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A. Any order to seal issued by the Commissioner of Permit and Inspection Services, or its duly authorized representatives, shall be effective for one year from the later of the posting of the order or the date of the judgment provided for in this section. B. An order to seal shall be vacated by the Commissioner, if the respondent submits sufficient evidence to the Commissioner by an affidavit and such other proof as may be submitted by the respondent that the unlicensed activity has been abated. An order vacating an order to seal shall include a provision authorizing the Commissioner, or any police officer or peace officer who assisted with the execution of the order to seal, to inspect the building or premises without notice for the purpose of ascerta...

A. Any person who engages in unlicensed activity as set forth in this article shall be subject to a civil penalty of not less than $100 and not more than $10,000 for each day during which such violation continues, with a maximum penalty of no more than $25,000. B. An affirmation from the Commissioner of Permit and Inspections, or its duly authorized representatives, confirming the presence of unlicensed activity following an inspection by the Commissioner after a notice of violation and order to cease was issued shall be sufficient to establish a prima facie case that such conduct has been continuing for each business day between the initial inspection and the last observed or otherwise documented conduct. C. The penalty provided for in this section m...

Pursuant to NYS Tax Law, § 1801(a)(4)(6) and §§ 1802 through 1807, and any other applicable sections of the state's tax law: A. Any person who engages in any act to defraud the state or its political subdivisions or a government instrumentality within the state by false or fraudulent pretenses, representations, or promises as to any material matter in connection to sales and use taxes shall be subject to a Class I fine in the sum of $1,500. Every day of operation without a license shall constitute a separate violation and shall be punishable by a fine of $1,500 per violation. B. Any unlicensed vendor who collects sales tax on unlicensed products may be fined in accordance with § 1801(a)(4) and §§ 1802 through 1807. C. Any unlicensed vendor who fraudul...

The Commissioner of Permit and Inspection Services, in accordance with the powers vested in him/her under the provisions of § 17-2 of the Charter of the City of Buffalo, may suspend, revoke, or refuse the renewal thereof, for cause any license issued to any business or person under any provision of the Code of the City of Buffalo after a hearing before the Commissioner upon three days' notice, and upon the determination by the Commissioner that the licensee has violated this chapter.

[HISTORY: Adopted by the Common Council of the City of Buffalo 2-17-1998, effective 3-6-1998. Amendments noted where applicable.] GENERAL REFERENCES Alcoholic beverages — See Ch. 69. Amusements — See Ch. 75. Billiard and pool rooms and bowling alleys — See Ch. 92. Dances and dance halls — See Ch. 150. Drugs — See Ch. 161, Art. I. Firearms, arrows and other weapons — See Ch. 180. Gambling — See Ch. 209. Garbage, rubbish and refuse — See Ch. 216. Noise — See Ch. 293. Nuisance abatement — See Ch. 294. Obscenity — See Ch. 299. Peace and good order — See Ch. 313. Promoting general welfare of minors in public places — See Ch. 343. Smoking — See Ch. 399.

The purpose of this chapter 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 Buffalo.

As used in this chapter, the following terms shall have the meanings indicated:

BAR 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, his or her agents, servants or employees, or are brought onto said premises by persons assembling there.

BUSINESS A bar, food store, drugstore or restaurant as defined herein.

COMMISSIONER OF COMMUNITY DEVELOPMENT The Commissioner of Community Development or his designee.

DRUGSTORE A premises where prescription drugs are sold at retail, together with dry goods, food or beverages.

FOOD STORE A premises with a total floor space less than 20,000 square feet in which 50% or more of its sales area is devoted to the sale of food and beverage items to be consumed off the premises.

PUBLIC NUISANCE For purposes of this chapter, a public nuisance shall be deemed to exist whenever, through violations of any of the following provisions resulting from separate incidents at a building, erection or place, 12 or more points are accumulated within a period of six months or 18 or more points within a period of 12 months, in accordance with the following point system. Where more than one violation occurs during a single incident, the total points for the incident shall be the highest point value assigned to any single violation.

RESTAURANT 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.

SIGNIFICANT CHANGE IN MANAGEMENT OR PROPERTY OWNERSHIP A transfer of the title of the property from one entity to another, regardless of familial relationship or an arrangement wherein the operation of the business is leased to, or managed by, an entity that is not the owner.

VIOLATION An action as listed in § 131-8 of this chapter by any person on or about the premises holding the certificate of operation which requires the intervention of the City of Buffalo.

No person shall operate or maintain a business within the City without first having obtained a certificate of operation authorizing the operation of said business by said operator at the specific business location. The certificate of operation is nontransferable. A new certificate of operation must be obtained whenever there is a significant change in management or property ownership. The certificate of operation shall run indefinitely unless such a change occurs. Failure to obtain a certificate of operation or operating a business without a certificate of operation shall be punishable by the immediate assessment of 20 points.

An application for a certificate of operation shall be made to the Office of Licenses on forms prescribed by the Commissioner of Community Development. The application shall request relevant information relating to the operator and the business to be conducted at the premises, including whether any other licenses and permits are necessary for the business. No other licenses or permits shall be issued until the applicant has obtained or applied for a certificate of operation.

Upon receipt of an application for a certificate of operation, the Director of Inspections, Licenses and Permits shall review the entire business location (including accessory and related locations) to ensure that the operation of the business at that location will be in compliance with all building and zoning laws. A check shall be made to ensure that the applicant is not serving a period of suspension or revocation of a previous certificate of operation or is not the subject of pending charges brought pursuant to any applicable law of the City or the state. The Commissioner of Community Development, the Commissioner of Police and the Commissioner of Fire may cause an inspection of the premises to be made to determine whether the applicant is complying ...

No certificate of operation shall be issued unless the applicant has fully complied with the provisions of this chapter. No certificate of operation shall be issued to an applicant during the term of a suspension or revocation of a previous certificate of operation or while charges brought pursuant to any applicable law of the City or the state are pending against the applicant. No person shall maintain or operate a business for which a certificate is required under this chapter more than 90 days after the effective date of this chapter, unless he or she has properly filed a certificate application. Initial certificates shall be issued or denied within 150 days after the effective date of this chapter. Thereafter, certificates shall be issued or denied w...