[Derived from Art. XV of Ch. V. of the Charter and Ordinances,
1974]
The Common Council of the City of Buffalo hereby finds and declares
that there is recognized a section of the downtown area, described
herein, wherein there is a unique character of pedestrian traffic,
retail and office activities and entertainment activities, both seasonal
and yearlong, with emphasis on pedestrian participation in said activities.
The City of Buffalo recognizes therefor a need to establish a policy
of regulating street vendors and their location and number and recognizes
a legitimate interest of the City of Buffalo in eliminating confusion
of vending activities, regulating the type of activities for pedestrian
control and in protecting the public health and welfare in the display,
serving and control of food and nonfood items on the streets of the
special district.
A.
These regulations shall apply to the Special Downtown Vending District
to be shown on maps filed in the office of the City Clerk and maintained
in the office of the Commissioner of Permit and Inspection Services.
Said Special Downtown Vending District is described as an area of
the City of Buffalo bounded as follows:
[Amended 12-9-2003, effective 12-19-2003]
(1)
Bounded on the north and west: beginning at the northwest corner
of Edward Street at its intersection with Franklin Street; thence
southerly along the west side of Franklin Street to the northwest
intersection of Franklin Street and Chippewa Street; thence westerly
along the north side of Chippewa Street to the northwest intersection
of Chippewa Street and Delaware Avenue; thence southerly along the
west side of Delaware Avenue to Niagara Square; thence around the
northerly rim of Niagara Square to the intersection of Jerge Drive;
thence along the northerly side of Jerge Drive to the westerly side
of South Elmwood; thence southerly along the west side of South Elmwood
to the southerly side of Perkins Drive; thence easterly along Perkins
Drive and around the southerly rim of Niagara Square to the southwest
corner of Delaware Avenue; thence southerly along the west side of
Delaware Avenue to the southwest corner of Church Street; thence easterly
along the south side of Church Street to the southwest corner of Pearl
Street; thence southerly along the west side of Pearl Street and continuing
along a southerly line west of the War Memorial Auditorium and to
the conclusion of Pearl Street at the northwest corner of Naval Servicemen's
Park.
(2)
Bounded on the east as follows: beginning at the northwest intersection
of Edward and Franklin Streets; thence easterly along the north side
of Goodell Street to the northwest corner of Goodell and Ellicott
Streets; thence southerly along the east side of Ellicott Street to
the northeast corner of Ellicott and Swan Streets; thence easterly
along the north side of Swan Street to the east side of Oak Street;
thence proceeding southerly along the east side of Oak Street to the
south side of Exchange Street; thence westerly along the south side
of Exchange Street to the corner of Washington Street; thence southerly
along the east side of Washington Street to its end.
B.
The area described as the Special Downtown Vending District shall
include all street area, sidewalks and areas in front of all properties,
buildings and vacant lands fronting on said boundaries.
[Amended 12-9-2003, effective 12-19-2003]
A.
Effective immediately, and on or before the first day of March of
each year hereafter, the Commissioner of Permit and Inspection Services
shall publish a master list of all sites within the downtown special
district which shall be available to street vendors, setting forth
the following information for each site:
(1)
The number of vendors to be allowed;
(2)
The type of product to be allowed (food, nonfood only or both food
and nonfood);
(3)
Any restrictions as to days or times allowed;
(4)
Whether the site is seasonal or yearlong; and
(5)
Any other pertinent information, including the place and time for
receipt of license applications.
B.
Said master list shall be submitted to the Commissioner of Permit
and Inspection Services by Buffalo Place, Inc.
C.
Thereafter, the number and types of licenses issued to vendors shall
be based on said approved listing only.
D.
In developing the master list, the Commissioner of Permit and Inspection
Services shall consult with area merchants in front of whose establishment
a site is proposed and shall consider their concerns.
A.
Upon publication of the master list, applications for licenses for
street vending in the downtown special district shall be submitted
to Buffalo Place, Inc., by all prospective licensees. The Division
of Licenses, with the assistance of Buffalo Place, Inc., shall review
all applications for completeness and shall thereupon make recommendations
to the Common Council for its approval.
C.
With the exceptions noted herein, no person, firm, corporation or
organization will be licensed to operate in the special district at
more than three sites in any year.
A.
License application requirements.
(1)
All applications for a license for vending in the downtown special
district shall include the following:
(a)
The applicants primary, secondary and third site choices.
(b)
A complete listing of all items to be sold at the locations
of choice.
(c)
Proof of insurance indemnifying the City of Buffalo against
any and all claims made as a result of the negligence of the vendor
arising out of his activities, including materials used, in an amount
to be determined by the Commissioner of Permit and Inspection Services.
[Amended 12-9-2003, effective 12-19-2003]
(d)
Notification from the Commissioner of Police that nothing contained
in any official record includes evidence that applicant's moral character
is inconsistent with a license for vending upon the public streets.
(e)
In the case of an applicant using a cart or other similar device
for the preparation and display of items, submission by the applicant,
for review by the Commissioner of Permit and Inspection Services,
of the approval of such device.
[Amended 12-9-2003, effective 12-19-2003]
(f)
Evidence of a current New York State sales tax certificate.
(g)
Evidence of health permits or other permits required by any
other statute.
(2)
All licenses granted shall state the exact location of the site,
the types of items to be sold at the licensee's site, and any limitations
as to time, place and items per the master list.
B.
In the event that multiple valid applications are received for an
identical site and the parties, together with the Commissioner of
Permit and Inspection Services, are unable to agree upon a resolution,
the Commissioner of Permit and Inspection Services shall, upon notice
to the applicants, award a license for the site in question on the
basis of a lottery, to be held in the office of the Commissioner of
Permit and Inspection Services in the presence of the interested parties.
[Amended 12-9-2003, effective 12-19-2003]
C.
The City may contract with a private organization, including Buffalo
Place, Inc., to assist in the development of standards for vending
in the special district to propose policy considerations for the maintenance
of the vending program to provide services to the City in connection
with vending activities in the special district and to provide other
services as the City may require.
A.
The Office of Licenses shall maintain a current list of sites available for temporary or daily licenses. A temporary license may be issued, which shall be for a period not to exceed 14 days. A daily license may be issued for a specific twenty-four-hour period. Applications for such license shall be submitted to the officer of Buffalo Place, Inc., no less than 10 days and no longer than 30 days in advance of the period for which such license is applied and shall conform to the requirements set forth in § 316-45 of this article. Buffalo Place, Inc., shall forward all applications to the Office of Licenses, with recommendations. The Office of Licenses shall then approve or disapprove all applications and, upon payment of all fees as indicated herein, shall issue those licenses approved by him.
[Amended 12-9-2003, effective 12-19-2003]
B.
No applicant shall receive daily licenses in any year beginning March
1 which, taken together, exceed 14 days.
[Amended 12-9-2003, effective 12-19-2003]
In the case of a special event occurring within the downtown special district, the Office of Licenses shall have the authority, upon due notice to holders of licenses within the area of the special event, to restrict or temporarily eliminate the activities of said licensees within the area of the special event for a period no longer than that during which the special event is occurring. Said restriction or temporary elimination shall be without liability to the City of Buffalo for said restriction upon or elimination of the activities of the licensee. The failure of licensee to adhere to such directive shall result in revocation of the license under § 316-49 of this article.
A.
Upon receipt of any complaint regarding the practices of licensed
vendors, said vendors shall appear before the Commissioner of Permit
and Inspection Services to answer said complaint. The Commissioner
of Permit and Inspection Services shall notify the holder of said
license by mail, at least five days in advance of said meeting, informing
the licensee of the nature of the complaint and all particulars thereof.
[Amended 12-9-2003, effective 12-19-2003]
B.
At the convening of the hearing, the licensee shall be given a full
opportunity to answer the complaint and present any information relevant
to the matter of which he has been given notice.
C.
Upon completion of the hearing, the Commissioner of Permit and Inspection
Services shall notify the licensee, within seven days of the hearing,
whether the license shall be continued for its term or revoked, and
the stated reasons therefor.
[Amended 12-9-2003, effective 12-19-2003]
D.
No applicant shall receive a license for vending within the special
district who has had a prior license revoked for cause within two
years of said revocation.
The fees as provided in Chapter 175, Fees, shall be paid by all persons granted licenses for vending in the special district.
