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§ 194-5 Transferability and expiration of license.
A. All licenses are nontransferable. All licenses issued are valid for only the owner/operator and business location indicated on the license. Any change in business ownership or business location requires a new application. B. Said license shall expire annually on April 1 after the issuance thereof, unless revoked by the Department of Permit and Inspection Services for cause. C. The annual fee for a food store license shall be as provided in Chapter 175, Fees.
§ 194-6 Complaints.
Written complaints may be received by the Department. Upon investigation, the Department may require a meeting with the owner/operator to determine whether a food store license should be suspended or revoked, or whether a license should be renewed. If outstanding complaints are not resolved, a hearing will be held before the revocation or suspension of the license or renewal is granted.
§ 194-7 Revocation, suspension or nonrenewal of license.
The license of any person, firm, corporation or other entity granted under this chapter may be revoked, suspended or not renewed by the Commissioner of Economic Development and Permit and Inspection Services upon determination by the Department, after notice and hearing, that the applicant and/or licensee does not meet the requirements of state law, or the Charter and Code of the City of Buffalo for such license, or such applicant and/or licensee has not operated in compliance with such requirements. A license for a food store may not be renewed if, after notice and hearing, it has been determined that a food store owner/operator has not operated such food store in compliance with this chapter or other applicable laws and codes. Such nonrenewal shall be ...
§ 194-7.1 Procedure governing license renewals.
A. On or before the first day of March of each year, the Department of Permits and Inspections Services shall forward a list of licenses issued pursuant to this chapter, which shall expire on the first day of April of each year. B. On or before the first day of May of each year, the Common Council shall indicate to the Department, in writing, each licensee it believes requires further investigation by the Department prior to the license being renewed. C. The Common Council shall also forward to the Department any and all information it deems to be pertinent to the Department's investigation of the licensee. D. Renewal of each license that is not specifically designated by the Common Council for investigation by the Department on or before the first d...
§ 194-8 Closure for operation without license.
Any food store operating without the required food store license shall be immediately closed by order of the Buffalo Police Department or the Department of Permit and Inspection Services. Every day of operation without a license shall constitute a separate violation.
§ 194-9 Check-cashing service notification.
Effective January 1, 2007, any food store that provides, or intends to provide, check-cashing services to customers for a fee shall notify the City Clerk, in writing, of such service or intention.
Ch 196 (Reserved)
[Former Ch. 196, Fortune-Telling, as derived from Sec. 25 of Ch. IX of the Charter and Ordinances, 1974, of the City of Buffalo, was repealed 7-25-2017, effective 7-25-2017]
Ch 199 Fruits and Vegetables
[HISTORY: Derived from the Charter and Ordinances, 1974, of the City of Buffalo as indicated in article histories. Amendments noted where applicable.] GENERAL REFERENCES Bakers and confectioners — See Ch. 88. Enforcement — See Ch. 137. Food and drugs — See Ch. 193. Grain — See Ch. 226. Inspections — See Ch. 249. Markets — See Ch. 275. Peddling and soliciting — See Ch. 316. Restaurants — See Ch. 370. Sanitation — See Ch. 378. Transient businesses — See Ch. 463.
Ch 199 Art I Outdoor Shops, Stands or Markets
[Derived from Art. IX of Ch. V of the Charter and Ordinances, 1974]
§ 199-1 Definitions.
As used in this article, the following terms shall have the meanings indicated:
199-1{1} OUTDOOR SHOP, STAND OR MARKET
OUTDOOR SHOP, STAND OR MARKET For the sale of fresh fruits and vegetables, any shop, stand or market where fresh fruits and/or vegetables are stored or displayed for sale in the open or within a temporary enclosure.
199-1{2} TEMPORARY ENCLOSURE
TEMPORARY ENCLOSURE Any structure or building constructed or to be constructed of any nonfireproof or unfinished material; or which has or will have permanently installed therein no means for heating the interior in cold weather, either in whole or in part; or which has or will have no regular or permanent connection for lighting the same by means of electricity; or which has or will have no roof or a roof and an open side or sides; or which has or will have no covering of a permanent nature for openings in the same; or apart from the land upon which it is or will be located, said enclosure or building has or will have a value of not more than $1,000.
§ 199-2 License required; fees; expiration; revocation.
[Amended 12-9-2003, effective 12-19-2003] A. Subject to the provisions of the Zoning Ordinance of said City,[1] no person, firm or corporation shall conduct an outdoor shop, stand or market in the City of Buffalo for the sale of fresh fruits and/or vegetables without a license issued by the Commissioner of Permit and Inspection Services as hereinafter provided. [1] Editor's Note: See Ch. 511, Zoning. B. The fee for such license shall be as provided in Chapter 175, Fees, and such license shall expire on December 31 of each year. Said fee shall accompany the application for such license, which shall be in writing and be made to the Commissioner of Permit and Inspection Services, who shall have the discretionary power to grant or deny the said application...
§ 199-3 Application; inspection and report.
[Amended 12-9-2003, effective 12-19-2003] A. Any person, firm or corporation who or which desires to continue to operate or conduct or to conduct and operate an outdoor shop, stand or market for the sale of fresh fruits and/or vegetables in the City of Buffalo shall make application to the Commissioner of Permit and Inspection Services so to do, setting forth the following information: (1) The location or proposed location, including the area of premises to be used for the purpose described in the application. (2) How many feet of said premises, measured along the street line of any or of each adjacent street, are to be actually used for the display of goods. (3) Whether any fresh fruits or vegetables are to be stored or displayed inside or outside o...
§ 199-4 Maintenance of premises.
Every person, firm or corporation operating any premises in said City under a license as herein provided shall keep and maintain said premises in a clean and sanitary condition and shall not permit or allow any diseased, rotten or decayed fruits, vegetables or substance to be offered for sale or to remain upon said premises.
§ 199-5 Toilet and washing facilities.
Toilet and washing facilities and dressing rooms shall be furnished upon said premises for persons employed by said licensee to work on the premises, in accordance with the health and labor laws of the State of New York. Separate toilet and washing facilities shall be provided where male and female help is so employed.
§ 199-6 Facilities for cleaning fruits and vegetables.
Facilities for cleaning and washing fresh fruits and vegetables, including running water furnished by proper connection made with a City water main, shall at all times be provided upon any premises where any outdoor shop, stand or market is to be operated under a license as herein required.
Ch 199 Art II Itinerant Wholesale Dealers
[Derived from Art. X of Ch. V of the Charter and Ordinance, 1974]
§ 199-7 Definitions.
As used in this article, the following terms shall have the meanings indicated:
199-7{1} ITINERANT WHOLESALE DEALER IN FRUITS OR VEGETABLES
ITINERANT WHOLESALE DEALER IN FRUITS OR VEGETABLES Every person not operating a regularly established stand, stall, store or warehouse for the merchandising of fruits or vegetables who shall, from a vehicle stationed on any premises or by traveling from place to place on, along or upon the public highways of the City, deal, sell, offer for sale or deliver at wholesale from any vehicle any fruits or vegetables used or intended for human consumption.