[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.
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 investigation to be made into the criminal
background and moral character of the applicant. The Commissioner
of Police shall investigate and report such findings and make a recommendation
to the Commissioner of Permit and Inspection Services as to whether
or not approval and issuance of the license is recommended. If approval
is not recommended, such a report shall state the reasons, therefore.
E.
A description of all properties proposed to be managed or owned by
the applicant, including the street addresses and locations, owners
if applicable, and the number of units, if residential.
F.
Proof of business address. Applicant must submit a copy of two of
the following documents in the name of either the business or an individual
listed on the license application:
G.
Other reasonable information as required by the Department of Permit
and Inspection Services.
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)
There shall be no dispensing, processing, cultivation, sale, handling,
distributing, or gifting of cannabis or processed cannabis products
within, upon, or in relation to any Tobacco/Hookah/Vaping Establishments.
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.
C.
Parking.
(1)
Any parking areas must be sufficiently lit and must comply with all
state and local rules and regulations.
D.
Equipment.
(1)
Store shall have working surveillance cameras in the interior and
exterior of the building. Footage from said cameras shall be stored
for 30 days. A Buffalo SafeCam certificate of registration must be
presented upon request.
(2)
All broken windows must be replaced within 48 hours.
(3)
Smoking or vaping of any kind is prohibited within the store unless
expressly authorized in the license.
(4)
All graffiti must be removed within three business days following
notice by the Department of Permit and Inspection Services.
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.
B.
No license shall be effective unless approved by the City of Buffalo
Common Council.
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 years.
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 other applicable sections of the City Code and may be subject to immediate revocation of said license by 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, pending an administrative hearing, which shall be scheduled within 30 days of said immediate revocation. The property owner, operator, or any agent(s) shall be prohibited from engaging in any sale, distribution, or dispensing of goods and merchandise at the violating establishment from the date of the alleged violation until the hearing and the final determination regarding the same is completed.
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.
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.
D.
Department of Permit and Inspection Services may consider the licensed
establishment's compliance with all applicable laws, rules, and
regulations governing the activities of the licensee and the establishment,
including, but not limited to, building codes, noise ordinances, and
any other information deemed applicable when considering a renewal
application.
E.
All renewal applications shall be handled by the Department of Permit
and Inspection Services.
For violations solely of the provisions of this chapter, the
following fine schedule shall apply:
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.
