/or licensee does not meet the requirements
of state law, or the Charter and Code of the City of Buffalo for such
license, or such applicant and/or licensee has not operated in compliance
with such requirements. A license for a food store may not be renewed
if, after notice and hearing, it has been determined that a food store
owner/operator has not operated such food store in compliance with
this chapter or other applicable laws and codes. Such nonrenewal shall
be issued in writing and may be appealed pursuant to Article 78 of
the Civil Practice Law and Rules. The Commissioner of Economic Development
and Permit and Inspection Services may designate an Administrative
Law Judge, who shall be an attorney admitted to practice in the State
of New York for at least three years, to administer hearings held
pursuant to this chapter. Said Administrative Law Judge shall recommend
to the Commissioner of the Department of Economic Development and
Permit and Inspection Services whether a license should be revoked,
suspended, or renewal thereof refused, after notice and hearing.
Any food store operating without the required food store license
shall be immediately closed by order of the Buffalo Police Department
or the Department of Permit and Inspection Services. Every day of
operation without a license shall constitute a separate violation.
Effective January 1, 2007, any food store that provides, or
intends to provide, check-cashing services to customers for a fee
shall notify the City Clerk, in writing, of such service or intention.