[Amended 5-13-2002 by Ord. No. 2002-5; 1-13-2003 by Ord. No.
2003-1; 2-12-2007 by L.L. No. 2-2007]
The purpose of this article is to establish
regulatory controls to ensure that certain businesses are operated
in accordance with law, do not have a serious negative impact upon
surrounding residential neighborhoods or do not endanger the health,
safety or welfare of persons in the City of Schenectady.
[Amended 4-13-2015 by Ord. No. 2015-04]
As used in this article, the following terms
shall have the meanings indicated:
A premises as defined by § 264-2 of the City of Schenectady Zoning Ordinance.
[Added 2-13-2023 by Ord. No. 2023-01]
A premises where alcoholic beverages are sold for consumption
on the 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, their agents or employees, or are brought
onto said premises by persons assembling there.
[Amended 2-13-2023 by Ord. No. 2023-01]
A banquet facility, bar, cannabis and/or tobacco retail and
consumption business, convenience store, drugstore, private club or
lodge, restaurant, or second dealer store as defined herein.
[Amended 2-13-2023 by Ord. No. 2023-01]
A premises where cannabis, cannabinoid, nicotine, or tobacco
products are sold for consumption on the premises; or where these
products, or related paraphernalia, are the primary source of income
at retail. Such premises include cannabis or tobacco retail stores,
smoke shops, vape shops, hookah lounges, consumption lounges and the
like.
[Added 2-13-2023 by Ord. No. 2023-01]
A retail outlet with a total floor space less than 10,000
square feet, which stocks a range of everyday items, a list of which
may include, but is not limited to, groceries, snack foods, candy,
toiletries, soft drinks, and newspapers.
A premises where prescription drugs are sold at retail, together
with dry goods, food or beverages.
A premises as defined by § 264-2 of the City of Schenectady Zoning Ordinance and where food or alcohol are sold for consumption on the premises, or are provided by the operator of the premises, their agents, or employees, or are brought onto said premises by persons assembling there.
[Added 2-13-2023 by Ord. No. 2023-01]
A premises where food is sold to be consumed on the premises.
This definition shall not include a premises where a nonalcoholic
beverage or snack is available but is incidental to the conduct of
the business at the premises.
Any retail outlet which conducts business which requires a secondhand dealer's license, as defined by Chapter 217 of this City Code.
No person shall operate or maintain a business
within the City without first having obtained a certificate of use
authorizing the operation of said business by said operator at the
specific business location.
A.
An application for a certificate of use shall be made
to the office of the Building Inspector on forms prescribed by the
Corporation Counsel. The application shall request relevant information
relating to the operator and the business to be conducted at the premises,
including but not limited to the existence of necessary licenses and
permits for the business. For purposes of the application, all contact
addresses and telephone numbers provided by the applicant must include
the home address and telephone number of the applicant and any managing
or operating agent, owner or principal in any partnership or joint
venture that will own or operate the business. The application must
in every instance include the following:
(1)
Identity and contact information for the owner of
the premises, including street address and telephone number;
(2)
If the business owner and/or operator is not the owner
of the proposed business premises, a lease agreement between the owner
and the business operator;
(3)
Identity and contact information for all business
owners(s), operator(s), principal(s), agent(s) and manager(s), including
street address and telephone number for each such person;
(4)
A detailed description of the nature and scope of
the business, including but not limited to the number of anticipated
employees and patrons on a daily basis, the provisions being made
for firesafety, security, parking, deliveries and waste disposal;
(5)
Copies of documentation identifying all owners and
operators of the business, including passport, driver's license, immigration
or citizenship records, tax registration and identification certificates
for the business and any owner or operator;
(6)
Certified copies of any relevant business status filing,
including doing business as or assumed name certificates, certificate
of incorporation, limited-liability partnership or corporation certificates
and filings;
(8)
Evidence of liability insurance in a sum not less
than $500,000;
(9)
The identity, address and account number for all bank
accounts utilized in the operation of the business;
(10)
The name, address and telephone number of two references;
(11)
Authorizations permitting the City to conduct background,
credit, Dun & Bradstreet, immigration and criminal history checks
for any owner or operator;
(13)
A diagram of the premises to be occupied, providing
the square footage devoted to the proposed business, the general layout
of the business operations, and the location of all emergency and
nonemergency entrances and exits;
(14)
Such other information as the Corporation Counsel
shall deem relevant and necessary to ensure the protection of the
public and the lawful operation of the business and the enforcement
of applicable provisions of the City Code.
B.
The Corporation Counsel shall have the authority to
modify and/or waive the application contents of any application for
a business certificate of use submitted by any publicly traded corporation
or to safeguard proprietary information of an applicant.
C.
Any changes to the information submitted by the applicant
shall be reported to the Building Inspector within 30 days of the
change.
Upon receipt of an application for a certificate
of use, the Zoning Officer shall review the location to ensure that
the operation of the business at that location will be in compliance
with the Zoning Ordinance.[1] A check shall be made to ensure that the applicant is not serving a period of suspension or revocation of a previous certificate of use, or is not the subject of pending charges brought pursuant to Article I, §§ 183-1 and 183-2, of this chapter, and that the applicant has procured all necessary licenses and permits for the business. The Building Inspector and the Fire Chief may cause an inspection of the premises to be made to determine whether the applicant is complying with the laws and ordinances which they are charged with enforcing. Said Building Inspector and Fire Chief and members of their staff shall be authorized to enter upon any premises for which a certificate of use is sought for the purpose of making such an inspection during normal business hours and shall seek warrants where the same are constitutionally required.
A.
No certificate of use shall be issued unless the applicant
has fully complied with the provisions of this article and has all
necessary licenses and permits for the business.
B.
No certificate of use shall be issued to an applicant during the term of a suspension or revocation of a previous certificate of use or while charges brought pursuant to Article I, §§ 183-1 and 183-2, of this chapter, or any other violation of the City Code, or any local, state or federal criminal or penal law are pending against the applicant.
C.
No certificate of use shall issue to an applicant during the term of a suspension or revocation of a previous certificate of use or while charges brought pursuant to Article I, §§ 183-1 and 183-2, of this chapter, or any other violation of the City Code, or any local, state or federal criminal or penal law are pending against any associate, business partner, co-owner, agent or manager of the applicant.
D.
No certificate of use shall be issued to an applicant
where it is determined that any required information has been intentionally
misrepresented or omitted. If it is determined that required information
was intentionally misrepresented or omitted after the certificate
of use has been issued, the City may revoke it 10 days after providing
notice of such misrepresentation or omission to the business owner
or operator. The business owner may appeal the revocation of the certificate
of use within 10 days of receiving the notice. The Mayor, or her or
his designee, shall hear the appeal and make the final determination.
[Amended 4-13-2015 by Ord. No. 2015-04]
E.
No certificate of use shall be issued unless the proposed
business premises is in compliance with the Code of the City of Schenectady.
G.
No certificate of use shall be issued to any proposed
business that has not fully or completely documented the identity
of all owners, operators or persons having a financial stake in the
business (other than publicly traded corporations).
H.
No certificate of use shall be issued for a period
of one year to any applicant operating a proposed business without
a certificate of use.
I.
Certificates shall be issued or denied within 30 days
after an application is completed.
A.
The owner and operator of any business shall comply
with all provisions of federal, state and local laws and ordinances
relating to the conduct of businesses and the occupation, use and
maintenance of the premises.
B.
The owner and operator of any business shall comply
with all the notices, orders, decisions and rules and regulations
made by the Chief of Police, Fire Chief, Commissioner of Neighborhood
Revitalization and the Zoning Officer governing the occupation and
use of said premises.
C.
The owner and operator shall not employ or be associated
in the business with any person who has had a certificate of use revoked,
suspended or denied within the past year.
D.
No owner, co-owner and/or operator shall have been
convicted of any offense involving narcotics trafficking, welfare
fraud, or fraud, including but not limited to mail or wire fraud,
illegal possession or use of a weapon, or the illegal sale and/or
distribution of alcohol, tobacco or controlled substances to a minor
during the five-year period preceding the filing of an application
for a certificate of use, or in the case of any adult or sexually
oriented business, or any business to which a minor may be admitted
or to which the minor may gain entry, be a registered Level 2 or 3
sex offender.
E.
The owner and operator of any business shall cause
the certificate of use to be posted in a conspicuous place visible
to the public on the premises of the business.
F.
The owner and operator of any business shall not permit
at any time a greater number of persons on the premises than the capacity
approved by the City.
G.
The owner and operator of any business shall maintain
good order on and about the premises at all times. The premises shall
include the building in which the business is located, as well as
accessory structures and uses, including parking lots, and the land
on which the building is located. The owner and operator of any business
shall also be responsible for removing refuse and obstructions from
the sidewalk in accordance with Municipal Code requirements, and for
operating the business so that neither the business nor its patrons
become a source of disruption to other building tenants or on the
sidewalks, streets or other private property in the vicinity of the
business. The lack of good order shall include but not be limited
to the following:
(1)
Suffering or permitting the premises to become disorderly,
including suffering or permitting fighting or lewdness.
(2)
Gambling.
(3)
Prostitution.
(4)
Illegal possession, use, gift, sale or offer for sale
of alcoholic beverages.
(5)
Illegal possession, use, gift, sale or offer for sale
of cigarettes or tobacco products.
(6)
Food stamp or welfare fraud or criminal diversion
of prescription medications and prescriptions.
(7)
Litter.
(8)
Possession, use, gift, sale or offer for sale of illegal
drugs.
(9)
Noise violations.
(10)
Possession of stolen property.
(11)
Operating beyond the legal hours of operation.
(12)
Illegal possession, use, gift, sale or offer for sale
of dangerous weapons.
(13)
Unlawfully dealing with a child or allowing or permitting
sexual performances by a child.
H.
In any area which is zoned residential, the hours of operation for
a business which is required to have a certificate of use due to it
being classified as a convenience store or secondhand dealer store
shall be limited to between 5:00 a.m. and 11:00 p.m.
[Added 4-13-2015 by Ord.
No. 2015-04]
[Amended 4-11-2011 by Ord. No. 2011-09]
The applicant for a business certificate of
use shall pay to the City the sum of $200 upon the issuance of the
certificate. Thereafter, there shall be a yearly inspection fee of
$50 for applicable businesses as determined under New York State law.
[Amended 4-13-2015 by Ord. No. 2015-04]
Certificates of use shall remain in effect as
long as the certificate holder operates the same type of business
at the specific location, unless the certificate is suspended or revoked.
The owner shall surrender the certificate of use when the business
is closed or otherwise discontinued. Each business shall recertify
the information contained in the application annually on forms prepared
by the Corporation Counsel and shall a pay a recertification fee,
the amount of which shall be established by resolution of the City
Council. If a business fails to recertify the information contained
in the application annually, the certificate of use shall immediately
expire. Any business which has a certificate of use which expires
shall have to apply for a new certificate and will be unable to recertify
their prior certificate. Any certificate of use which is currently
in effect must be recertified by December 3l, 2015.
Certificates of use shall not be transferred
in the event of any change involving the operator of the business,
the type of business or the business location. A new certificate of
use shall be required if the certificate holder changes the type of
business at the location or relocates the business, or if another
person wishes to operate the same business or a new business at the
location.
