Whenever used in this chapter, the following terms shall mean
and include:
COIN-OPERATED VENDING MACHINE
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:
B.
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.
D.
Devices in which no more than $0.01 may be inserted or deposited
to operate or permit the device to function.
E.
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.
OPERATOR
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.
PREMISES
Includes any land, structure or place in the City of Buffalo.
PUBLIC USE
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.
[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.
[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.