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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 notices, orders, decisions and rules and regulations made by the Commissioner of Police, Commissioner of Fire, Commissioner of Community Development and the City Planning Board governing the occupation and use of said premises. C. The owner and operator of any business shall cause the certificate of operation to be posted in a conspicuous place visible to the public on the premises of the business. D. The owner and operator of any business shall not permit at any time a gre...

A. The following violations shall be assigned to a point value of six points: (1) Article 220 of the Penal Law, Controlled Substances Offenses. (2) Article 221 of the Penal Law, Offenses Involving Marihuana. (3) Article 225 of the Penal Law, Gambling Offenses. (4) Article 230 of the Penal Law, Prostitution Offenses. (5) Sections 165.40, 165.45, 165.50, 165.52 and 165.54 of the Penal Law, Criminal Possession of Stolen Property. (6) The Alcoholic Beverage Control Law. (7) Article 265 of the Penal Law, Firearms and other Dangerous Weapons. (8) Sections 260.20 and 260.21 of the Penal Law, Unlawfully Dealing with a Child. (9) Article 263 of the Penal Law, Sexual Performance by a Child. (10) Section 415-a of the Vehicle and Traffic Law, Vehicle Dis...

Points shall be assessed against the owner, operator and business concurrently. The Commissioner of Community Development shall have the discretion to modify or reduce the penalty assessed an owner, operator or business upon an investigation which reveals that the interests of justice would be best served by releasing the liability upon the owner, operator or business. Points assessed to a business shall remain with the business despite any change in ownership or operation until such time as the nuisance abatement penalty period has expired or the Commissioner of Community Development has modified the penalty period.

A. In addition to the enforcement procedures established elsewhere, the Commissioner of Community Development, after notice and opportunity for a hearing with respect to a public nuisance, shall: (1) Stop the operation of the business or close the building, erection or place to the extent necessary to abate the nuisance; (2) Suspend for a period not to exceed six months or revoke for a period of one year a certificate of operation issued for such premises and prevent the operator from obtaining a new certificate of operation for another location for the period of suspension or revocation; (3) Suspend for a period not to exceed six months or revoke for a period of one year any occupational license or permit issued by the City related to the conduct of...

This chapter shall become effective June 1, 1998.

[HISTORY: Adopted by the Common Council of the City of Buffalo 5-2-2023, effective 5-2-2023. Amendments noted where applicable.]

The City of Buffalo has recognized the long overdue need for legislation surrounding smoke shops in the City. With the New York State Legislature's recent passage of new legislation legalizing the sale and distribution of cannabis, along with the production and manufacturing of its by-products, it is imperative that the City positions itself with appropriate legislation that provides guidelines for obtaining smoke shop licenses while simultaneously enabling the Department of Permit and Inspection Services to oversee the functionality and enforcement of these businesses.

See Chapter 496 of the City of Buffalo Unified Development Ordinance (UDO) § 6.1.5-Y.

A. Starting May 15, 2023, no person shall own or operate a Tobacco/Hookah/Vaping establishment, unless a license is first obtained from the City of Buffalo Department of Permit and Inspection Services (DPIS). B. Within 12 months of the passage of this chapter, all current owners and operators of Tobacco/Hookah/Vaping establishments must apply for and obtain a valid Tobacco/Hookah/Vaping license to continue operation. C. The application cost per Tobacco/Hookah/Vaping license shall be $200. D. This section does not repeal UDO Chapter 496 § 11.3.3 Special Use Permit requirements for neighborhood zones requiring such. However, Chapter 132 adds a second requirement to these zones in the form of a license.

Every applicant for a license issued pursuant to this chapter shall submit the following information: A. The name, address, and telephone number of the individual or entity applying for a license; the name and location of the business to receive a license. If the applicant is a corporation, the applicant must list an individual who resides within the City of Buffalo for purposes of service and notice. B. The applicant's driver's license as proof of residency. C. Proof of registration with the New York State Department of Taxation as a tobacco and/or vape retail dealer is required. D. All applications for a license shall be referred by the Commissioner of Permit and Inspection Services to the Commissioner of Police, who shall promptly cause an investi...

A. Within 90 days of receiving a complete application of this chapter, unless extended by a City request for additional information, the City shall issue a written determination on the application. All licenses issued pursuant to this chapter shall contain the following: (1) Duration. Each Tobacco/Hookah/Vaping license shall expire on June 30 of every year. A complete year shall run from July 1 to June 30 of the following year. (2) Transferability. Licenses for Tobacco/Hookah/Vaping establishments are for one establishment only and shall be nontransferable. (3) License abandonment. Whenever a Tobacco/Hookah/Vaping establishment ceases to operate for more than 12 months, a new license must be obtained prior to the continuation of said business. (4) T...

A. Hours of operation. (1) Store hours of operation shall be between 7:00 a.m. and 11:00 p.m. from Sunday to Thursday and 7:00 a.m. to 12:00 a.m. on Friday and Saturday. B. Signage. (1) Store hours shall be posted in a conspicuous place within public view. (2) "No Loitering" signs shall be posted visibly inside and outside the store and enforced by store employees. (3) There shall be no public display of advertisements for electronic cigarettes, vapor products, smoking paraphernalia, or tobacco products, within 1,500 feet of a school, or place of worship, in accordance with Public Health Law Article 13-F § 1399-DD-1. (4) Windows shall be unobstructed by advertisements and/or any other materials. (5) Signage must be permitted and compliant with ...

A. An application for a Tobacco/Hookah/Vaping license may be denied by the City of Buffalo Common Council following a public hearing based on any one of the following: (1) Prior bad acts by the applicant's business address demonstrates an unwillingness to obey the City of Buffalo Code and/or Ordinances. (2) The location of the licensed activity is more likely than not to negatively impact the neighborhood based on the establishment's proximity to a school, or other form of educational facility, place of worship, assembly, and/or its proximity to existing license holders. (3) Applicant/operator lacks a current tobacco and/or vapor product registration from the State Department of Taxation and Finance. (4) The report of findings and recommendation of ...

A. Commencing May 15 of the year 2023, all existing Tobacco/Hookah/Vaping establishments shall be inspected annually by the Department of Permit and Inspection Services. B. Overt acts by the owner, operator, or any agent(s) of a licensee deemed to prevent the inspection of such Tobacco/Hookah/Vaping establishment by the Department of Permit and Inspection Services shall constitute grounds for the immediate suspension of said license. Continuous or repeated interference by the owner, operator, or any agent(s) of a licensee deemed to prevent the inspection of such establishment by the Department of Permit and Inspection Services may result in revocation of the license and/or a prohibition from obtaining any future license for the next two succeeding year...

A. The owner, operator, or any agent(s) of any Tobacco/Hookah/Vaping establishment licensed by the City of Buffalo shall comply with all provisions of applicable federal, state city ordinances, and local laws. B. The owner, operator, or any agent(s) of any Tobacco/Hookah/Vaping establishment in the City shall comply with all notices, orders, decisions, rules, and regulations made by the Department of Permit and Inspection Services, the Buffalo Police Department, or the any other City department and/or agency, having regulatory authority over the operation. C. Any owner, operator, or any agent(s) of any Tobacco/Hookah/Vaping establishment found to violate the provisions of this article may be liable for penalties as prescribed in § 132-12 below and oth...

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.

A. An application to renew any license issued under this chapter shall be filed with the Department of Permit and Inspection Services no more than 90 days and no less than 60 days prior to the expiration of the current license. (1) Operation absent renewal of a license. Every day of operation without license renewal shall constitute a separate violation and shall be punishable by a Class I fine of $1,500 per violation. See § 137-7 of the City Code. B. Renewal applications shall be accompanied by a nonrefundable renewal fee of $200. Payable to the Department of Permit and Inspection Services. See Chapter 175 of the City Code. C. Section 132-4: Application shall also apply to the renewal process. D. Department of Permit and Inspection Services may c...

For violations solely of the provisions of this chapter, the following fine schedule shall apply: A. Initial operation without a license. Every day of operation without a license shall constitute a separate violation and shall be punishable by a Class I fine of $1,500 per violation. See § 137-7 of the City Code. B. For each condition violated under § 132-6 above. Every day shall constitute a separate violation and shall be punishable by a Class H fine of $350 per violation. See § 137-7 of the City Code.

The City of Buffalo Code Chapter 132 Tobacco, Hookah, and Vaping Establishment shall be consistent with the Chapter 496 the City of Buffalo Unified Development Ordinance (UDO). If any provision of this chapter shall be held or made invalid by a court decision, state statute or rule, or shall be otherwise rendered invalid, the remainder of this chapter shall not be affected thereby.

[HISTORY: Derived from the Charter and Ordinances, 1974, of the City of Buffalo as indicated in article histories. Amendments noted where applicable.] GENERAL REFERENCES Contracts — See Charter, Art. 22. Real estate — See Charter, Art. 27. Bonds and contracts — See Ch. 96. Bootblacks — See Ch. 98. Discrimination — See Ch. 154. Naming of streets, parks and public buildings — See Ch. 286. Newsstands — See Ch. 289. Nuisance abatement — See Ch. 294. Parks — See Ch. 309. Signs — See Ch. 387. Statues and monuments; public art — See Ch. 409. Wharves, harbors and bridges — See Ch. 495. Zoning — See Ch. 511.