[HISTORY: Adopted by the Common Council of the City of Buffalo 6-25-2002, effective 7-8-2002; amended in
its entirety 4-15-2008, effective 4-25-2008. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
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.
A.
All new applications shall be referred to the Department of Permit
and Inspection Services Permit Office to determine compliance with
all applicable City zoning laws and ordinances, including determination
of permitted and established use of the property location.
B.
All new applications and the renewals therefor shall be referred
to the Department of Permit and Inspection Services Inspections Division
to determine that the building meets all City and state building codes
and to determine whether the business meets and is conforming with
any and all established primary and accessory uses.
C.
All new applications and the renewals therefor shall be referred
to the Department of Fire to determine that the property location
meets all applicable New York State Fire Codes.
D.
All new applications and the renewals therefor shall be referred
to the Department of Police for its investigation regarding the moral
character of the applicant and an incident history of the property
location, with a recommendation for approval or disapproval of the
application. All recommendations for disapproval must state the reason
for such disapproval in writing.
E.
The City of Buffalo reserves the right to make unannounced, periodic
on-site inspections during business hours by any of the aforementioned
enforcement agencies to ensure compliance with all applicable laws
and ordinances.
F.
All new applications and renewals therefor subject to this chapter
shall require Common Council approval. Any license granted under this
chapter may be suspended, revoked or renewal thereof refused by the
Common Council, after notice and hearing.
A.
The owner/operator of any licensed food store shall comply with all
provisions of federal, state and local laws and ordinances relating
to the conduct of the business, use and maintenance of the premises.
B.
The owner/operator of any licensed food store shall comply with all
notices, orders, decisions and rules and regulations made by the Department
of Permit and Inspection Services.
C.
A licensed food store shall not have a commercial kitchen, and there
shall not be any on-site food consumption or public assembly at on-site
public seating areas on the premises.
E.
Operation of business.
[Added 3-21-2023, effective 3-21-2023]
(1)
Operation.
(a)
Store hours of operation must be between 7:00 a.m. and 11:00
p.m. from Sunday to Thursday and 7:00 a.m. to 12:00 a.m. on Friday
and Saturday.
(2)
Signage.
(a)
Store hours must be clearly posted for public view.
(b)
"No Loitering" signs must be posted visibly inside and outside
the store and enforced by store employees.
(c)
No public display of advertisements for electronic cigarettes,
vapor products, smoking paraphernalia, or tobacco products, within
1,500 feet of a school, pursuant to Public Health Law Article 13-F
§ 1399-DD-1.
(d)
No exterior signs advertising tobacco, gambling (lottery), or
alcohol.
(e)
Windows must be unobstructed by advertisements and any other
materials.
(f)
9.4.1 X. WINDOW SIGN: The total area of window signs may not
exceed 25% of the total area of the window.
(3)
Cleanliness.
(a)
Store interior and exterior must be clean, free, and clear of
debris and refuse.
(b)
Stores must have a trash receptacle immediately outside the
building.
(c)
Trash receptacles and dumpsters must be properly maintained
and shall not produce any refuse in excess of what can properly be
stored therein.
(d)
Store owners shall prevent refuse from rising to the level of
nuisance or becoming an environmental hazard.
(e)
Any and all graffiti must be removed within three business days.
(f)
All windows should be clean and maintained.
(4)
Sales.
(a)
No sale of single items unless manufactured to be sold as such.
(b)
No sales of any weapons or instruments used or designed to be
used, to injure or kill.
[Amended 5-2-2023, effective 5-2-2023]
(c)
All store items should be price marked and a receipt must be
available for customers upon request.
(d)
No sale, gifting or distribution of drug paraphernalia.
(e)
Stores selling alcohol must comply with NYS Alcoholic Beverage
Control Law.
(6)
Equipment.
(a)
Store must have working surveillance cameras in the interior
and exterior of the building. Footage from said cameras must be stored
for 30 days. A Buffalo SafeCam certificate of registration must be
presented upon request.
(b)
No commercial cooking equipment or preparation of food for sale
without proper City of Buffalo restaurant take-out license.
(c)
All mechanical equipment shall be maintained in compliance with
107.1.1 of the New York State Building Code.
A.
All licenses are nontransferable. All licenses issued are valid for
only the owner/operator and business location indicated on the license.
Any change in business ownership or business location requires a new
application.
B.
Said license shall expire annually on April 1 after the issuance
thereof, unless revoked by the Department of Permit and Inspection
Services for cause.
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.
A.
On or before the first day of March of each year, the Department
of Permits and Inspections Services shall forward a list of licenses
issued pursuant to this chapter, which shall expire on the first day
of April of each year.
B.
On or before the first day of May of each year, the Common Council
shall indicate to the Department, in writing, each licensee it believes
requires further investigation by the Department prior to the license
being renewed.
C.
The Common Council shall also forward to the Department any and all
information it deems to be pertinent to the Department's investigation
of the licensee.
D.
Renewal of each license that is not specifically designated by the Common Council for investigation by the Department on or before the first day of May of each year shall be subject to the renewal provisions of § 194-7 of this chapter.
E.
Renewal of each license designated for further investigation by the
Common Council shall be governed by the following provisions of this
section.
F.
If the Department determines that sufficient evidence exists to deny
the renewal of a license, the Department shall provide the licensee
with notice and an opportunity to be heard regarding the renewal of
his or her license and shall also forward a copy of said correspondence
to the Common Council for its information.
G.
The Department shall cause any hearings to be conducted in accordance with the provisions of § 194-7 of this chapter.
H.
If the Department denies the renewal of a license after notice to
the licensee and a hearing, it shall notify the Common Council of
said denial in writing forthwith.
I.
If the Department has caused a hearing to be conducted regarding
the renewal of a license, but has found that insufficient evidence
exists to deny the renewal of said license, the Department shall forward
its decision to the Common Council for final approval.
J.
If the Department, after investigation, but before conducting a hearing,
determines that insufficient evidence exists to deny the renewal of
a license that the Common Council has caused to be investigated, it
shall forward the basis of said determination to the Common Council
for its review. If the Common Council disagrees with the Department's
determination, it 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 pursuant to this chapter.
K.
If the Common Council determines after said hearing is held, and
after receipt of the recommendation of the Administrative Law Judge,
that sufficient evidence exists to deny the renewal of a license issued
pursuant to this chapter, it may deny said renewal in writing.
L.
The concurrent approval of both the Common Council and the Department
are required for the renewal of a license issued hereunder, consistent
with the provisions of this section.
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.
