[HISTORY: Adopted by the Common Council of the City of Buffalo 11-14-2006, effective 11-27-2006. Amendments
noted where applicable.]
A.
This chapter shall be known and may be cited as the "Bouncer Law
of 2006."
B.
BOUNCER
ESTABLISHMENT
PRINCIPAL DUTIES
As used in this chapter, the following terms shall have the meanings
indicated:
[Amended 12-8-2015]
Any employee whose principal duties are engaged in providing
crowd control for an establishment or providing protection and/or
security of any premises wherein alcoholic beverages are sold for
consumption on said 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.
A premises operated for profit or pecuniary gain or as a
place of assembly where alcoholic beverages are provided.
Fifty percent or more of an employee's duties on a workday.
A.
No person shall engage in providing protection and/or security of
any premises wherein alcoholic beverages are sold for consumption
on said 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, without obtaining a valid bouncer registration
card and displaying a City of Buffalo issued identification badge
as provided for under this chapter.
B.
In addition, no establishment shall employ a bouncer who does not
obtain and display a valid bouncer registration card and badge as
provided for under this chapter. All establishments that employ bouncers
within the meaning of this chapter shall keep a daily/nightly log-book
indicating and identifying all bouncers on duty each day or night.
[Amended 5-12-2015]
Application for a bouncer registration card shall be made to
the Commissioner of Permit and Inspection Services by the individual,
in writing, duly sworn to, upon forms to be furnished by the Commissioner
of Permit and Inspection Services, and shall show the individual's
name, address, telephone number, the business name(s) and addresses
where the individual provides his or her services and any other information
as may be reasonably required by the Commissioner of Permit and Inspection
Services. The applicant shall be responsible for keeping all information
provided on said forms both accurate and current and updating this
information as may be necessary and practical.
[Amended 5-12-2015]
All applications for bouncer registrations shall be referred
by the Commissioner of Permit and Inspection Services to the Commissioner
of Police, who shall promptly cause an investigation to be made into
the criminal background and moral character of the applicant. The
Commissioner of Police shall investigate and report such findings
and make a recommendation to the Commissioner of Permit and Inspection
Services as to whether or not approval and issuance of the bouncer
registration card is recommended. If approval is not recommended,
such report shall state the reasons therefor.
[Amended 5-12-2015]
A.
Upon receipt of a completed application and all necessary approvals,
the Commissioner of Permit and Inspection Services shall issue to
each applicant a bouncer registration card and a bouncer identification
badge showing a picture of the individual and the number assigned
to such individual. The bouncer identification badge shall be conspicuously
displayed and worn by such individual at all times when on duty. Such
badge shall remain the property of the City of Buffalo and shall be
surrendered upon the expiration, suspension and/or revocation of the
individual's registration.
B.
In the event that the Commissioner of Permit and Inspection Services
denies the issuance of a bouncer registration card such denial shall
be in writing and shall be provided to the applicant. No applicant
shall be denied a registration card based on the background investigation
unless there is a direct relationship between one or more of the previous
criminal offenses and the specific license or employment sought; or
the issuance of the license or the granting of the employment would
involve an unreasonable risk to property or to the safety or welfare
of specific individuals or the general public (New York Correction
Law § 752), and the Commissioner of Permit and Inspection
Services shall take into consideration the factors set forth New York
Correction Law § 753.
A.
All bouncer registrations shall expire every three years and shall
be renewed on or before said expiration date.
[Amended 12-8-2015]
B.
Any bouncer registration card issued under the chapter may be suspended,
revoked, or renewal thereof refused by the Commissioner of Permit
and Inspection Services but only after sufficient notice to the holder
of the bouncer registration card and a hearing before the Commissioner
of Permit and Inspection Services or his designee. The Commissioner
of 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 Permit and Inspection Services whether a bouncer
registration card issued under the chapter should be revoked, suspended,
or renewal thereof refused, after notice and hearing. The holder shall
be entitled to present evidence at this hearing as to why the bouncer
registration card should not be suspended, revoked, or renewal thereof
refused.
[Amended 5-12-2015]
C.
In determining whether a bouncer registration card should be suspended,
revoked, or renewal thereof refused, the Commissioner of Permit and
Inspection Services may consider all relevant facts and circumstances,
including, but not limited to, complaints received regarding the bouncer,
criminal incidents involving the bouncer, including police incident
reports, arrest information and criminal convictions and dispositions,
violations of City ordinances, including but not limited to failing
to display the identification badge while on duty, and other conduct
which threatens the public health, safety, and welfare.
[Amended 5-12-2015]
D.
Any individual whose registration card has been revoked, suspended,
or renewal thereof refused may commence a proceeding in accordance
with Article 78 of the Civil Practice Laws and Rules.
A.
Any bouncer who fails to obtain a valid bouncer registration card and/or display a valid bouncer identification card in violation of this chapter may be fined and/or imprisoned in accordance with Buffalo Charter § 1-15, and Chapter 137 of the City Code, and said penalties shall be administered pursuant to same. Each day that a violation of this chapter exists shall constitute a new and separate offense.
B.
Any establishment found to employ individuals in violation of this chapter shall be subject to fines and penalties as so designated in Chapter 137 of the City Code. Additionally, the Department of Permit and Inspection Services may conduct a hearing and review process in accordance with all applicable provisions of the Charter and Code of the City of Buffalo to determine whether any licenses it may have issued to the establishment should be revoked, suspended, or renewal thereof refused upon sufficient notice and hearing.
[Amended 5-12-2015]
C.
In instances where an establishment has been found to employ bouncers
in violation of this chapter on three or more occasions, the Department
of Permit and Inspection Services shall conduct a hearing and review
process in accordance with all applicable provisions of the Charter
and Code of the City of Buffalo to determine whether any licenses
it may have issued to the establishment should be revoked, suspended,
or renewal thereof refused upon sufficient notice and hearing.
[Amended 5-12-2015]
[Amended 5-12-2015]
Any individual possessing a valid registration card authorized
by the Department of State issued under the Security Guard Act of
1992 may provide said valid registration card to the Commissioner
of Permit and Inspection Services and be exempted from the aforementioned
application process and entitled to a nonchargeable bouncer registration
card.
If any part of this chapter shall, for any reason, be adjudged
by a court of competent jurisdiction to be invalid, such judgment
shall not impair or invalidate the remainder of this chapter.
The City of Buffalo may impose and collect a reasonable fee commensurate with the issuance and enforcement of this chapter. Said fee shall be adopted by the Common Council and be codified in Chapter 175 of the City Code.
