[Amended 5-13-2002 by Ord. No. 2002-5; 1-13-2003 by Ord. No. 2003-1; 2-12-2007 by L.L. No. 2-2007]
The purpose of this article 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 Schenectady.
[Amended 4-13-2015 by Ord. No. 2015-04]
As used in this article, the following terms shall have the meanings indicated:
BANQUET FACILITY
A premises as defined by § 264-2 of the City of Schenectady Zoning Ordinance.
[Added 2-13-2023 by Ord. No. 2023-01]
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, their agents or employees, or are brought onto said premises by persons assembling there.
[Amended 2-13-2023 by Ord. No. 2023-01]
BUSINESS
A banquet facility, bar, cannabis and/or tobacco retail and consumption business, convenience store, drugstore, private club or lodge, restaurant, or second dealer store as defined herein.
[Amended 2-13-2023 by Ord. No. 2023-01]
CANNABIS OR TOBACCO RETAIL AND CONSUMPTION
A premises where cannabis, cannabinoid, nicotine, or tobacco products are sold for consumption on the premises; or where these products, or related paraphernalia, are the primary source of income at retail. Such premises include cannabis or tobacco retail stores, smoke shops, vape shops, hookah lounges, consumption lounges and the like.
[Added 2-13-2023 by Ord. No. 2023-01]
CONVENIENCE STORE
A retail outlet with a total floor space less than 10,000 square feet, which stocks a range of everyday items, a list of which may include, but is not limited to, groceries, snack foods, candy, toiletries, soft drinks, and newspapers.
DRUGSTORE
A premises where prescription drugs are sold at retail, together with dry goods, food or beverages.
PRIVATE CLUB OR LODGE
A premises as defined by § 264-2 of the City of Schenectady Zoning Ordinance and where food or alcohol are sold for consumption on the premises, or are provided by the operator of the premises, their agents, or employees, or are brought onto said premises by persons assembling there.
[Added 2-13-2023 by Ord. No. 2023-01]
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.
SECONDHAND DEALER STORE
Any retail outlet which conducts business which requires a secondhand dealer's license, as defined by Chapter 217 of this City Code.
No person shall operate or maintain a business within the City without first having obtained a certificate of use authorizing the operation of said business by said operator at the specific business location.
A. 
An application for a certificate of use shall be made to the office of the Building Inspector on forms prescribed by the Corporation Counsel. The application shall request relevant information relating to the operator and the business to be conducted at the premises, including but not limited to the existence of necessary licenses and permits for the business. For purposes of the application, all contact addresses and telephone numbers provided by the applicant must include the home address and telephone number of the applicant and any managing or operating agent, owner or principal in any partnership or joint venture that will own or operate the business. The application must in every instance include the following:
(1) 
Identity and contact information for the owner of the premises, including street address and telephone number;
(2) 
If the business owner and/or operator is not the owner of the proposed business premises, a lease agreement between the owner and the business operator;
(3) 
Identity and contact information for all business owners(s), operator(s), principal(s), agent(s) and manager(s), including street address and telephone number for each such person;
(4) 
A detailed description of the nature and scope of the business, including but not limited to the number of anticipated employees and patrons on a daily basis, the provisions being made for firesafety, security, parking, deliveries and waste disposal;
(5) 
Copies of documentation identifying all owners and operators of the business, including passport, driver's license, immigration or citizenship records, tax registration and identification certificates for the business and any owner or operator;
(6) 
Certified copies of any relevant business status filing, including doing business as or assumed name certificates, certificate of incorporation, limited-liability partnership or corporation certificates and filings;
(7) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(7), regarding corporation standing, was repealed 6-28-2021 by Ord. No. 2021-10.
(8) 
Evidence of liability insurance in a sum not less than $500,000;
(9) 
The identity, address and account number for all bank accounts utilized in the operation of the business;
(10) 
The name, address and telephone number of two references;
(11) 
Authorizations permitting the City to conduct background, credit, Dun & Bradstreet, immigration and criminal history checks for any owner or operator;
(12) 
Documentation required by § 161-21F;
(13) 
A diagram of the premises to be occupied, providing the square footage devoted to the proposed business, the general layout of the business operations, and the location of all emergency and nonemergency entrances and exits;
(14) 
Such other information as the Corporation Counsel shall deem relevant and necessary to ensure the protection of the public and the lawful operation of the business and the enforcement of applicable provisions of the City Code.
B. 
The Corporation Counsel shall have the authority to modify and/or waive the application contents of any application for a business certificate of use submitted by any publicly traded corporation or to safeguard proprietary information of an applicant.
C. 
Any changes to the information submitted by the applicant shall be reported to the Building Inspector within 30 days of the change.
Upon receipt of an application for a certificate of use, the Zoning Officer shall review the location to ensure that the operation of the business at that location will be in compliance with the Zoning Ordinance.[1] A check shall be made to ensure that the applicant is not serving a period of suspension or revocation of a previous certificate of use, or is not the subject of pending charges brought pursuant to Article I, §§ 183-1 and 183-2, of this chapter, and that the applicant has procured all necessary licenses and permits for the business. The Building Inspector and the Fire Chief may cause an inspection of the premises to be made to determine whether the applicant is complying with the laws and ordinances which they are charged with enforcing. Said Building Inspector and Fire Chief and members of their staff shall be authorized to enter upon any premises for which a certificate of use is sought for the purpose of making such an inspection during normal business hours and shall seek warrants where the same are constitutionally required.
[1]
Editor's Note: See Ch. 264, Zoning.
A. 
No certificate of use shall be issued unless the applicant has fully complied with the provisions of this article and has all necessary licenses and permits for the business.
B. 
No certificate of use shall be issued to an applicant during the term of a suspension or revocation of a previous certificate of use or while charges brought pursuant to Article I, §§ 183-1 and 183-2, of this chapter, or any other violation of the City Code, or any local, state or federal criminal or penal law are pending against the applicant.
C. 
No certificate of use shall issue to an applicant during the term of a suspension or revocation of a previous certificate of use or while charges brought pursuant to Article I, §§ 183-1 and 183-2, of this chapter, or any other violation of the City Code, or any local, state or federal criminal or penal law are pending against any associate, business partner, co-owner, agent or manager of the applicant.
D. 
No certificate of use shall be issued to an applicant where it is determined that any required information has been intentionally misrepresented or omitted. If it is determined that required information was intentionally misrepresented or omitted after the certificate of use has been issued, the City may revoke it 10 days after providing notice of such misrepresentation or omission to the business owner or operator. The business owner may appeal the revocation of the certificate of use within 10 days of receiving the notice. The Mayor, or her or his designee, shall hear the appeal and make the final determination.
[Amended 4-13-2015 by Ord. No. 2015-04]
E. 
No certificate of use shall be issued unless the proposed business premises is in compliance with the Code of the City of Schenectady.
F. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection F, regarding delinquent taxes and other unpaid liens or fees, was repealed 6-28-2021 by Ord. No. 2021-10.
G. 
No certificate of use shall be issued to any proposed business that has not fully or completely documented the identity of all owners, operators or persons having a financial stake in the business (other than publicly traded corporations).
H. 
No certificate of use shall be issued for a period of one year to any applicant operating a proposed business without a certificate of use.
I. 
Certificates shall be issued or denied within 30 days after an application is completed.
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 the notices, orders, decisions and rules and regulations made by the Chief of Police, Fire Chief, Commissioner of Neighborhood Revitalization and the Zoning Officer governing the occupation and use of said premises.
C. 
The owner and operator shall not employ or be associated in the business with any person who has had a certificate of use revoked, suspended or denied within the past year.
D. 
No owner, co-owner and/or operator shall have been convicted of any offense involving narcotics trafficking, welfare fraud, or fraud, including but not limited to mail or wire fraud, illegal possession or use of a weapon, or the illegal sale and/or distribution of alcohol, tobacco or controlled substances to a minor during the five-year period preceding the filing of an application for a certificate of use, or in the case of any adult or sexually oriented business, or any business to which a minor may be admitted or to which the minor may gain entry, be a registered Level 2 or 3 sex offender.
E. 
The owner and operator of any business shall cause the certificate of use to be posted in a conspicuous place visible to the public on the premises of the business.
F. 
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.
G. 
The owner and operator of any business shall maintain good order on and about the premises at all times. The premises shall include the building in which the business is located, as well as accessory structures and uses, including parking lots, and the land on which the building is located. The owner and operator of any business shall also be responsible for removing refuse and obstructions from the sidewalk in accordance with Municipal Code requirements, and for operating the business so that neither the business nor its patrons become a source of disruption to other building tenants or on the sidewalks, streets or other private property in the vicinity of the business. The lack of good order shall include but not be limited to the following:
(1) 
Suffering or permitting the premises to become disorderly, including suffering or permitting fighting or lewdness.
(2) 
Gambling.
(3) 
Prostitution.
(4) 
Illegal possession, use, gift, sale or offer for sale of alcoholic beverages.
(5) 
Illegal possession, use, gift, sale or offer for sale of cigarettes or tobacco products.
(6) 
Food stamp or welfare fraud or criminal diversion of prescription medications and prescriptions.
(7) 
Litter.
(8) 
Possession, use, gift, sale or offer for sale of illegal drugs.
(9) 
Noise violations.
(10) 
Possession of stolen property.
(11) 
Operating beyond the legal hours of operation.
(12) 
Illegal possession, use, gift, sale or offer for sale of dangerous weapons.
(13) 
Unlawfully dealing with a child or allowing or permitting sexual performances by a child.
H. 
In any area which is zoned residential, the hours of operation for a business which is required to have a certificate of use due to it being classified as a convenience store or secondhand dealer store shall be limited to between 5:00 a.m. and 11:00 p.m.
[Added 4-13-2015 by Ord. No. 2015-04]
[Amended 4-11-2011 by Ord. No. 2011-09]
The applicant for a business certificate of use shall pay to the City the sum of $200 upon the issuance of the certificate. Thereafter, there shall be a yearly inspection fee of $50 for applicable businesses as determined under New York State law.
[Amended 4-13-2015 by Ord. No. 2015-04]
Certificates of use shall remain in effect as long as the certificate holder operates the same type of business at the specific location, unless the certificate is suspended or revoked. The owner shall surrender the certificate of use when the business is closed or otherwise discontinued. Each business shall recertify the information contained in the application annually on forms prepared by the Corporation Counsel and shall a pay a recertification fee, the amount of which shall be established by resolution of the City Council. If a business fails to recertify the information contained in the application annually, the certificate of use shall immediately expire. Any business which has a certificate of use which expires shall have to apply for a new certificate and will be unable to recertify their prior certificate. Any certificate of use which is currently in effect must be recertified by December 3l, 2015.
Certificates of use shall not be transferred in the event of any change involving the operator of the business, the type of business or the business location. A new certificate of use shall be required if the certificate holder changes the type of business at the location or relocates the business, or if another person wishes to operate the same business or a new business at the location.