[HISTORY: Adopted by the City Council of the City of Lackawanna 10-19-2016.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Licensing of businesses — See Ch. 87.
Peddlers and solicitors — See Ch. 168.
Rental dwelling unit registration — See Ch. 177.
[1]
Editor's Note: This ordinance also repealed former Ch. 88,
Registration of Businesses, adopted 11-29-2010., as amended.
The purpose of this chapter is the protection of government,
order, conduct, the general welfare, safety, morals, health and well-being
of the persons and property of the City of Lackawanna. This chapter
shall apply to all business conducted within the City of Lackawanna.
As used in this chapter, the following terms shall have the
meanings indicated:
All trades, vocations, occupations, professions, enterprises,
establishments, and all other kinds of activities and matters which
are conducted within the City of Lackawanna.
A certificate of business registration for a business, issued
by the City of Lackawanna for the registration of a business in accordance
with this chapter.
The City Clerk of the City of Lackawanna.
The City Council of the City of Lackawanna.
Application containing all information in accordance with § 88-4.
Director of Development for the City of Lackawanna.
Any individual, company, society, association, corporation,
partnership, bureau, agency, trust, manager, agent or employee of
the aforementioned.
Police Identification Bureau for the City of Lackawanna.
A.
No person, as hereinabove defined, shall open, operate, or maintain any business without first being issued a certificate of business registration. The certificate of business registration shall be posted in a visible place upon the premises for which the certificate of business registration is issued. Failure to obtain a certificate of business registration or operating a business without a certificate of business registration shall be punishable pursuant to § 88-10 of this chapter.
B.
All applications for a certificate of business registration, either
initial applications or renewal applications, are available from and
shall be returned to the City Clerk, at the following address:
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Lackawanna City Hall-City Clerk-Room 215
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714 Ridge Road
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Lackawanna, New York 14218
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C.
Renewal applications for a certificate of business registration shall
be completed no later than 30 days prior to the expiration date of
the certificate of business registration.
D.
Agents, employees, or other representatives of nonresidents who are
doing business in the City of Lackawanna, shall be personally responsible
for compliance with this chapter.
E.
A business owned and operated by an individual from his or her home
which has no employees and whose customers are not physically present
at said location at any time and which is not involved in the manufacturing
or repair of goods, wares, appliances, vehicles or other merchandise
on the premises shall not require a certificate of business registration.
[Added 7-17-2018]
[Amended 7-17-2018; 9-5-2017]
A.
An application for a certificate of business registration shall be
made to the City Clerk, on forms prescribed by the City Council. The
application for a certificate of business registration shall contain
all relevant information relating to the ownership and the business
to be conducted at the premises, including the status of all licenses
and permits for such business, as may be required by the federal,
state, and/or county government. The application for business registration
should include but not be limited to the following:
(1)
Name, address, phone number, e-mail address, and date of birth of
applicant.
(2)
Name, address, e-mail address, and type of proposed business.
(3)
New York State tax identification number.
(4)
Detailed description of proposed business activities, including days/hours
of operation, employees (FT/PT), and specific nature of intended business
operation.
(5)
A partnership, limited-liability company, limited-liability partnership,
or corporation shall provide name, address, phone number, e-mail address,
and contact information for its partners, principals or officers,
as well as local manager.
B.
The application for certificate of business registration shall also
contain such other information as the City Clerk, City Council, or
Director of Development may consider as proper to fulfill the purpose
of this chapter.
C.
Upon the receipt of an application for a certificate of business, the City Clerk may issue a provisional certificate of business registration which would allow the applicant to open and operate the business pending approval of the application by the City Council. The provisional certificate of business registration shall remain in effect until the City Council approves or rejects the application for business registration. The City Clerk shall have the authority to revoke a provisional certificate of business registration pursuant to § 88-8 of this chapter. The issuance of the provisional certificate shall not relieve the applicant of the obligation to obtain any other necessary licenses and permits that may be required by the board, state and/or county government.
[Added 8-21-2018]
A.
The City Clerk must act upon each business registration application presented within 10 days of submission of a completed application. Once all steps and procedures are completed and the appropriate approvals and recommendations have been received, the City Clerk shall forward the application to the City Council, for action upon completion of procedure outlined in Subsection B.
B.
Upon receipt of an application for certificate of business registration,
the Director of Public Safety, the Police Identification Bureau, Director
of Development, and Code Enforcement Officer, shall review the application
and the location of the proposed business to determine whether all
laws, regulations, and ordinances are in compliance.
(1)
The Police Identification Bureau and the Director of Public Safety
shall ascertain the criminal record of all applicants and the potential
impact of the proposed business upon the safety and welfare of the
public and shall make a recommendation to the City Council regarding
said application.
(2)
The Code Enforcement Officer shall determine whether the premises
for which the certificate of business registration is sought are in
compliance with all applicable codes, laws, rules, regulations and
ordinances and whether the premises are suitable for the proposed
business.
(3)
The Director of Development shall review the application and the
findings of the Police Identification Bureau, Director of Public Safety
and the Code Enforcement Officer to determine whether the proposed
business meets the standards for approval and shall make a recommendation
to the City Council regarding said application.
(4)
Said Director of Public Safety, Police Identification Bureau, Director
of Development, and Code Enforcement Officer, and members of their
staff, shall have the right to enter upon any premises for which a
certificate of business registration is sought, for the purpose of
ascertaining Code compliance of the premises.
C.
Once forwarded to the City Council, the application is either approved,
rejected, or tabled for further action. Such action may include requests
for additional information or the scheduling of a public hearing.
Any application rejected by the City Council shall, upon the written
request of the applicant within 10 days of said rejection, be afforded
a public hearing, which shall be held within 30 days of the receipt
of said request.
D.
Public hearing. In the event the City Council rejects and/or requires
a public hearing, it shall have 30 days within which to hold the public
hearing. Notice of such public hearing shall be published at least
once, no less than 10 days before the date of such hearing. The notice
shall state the name of the applicant and of the proposed business,
proposed business activity, proposed business type, address of proposed
business, and the date, time, and location of the hearing.
A.
For approval of a certificate of business registration, the City
Council shall consider the following criteria but shall in no way
be limited hereby:
(1)
The character of the neighborhood where the premises would be established.
(2)
The changes such business would bring to the neighborhood and the
effect of the business upon the public good, welfare, health, safety
or morals.
(3)
The nuisance, refuse, litter, noise, and adverse health conditions
that such business might or will bring.
(4)
The requirements of police protection and traffic control.
(5)
The criminal record of the persons applying for the license or any
proposed employees of said business.
[Amended 7-17-2018]
(6)
Status of all Federal, State, and County government licenses and
approvals.
B.
Issuance of certificate. When the City Council approves an application
and the issuance of a Certificate, the proposed business is acceptable
to the City Council and that to the best of the knowledge of said
City Council, compliance with other conditions, laws and regulations
having relevance to said business have been met, and that the business
may commence operation as proposed.
A.
The owner and operator of the approved business shall permit all
reasonable inspections. Such inspections will be limited to the review
of any fact that would endanger the public good, welfare, safety,
or morals of the City of Lackawanna.
B.
The owner and operator shall comply with all laws and regulations
relating to the conduct of the approved business and the occupation,
use and maintenance of the premises.
C.
The owner and operator shall avoid all forbidden, improper, illegal,
and unnecessary practices or conditions which could or may affect
the public good, welfare, health, safety or morals of the City of
Lackawanna.
D.
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 of Lackawanna and/or Erie County Health Department.
A.
The City Council is authorized, in the event a business issued a
certificate is either unwilling or incapable of properly conducting
the business for which the certificate was issued, in such a manner
so as to not adversely affect the public good, welfare, health, safety
and morals or that the nature, environmental impact or character of
the business is such that it constitutes a danger to the public good,
welfare, safety, health, or morals of the City of Lackawanna, to conduct
a Public Hearing on notice to be published no less than 10 business
days before the date of such hearing in a newspaper of general circulation
within the City of Lackawanna. After the Public Hearing, at which
the applicant shall have an opportunity to be heard, the City Council
may revoke and terminate the certificate issued, reissue the certificate,
or reissue the certificate subject to new terms and conditions set
by the Council. Said action by the Council shall require a majority
vote.
B.
Summary action. When the conduct associated with any business operation
is so detrimental to the public good, welfare, health, safety, or
morals so as to constitute an immediate danger and thus give rise
to an emergency, the City Council, on majority vote, shall have the
authority to order the cessation of business and the revocation of
the business registration certificate. A special hearing shall be
conducted within 10 business days after the City Council has acted
summarily. The City Council may by majority vote, authorize continuance
of the revocation or reissue the certificate subject to terms and
conditions imposed by the City Council.
Any violations of this chapter shall be punishable, for each
violation, by a fine of not more than $250 or imprisonment for not
more than 15 days, or both. Each day that a business is open, operated
or maintained without a valid certificate of business registration
shall be deemed a separate offense.
A.
An application for certificate of business registration, both for
applications for a certificate of business registration and for renewal
of a certificate of business registration, shall be a nonrefundable
fee of $100 every three years; or such other sum set forth from time
to time by the City Council.
B.
Fee exemption. Any business that opened within the City of Lackawanna
prior to January 1, 2011, shall be exempt from the initial $100 application
fee. Said exemption does not eliminate the requirement for all businesses
operating within the City of Lackawanna, of filing an application
for certificate of business registration. Said businesses shall have
60 days from the effective date of this chapter to file said application.
If any part of this chapter shall be declared invalid by a court
of competent jurisdiction, such declaration shall not affect or impair
in any way any other provisions of this chapter, and all other provisions
shall remain in full force and effect.
