[Derived from Art. XVII of Ch. VII of the Charter and Ordinances,
1974; amended in its entirety 12-12-1995, effective 12-22-1995]
Whenever used in this chapter, the following terms shall mean
and include:
Any vending machine which, upon the insertion of a coin,
token, plate or disc or key into any slot, crevice or other opening
or by the payment of any price, may be operated by the public generally
for the dispensing of food, drink, confections, candies, goods, wares
or merchandise or any other tangible property or the rendering of
any service for profit or gain, except that no license hereunder shall
be required for the maintenance or operation of:
Postage stamp machines.
Machines dispensing sanitary or hygienic articles or drinking
cups, towels or medicines, which machines are entirely owned and supplied
by the owner or operator of the premises where installed and maintained
solely for the convenience of employees, visitors or customers or
any other person.
Telephones.
Devices in which no more than $0.01 may be inserted or deposited
to operate or permit the device to function.
Devices maintained by any corporation or association or trust
or community chest, fund or foundation organized and operated exclusively
for religious, charitable or educational purposes or for the prevention
of cruelty to children or animals, no part of the net earnings of
which inures to the benefit of any private shareholder or individual
and no substantial part of the activities of which is carrying on
propaganda or otherwise attempting to influence legislation; provided,
however, that nothing in this subsection shall include an organization
operated for the primary purpose of carrying on a trade or business
for profit, whether or not all or part of its profits are payable
to one or more organizations described in this subsection.
A person, partnership, association, firm or corporation which
owns a coin-operated vending machine and displays, maintains or keeps
for operation for public use any coin-operated vending machine or
machines on any premises in the City of Buffalo.
Includes any person, firm, partnership, association or corporation
which owns any such machine or has control over such machine or in
whose place of business any such machine is placed for use by the
public.
Includes any land, structure or place in the City of Buffalo.
Includes a use which is available to the public generally
or to employees of commercial or industrial premises or to the patrons
of any premises.
A.
It shall be unlawful, from the effective date of this chapter, for
any operator to maintain or keep for public use any coin-operated
vending machine or device on any premises without first obtaining
a license therefor as herein provided.
B.
Application for such license shall be made in duplicate to the Commissioner
of Permit and Inspection Services of the City of Buffalo upon forms
to be supplied by said Director.
[Amended 12-9-2003, effective 12-19-2003]
C.
The application for such license shall be signed and sworn to by
the applicant and shall contain the following information:
(1)
The name, birth date, residence and business address of the applicant,
if an individual; if a partnership, the names, birth dates, residences
and business addresses of each partner; if a corporation, the name,
date of incorporation and state under whose laws such corporation
was organized, whether authorized to do business in the State of New
York and the names of the principal officers, directors and local
representatives and their birth dates, residences and business addresses.
(2)
Prior convictions of the applicant if an individual, of partners
if a partnership, of all officers and directors if a corporation or
of any local representatives.
(3)
The minimum and maximum number of machines to be owned, maintained,
controlled, operated or leased by the applicant and whether available
at the time of the application and shall contain a general description
of each machine.
D.
Each coin-operated vending machine or device, whether standing individually or on a rack or stand with no more than 10 other coin-operated machines or devices located on the same rack or stand, shall be considered one unit for which an annual license fee shall be required as specified in Chapter 175, Fees.
E.
In the event that any machine is destroyed or becomes unusable and
is replaced, the licensee shall, on the ensuing March 1 or June 1
or September 1 or December 1 of each year, submit a statement to that
effect to the Commissioner of Permit and Inspection Services, together
with a general description of the machine that replaced the destroyed
or unusable machine.
[Amended 12-9-2003, effective 12-19-2003]
F.
No license shall be issued to any individual unless he shall be 21
years of age or over, nor shall a license be issued to any firm, partnership
or association any of whose members are minors, nor to a corporation
any of whose officers, directors or majority stockholders are minors.
G.
One copy of the application for a license shall be referred to the
Commissioner of Police to investigate the criminal record and activities
of the applicant and shall be returned to the Commissioner of Permit
and Inspection Services with his approval or disapproval endorsed
thereon.
[Amended 12-9-2003, effective 12-19-2003]
[Amended 12-9-2003, effective 12-19-2003]
The Commissioner of Permit and Inspection Services may, after
receipt of the recommendation from the Department of Police, issue
a license in accordance with the provisions of this chapter or may
deny the application for a license.
A.
Every applicant, before being granted a license, shall pay an annual license fee as provided in Chapter 175, Fees.
B.
Every license shall expire on the first day of December next succeeding
the date of its issuance.
C.
A licensee who, after the date of his application, increases the
number of machines owned, operated, maintained or otherwise controlled
by him beyond the number specified in his original application shall,
on the ensuing March 1 or June 1 or September 1 or December 1 of each
year, pay an additional annual license fee for the specified number
at the rate herein fixed.
[Amended 4-16-1996, effective 4-29-1996; 12-9-2003, effective 12-19-2003]
Every vending machine shall have securely attached and affixed
thereto a decal or metal plate identifying the owner, his business
address and the license number issued to him by the Commissioner of
Permit and Inspection Services. Failure to display this license/decal
shall double the license fee. This shall be in addition to any other
penalty provided in the Code of the City of Buffalo or in any other
law.
[Amended 12-9-2003, effective 12-19-2003]
When the business of a licensee is sold or transferred, the
license of such licensee shall be surrendered to the Commissioner
of Permit and Inspection Services, and the purchaser or transferee
shall make application for a license in the same manner as an original
applicant.
[Amended 12-9-2003, effective 12-19-2003]
The licensee shall keep complete books and records at his place
of business to show the number and location of machines which he may
own. These books shall be available for examination and inspection
by the Commissioner of Permit and Inspection Services or other authorized
personnel for the purpose of conforming the records of the City of
Buffalo as submitted with the application or as amended from time
to time thereafter by the licensee. The licensee shall not be required
to show the inspectors or Commissioner of Permit and Inspection Services
the revenues obtained from the various machines for which he has obtained
the license.
Licenses issued under the provisions of this chapter may be renewed annually by filing a renewal application on forms furnished by the Director of Housing and Inspections. Such renewal applications shall be submitted 30 days prior to the expiration of the license. The renewal application shall require the disclosure of such information concerning the applicant's demeanor and the conduct and operation of the applicant's business during the preceding license period as is reasonably necessary to the determination by the Director of Housing and Inspections of the applicant's eligibility for a renewal license. The applicant shall pay a fee for renewal as provided in § 483-4 hereof for an original license or any modification thereof.
It is unlawful for any person to install, use or permit the installation or use of any coin-operated vending machine on any premises unless the owner of said machine has been licensed as provided in § 483-3 hereof.
[Amended 12-9-2003, effective 12-19-2003]
Every license issued under this chapter is subject to the right,
which is hereby expressly reserved, to revoke or suspend the same
should the license directly or indirectly permit the operation of
any coin-operated vending machine contrary to the provisions of this
chapter, the Code of the City of Buffalo or the laws of the State
of New York. Said license may be revoked or suspended by the Commissioner
of Permit and Inspection Services for cause after a hearing.
