General Ordinance No.

2014

GENERAL ORDINANCE AMENDING CHAPTER 27 OF THE RE I!ED GENERAL ORDINANCE! OF THE CIT" OF !"RAC#!E$ A! AMENDED$ THE PROPERT" CON!ER ATION CODE OF THE CIT" OF !"RAC#!E$ TO ADD A NE% ARTICLE 12 ENTITLED &#!INE!! CERTIFICATE OF #!E THAT !HALL TRAN!FER AND AMEND THE C#RRENT &#!INE!! CERTIFICATE OF #!E ORDINANCE FO#ND IN CHAPTER 4' OF THE RE I!ED GENERAL ORDINACE! OF THE CIT" OF !"RAC#!E$ A! AMENDED.
WHEREAS, the City of Syracuse determined that regulatory controls were necessary 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 Syracuse so by General rdinance !o" #$%#&&' the City enacted Chapter ($ of the Revised General rdinances of the City of Syracuse, as amended, entitled the )usiness Certificate of *se rdinance, which was later amended to its current form by General rdinance (+%#&&,- and WHEREAS, the City wishes to further amend the )usiness Certificate of *se rdinance and transfer the provisions of Chapter ($ of the Revised General rdinances of the City of Syracuse, as amended to Chapter #., of the Revised General rdinances, ma/ing the )usiness Certificate of *se rdinance a part of the 0roperty Conservation Code of the City of Syracuse- and WHEREAS, the City of Syracuse now wishes to add a new Article +#, to Chapter #. of the Revised General rdinances of the City of Syracuse, as amended, to the 0roperty Conservation Code of the City of Syracuse, entitled )usiness Certificate of *se and Chapter ($ of the Revised General rdinances of the City of Syracuse, as amended, shall be reserved for future use- ! W,

1HERE2 RE, )E 31 R4A3!E4, that the Revised General rdinances of the City of Syracuse, as amended, are hereby amended to add a new Article +# to Chapter #. of the Revised General rdinances of the City of Syracuse, as amended, the 0roperty Conservation Code of the City of Syracuse, to be entitled )usiness Certificate of *se, which shall transfer and amend in part the provisions of the current Chapter ($ entitled )usiness Certificate of *se, which Chapter shall hereafter be reserved for future use- and )E 31 2*R1HER R4A3!E4, that Article +# of Chapter #. of the Revised General rdinances of the City of Syracuse, as amended, shall read as follows5 CHAPTER 27. PROPERT" CON!ER ATION CODE OF THE CIT" OF !"RAC#!E Ar(icle )II. &#!INE!! CERTIFICATE OF #!E !ec. 27*1+2. P,r-o.e. 1he purpose of this Article is to establish regulatory controls to ensure that certain )usinesses are operated in accordance with law, do not have a negative impact upon surrounding residential neighborhoods, or do not endanger the health, safety or welfare of persons in the City of Syracuse" !ec. 27*1+/. De0ini(ion.. As used in this Article, the following terms shall have the meanings indicated5 A" 6)ar7 shall mean one 8+9 or more of the following5 +" #" A building or portion thereof where alcoholic beverages are sold for consumption on the premisesA building or portion thereof 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"

)"

6)usiness7 and 6)usinesses7 shall mean a )ar, 2ood Store, 4rugstore, Restaurant or Smo/ing Establishment as defined herein"

C" 4"

64rugstore7 shall mean a )uilding or portion thereof where prescription drugs are sold at retail, together with dry goods, food or beverages" 62ood Store7 means a )uilding or portion thereof with a total floor space less than twenty thousand 8#&,&&&9 s:uare feet which is devoted, in whole or part, to the sale of dry goods and food and beverages to be consumed off the premises" 6 wner7 means and includes the owner or owners of the freehold of the premises or lesser estate therein who appears as the owner of record with the nondaga County Cler/;s ffice, as well as any person, agent, firm, entity or corporation having any legal or e:uitable interest in the property at the time a notice, order or other document is issued by the 4ivision of Code Enforcement" 60roprietor7 means an owner and<or operator or future owner and<or operator of the )usiness specified on a particular Certificate of *se for a particular )usiness location" 60remises7 shall mean the building in which the )usiness is located, as well as accessory structures and uses, including par/ing lots, and the land on which the building is located" 6Restaurant7 shall mean a building or portion thereof where food is sold to be consumed on or off the 0remises" 1his definition shall not include a building or portion thereof where a non%alcoholic beverage or snac/ is available but is incidental to the conduct of the business at the 0remises or a college or university;s dining halls" 6Smo/ing Establishment7 shall mean a building or portion thereof where tobacco products and paraphernalia, which includes but shall not be limited to cigarettes, cigars, pipes, =rete/s 8clove cigarettes9, hoo/ahs, and Shisha, are used and<or consumed on the premises"

E"

2"

G"

H"

3"

!ec. 27*1+4. Cer(i0ica(e o0 #.e Re1,ired. A" !o 0roprietor shall operate or maintain a )usiness within the City of Syracuse without first having obtained a certificate of use or conditional certificate of use authori>ing the operation of said )usiness by said 0roprietor at the specific )usiness location" !o wner shall allow a )usiness to be operated or maintained at the premises without re:uiring 0roprietor to obtain a certificate of use or conditional certificate of use authori>ing the operation of said )usiness by said 0roprietor at the specific )usiness location" Any )usiness operating without a valid certificate of use shall be considered 6unlawful7 pursuant to the provisions of section +&."+"( of the #&+& 0roperty

)"

C"

?aintenance Code of !ew @or/ State and may be subAect to immediate closure by the 4ivision of Code Enforcement" !ec. 27*1+2. A--lica(ion. A" An application for a certificate of use shall be made by the wner or the 0roprietor to the 4ivision of Code Enforcement on forms prescribed by the 4irector of Code Enforcement" 1he application shall re:uest relevant information relating to the wner, 0roprietor and the )usiness to be conducted at the 0remises, including the eBistence of necessary licenses and permits for the )usiness" Applications for a certificate of use are to be submitted by the wner or 0roprietor, including a 0roprietor who does not yet own and<or operate the subAect )usiness, but will own and<or operate the subAect )usiness within the neBt ninety 8$&9 days" 3n the event the application is not approved, the wner and 0roprietor shall be advised as to the specific re:uirements which must be met to :ualify for a certificate of use and of the right to a hearing on such determination" 3n the event the 4irector of Code Enforcement determines after the City of Syracuse;s review of the application pursuant to Section #.%+,, of this Article that the business is not :ualified for a certificate of use based upon any re:uirement which the 4irector of Code Enforcement determines cannot be complied with by means of an eBtension of time under Section #.%+.( 8b9 of this Article, the 4irector of Code Enforcement shall notify the wner and 0roprietor in writing of the reasons the application cannot be approved and provide notice to the wner and 0roprietor of the right to a hearing on such determination" Any such hearing shall be re:uested in writing to the 4irector of Code Enforcement within fifteen 8+C9 days of the date of such notice of determination that the application cannot be approved" A hearing, when re:uested, shall5 +" )e held before a hearing officer chosen by the 4irector of Code Enforcement who shall not be an employee of the 4ivision of Code Enforcement)e recorded by a stenographer1a/e place no later than fifteen 8+C9 business days after the 4irector of Code Enforcement receives the written re:uest from the wner or 0roprietor for the hearing" 1he 4irector of Code Enforcement may adAourn the date only upon the wner or 0roprietor presenting compelling reason8s9 in writing that an adAournment of the hearing date is warranted-

)"

C"

4"

E"

#" '"

("

1he wner and 0roprietor shall be allowed to be represented by Counsel and shall be allowed to call witnesses on their behalf and conduct cross% eBamination of all witnesses"

2"

*pon receipt of the transcript of the hearing, the Corporation Counsel or his<her designee shall have the transcript and all eBhibits from the hearing forwarded to the hearing officer" 1he hearing officer shall review the transcript and eBhibits and within thirty 8'&9 days from receipt of the transcript and eBhibits, render a written recommendation to the 4irector of Code Enforcement as to whether the application for a certificate of use should be approved" 1hirty 8'&9 days after receiving from the hearing officer a transcript of the suspension<revocation hearing, all eBhibits submitted at the hearing and the hearing officer;s written recommendation, the 4irector of Code Enforcement, shall conduct a de novo review of the transcript, all eBhibits submitted at the hearing and the hearing officer;s written recommendation" 1he 4irector shall determine whether the application for a certificate of use should be approved" 3f the determination of the 4irector of Code Enforcement is that the application be denied, the 4irector shall issue a written rder containing his<her determination" 1he rder shall be drafted within thirty 8'&9 days by the Corporation Counsel or his<her designee and then signed by the 4irector of Code Enforcement" Any such rder issued pursuant to Subsection 8,9 above shall be served on the wner and 0roprietor pursuant to the provisions of Article ' of the !ew @or/ Civil 0ractice Daw and Rules" In.-ec(ion. and In3e.(i4a(ion.. *pon receipt of an application for a certificate of use, the 4irector of Code Enforcement or his<her designee, the Chief of 2ire or his<her designee, and the Eoning Administrator or his<her designee shall inspect the 0remises to determine whether the 0roprietor and wner are complying with the laws and ordinances which they are charged with enforcing" 1he Chief of 0olice or his<her designee shall also conduct a criminal bac/ground chec/ on the applicant" 1he Chief of 0olice, the 4irector of Code Enforcement, the Chief of 2ire and the Eoning Administrator along with members of their staff shall have the right to enter upon any 0remises for which a certificate of use is sought for the purpose of ma/ing such an inspection during normal business hours, and shall also have the authority to see/ warrants where necessary" *pon receipt of an application for a certificate of use, the City of Syracuse Eoning Administrator or his<her designee shall review the location to ensure that the operation of the )usiness at that location will be in compliance with the Eoning rdinance"

G"

H"

!ec 27*1++. A"

)"

C"

1he 4irector of Code Enforcement or his<her designee shall determine that the wner and 0roprietor do not have an eBpired conditional certificate of use, is not serving a period of suspension, has not had a previous certificate of use or conditional certificate of use revo/ed, is not the subAect of pending charges brought for violations of the terms and conditions of a certificate of use or conditional certificate of use, and that the wner and 0roprietor has procured all necessary licenses and permits for the )usiness"

!ec. 27*1+7. I..,ance o0 Cer(i0ica(e. o0 #.e and Condi(ional Cer(i0ica(e. o0 #.e. A" A certificate of use shall be issued when the following conditions have been satisfied5 +" #" '" (" All fees re:uired by Section #.%+,$ of this Article have been paid1he application form has been completed and accepted by the 4ivision of Code Enforcement1he wner and 0roprietor have all necessary licenses and permits for the )usiness1he 0roprietor does not have an eBpired conditional certificate of use, a certificate of use or conditional certificate of use that is under suspension, a previous certificate of use or conditional certificate of use revo/ed, and<or does not have charges pending for violations of the terms and conditions of a certificate of use or conditional certificate of use1he wner and the 0roprietor do not owe the City any money for delin:uent taBes, water charges, civil penalties, par/ing tic/ets or other duly incurred charges, fines or penalties- and 4ue to the interaction between 0roprietors and the general public, the City has an interest in protecting the health, safety and welfare of the public" Accordingly, the City will conduct a criminal bac/ground chec/ on each applicant in accordance with section #$,8+,9 of the !ew @or/ State EBecutive Daw" 1he 4irector of Code Enforcement ma/es a determination in accordance with Article #'%A of the !ew @or/ State Correction Daw" Specifically5 a" 1he criminal bac/ground chec/ shall initially be reviewed by an individual who is not directly involved in the final determination" 2or purposes of this paragraph, this individual shall be called a 6screener7" 1he screener shall review the criminal bac/ground chec/ and determine if the applicant has been convicted of5

C"

,"

b"

i"

Any felony in the five 8C9 years preceding the date of the application for a crime involving5 A" theft)" fraudC" the sale of mariAuana- or 4" the sale of controlled substances" Any misdemeanor in the two 8#9 years preceding the date of the application for a crime involving5 A" theft)" fraudC" the sale of mariAuana4" the sale of controlled substancesE" selling stolen goods2" unlawfully dealing with a child- or G" violations of the Alcoholic )everage Control Daw"

ii"

c"

3n the event that the bac/ground chec/ is free from convictions for any of the offenses enumerated above, the screener shall communicate to the 4irector of Code Enforcement that the applicant;s bac/ground is clear, even if there are other convictions contained within the bac/ground chec/" A bac/ground chec/ with convictions for offenses others than the ones set forth above shall have the same effect as a bac/ground chec/ with no convictions" 3n the event that the applicant;s bac/ground chec/ does contain one of the above enumerated offenses, the screener shall deliver to the 4irector of Code Enforcement the bac/ground report, along with a notation of which offense or offenses, of the above enumerated offenses, necessitate further review" 1he 4irector of Code Enforcement shall communicate to the applicant, via certified letter, that the bac/ground chec/ revealed one of the above enumerated offenses" 1he 4irector of Code Enforcement shall include a copy of the full bac/ground chec/ with this correspondence" 1he letter shall inform the applicant of the opportunity to provide any information to the 4irector of Code Enforcement regarding rehabilitation and<or good conduct" 1he applicant shall furnish such information, if any, in writing to the 4irector of Code Enforcement within ten 8+&9 days of the date of the certified letter sent form the 4irector of Code Enforcement" After the ten 8+&9 days has lapsed, the 4irector of Code Enforcement shall then review the bac/ground chec/ in accordance with Article #'%A of the Correction Daw of !ew @or/

d"

e"

f"

State, even if the applicant has not submitted any information regarding rehabilitation and<or good conduct" ." All applicable City officials in Section #.%+,, of this Article have inspected and investigated the )usiness, the )usiness;s 0remises and the )usiness location and have approved the wner;s application for a certificate of use"

)"

A conditional certificate of use may be issued where the 4irector of Code Enforcement or his<her designee has decided to issue a conditional certificate of use where the following conditions have been satisfied5 +" #" '" (" All fees re:uired by Section #.%+,$ of this Article have been paid1he application form has been completed and accepted by the 4ivision of Code Enforcement1he wner and 0roprietor have all necessary licenses and permits for the )usiness1he 0roprietor does not have an eBpired conditional certificate of use, a certificate of use or conditional certificate of use that is under suspension, a previous certificate of use or conditional certificate of use revo/ed, and<or has charges pending for violations of the terms and conditions of a certificate of use or conditional certificate of use1he wner and 0roprietor do not owe the City any money for delin:uent taBes, water charges, civil penalties, par/ing tic/ets or other duly incurred charges, fines or penalties- and 4ue to the interaction between 0roprietors and the general public, the City has an interest in protecting the health, safety and welfare of the public" Accordingly, the City will conduct a criminal bac/ground chec/ on each applicant in accordance with section #$,8+,9 of the !ew @or/ State EBecutive Daw and the 4irector of Code Enforcement ma/es a determination in accordance with Article #'%A of the !ew @or/ State Correction Daw" Specifically5 a" 1he criminal bac/ground chec/ shall initially be reviewed by an individual who is not directly involved in the final determination" 2or purposes of this paragraph, this individual shall be called a 6screener7" 1he screener shall review the criminal bac/ground chec/ and determine if the applicant has been convicted of5

C"

,"

b"

i"

Any felony in the five 8C9 years preceding the date of the application for a crime involving5 A" theft)" fraudC" the sale of mariAuana- or 4" the sale of controlled substances" Any misdemeanor in the two 8#9 years preceding the date of the application for a crime involving5 A" theft)" fraudC" the sale of mariAuana4" the sale of controlled substancesE" selling stolen goods2" unlawfully dealing with a child- or G" violations of the Alcoholic )everage Control Daw"

ii"

c"

3n the event that the bac/ground chec/ is free from convictions for any of the offenses enumerated above, the screener shall communicate to the 4irector of Code Enforcement that the applicant;s bac/ground is clear, even if there are other convictions contained within the bac/ground chec/" A bac/ground chec/ with convictions for offenses others than the ones set forth above shall have the same effect as a bac/ground chec/ with no convictions" 3n the event that the applicant;s bac/ground chec/ does contain one of the above enumerated offenses, the screener shall deliver to the 4irector of Code Enforcement the bac/ground report, along with a notation of which offense or offenses, of the above enumerated offenses, necessitate further review" 1he 4irector of Code Enforcement shall communicate to the applicant, via certified letter, that the bac/ground chec/ revealed one of the above enumerated offenses" 1he 4irector of Code Enforcement shall include a copy of the full bac/ground chec/ with this correspondence" 1he letter shall inform the applicant of the opportunity to provide any information to the 4irector of Code Enforcement regarding rehabilitation and<or good conduct" 1he applicant shall furnish such information, if any, in writing to the 4irector of Code Enforcement within ten 8+&9 days of the date of the certified letter sent form the 4irector of Code Enforcement" After the ten 8+&9 days has lapsed, the 4irector of Code Enforcement shall then review the bac/ground chec/ in accordance with Article #'%A of the Correction Daw of !ew @or/

d"

e"

f"

State, even if the applicant has not submitted any information regarding rehabilitation and<or good conduct" ." 1he wner or 0roprietor indicates in a signed, notari>ed writing on a form provided by the 4irector of Code Enforcement, their intention to ta/e the necessary action to comply with the re:uirements given them by the applicable City officials in Section #.%+,, for the approval of their application for a certificate of use"

C"

A conditional certificate of use shall contain a date by which the wner or 0roprietor who signed the notari>ed writing submitted to the 4irector of Code Enforcement must comply with the re:uirements for approval by the applicable City officials in Section #.%+,, of this Article" A conditional certificate of use shall not be eBtended for any reason" *pon completion of the re:uirements set forth in the conditional certificate of use and the approval of the wner;s application by said City officials, the 4irector of Code Enforcement shall issue a certificate of use to the 0roprietor for the )usiness in accordance with the terms of this Section" )oth certificates of use and conditional certificates of use shall include the date on which the certificate of use or conditional certificate of use will eBpire" Certificates of use and conditional certificates of use shall be conspicuously posted in a window or door so that they are visible from the closest public right% of%way Certificates shall be issued or denied within ninety 8$&9 days after an application is completed" !othing herein shall re:uire the 4irector of Code Enforcement to issue or deny a certificate of use within such period, if the necessary reviews and approvals by the City officials in Sections #.%+,, and #.%+,.. have not been completed"

4"

E" 2"

G"

!ec. 27*1+5. O-era(ion o0 &,.ine..e.. A" 1he 0roprietor of any )usiness shall comply with all provisions of 2ederal and State statutes and rules and regulations and all City of Syracuse local laws, ordinances and rules and regulations relating to the conduct of )usinesses and the occupation, use and maintenance of the 0remises in which the )usiness is located" ?oreover, owners and proprietors shall comply with any and all notices, orders, decisions and determinations made by any City official which governs the occupation and use of the business" 1he 0roprietor of any )usiness shall cause the certificate of use to be posted in a conspicuous place visible to the public on the 0remises of the )usiness"

)"

C" 4"

1he 0roprietor of any )usiness shall not permit at any time a greater number of persons on the 0remises than the capacity approved by the City of Syracuse" 1he 0roprietor of any )usiness shall maintain good order on and about the 0remises at all times" 1he 0roprietor of any )usiness shall also be responsible for removing refuse from the 0remises and obstructions from the sidewal/ adAacent to the 0remises as well as for operating the )usiness in accordance with the re:uirements of all State statutes, rules and regulations and all City of Syracuse local laws, ordinances and rules and regulations, and for operating the )usiness so that neither the )usiness nor its patrons become a source of disruption to other building tenants or a source of disruption on the sidewal/s, streets or other private property in the vicinity of the )usiness" 1he term 6failure to maintain good order7 shall include, but not be limited to, the following5 +" Allowing or permitting the 0remises to become disorderly, including allowing or permitting offenses against public order in violation of Chapter +,, Article # of the Revised General rdinances of the City of Syracuse, as amended" Gambling in violation of Chapter +,, Article # of the Revised General rdinances of the City of Syracuse, as amended" 0rostitution" 3llegal possession, use, gift, sale, or offer for sale of alcoholic beverages" 3llegal possession, use, gift, sale, or offer for sale of cigarettes or tobacco products" 2ood stamp or welfare fraud or criminal diversion of prescription medications and prescriptions" Dittering in violation of Chapter +( of the Revised General rdinances of the City of Syracuse, as amended" 0ossession, use, gift, sale, or offer for sale of illegal drugs" !oise Control rdinance violations in contravention of Chapter (& of the Revised General rdinances of the City of Syracuse, as amended" 0ossession of stolen property" perating beyond the legal hours of operation" 3llegal possession, use, gift, sale, or offer for sale of dangerous weapons"

#" '" (" C" ," ." F" $" +&" ++" +#"

+'"

Giolations of the !ew @or/ State *niform 2ire 0revention and )uilding Code and the City of Syracuse;s Eoning rdinance, 0roperty Conservation Code, )uilding Code, Electrical Code, ?echanical Code and Elevator Code" Doitering in violation of Chapter #(, Article +' of the Revised General rdinances of the City of Syracuse, as amended"

+(" !ec. 27*1+'. Fee..

1he fee for a certificate of use, both for initial applications for a certificate of use and for renewals of a certificate of use shall be five hundred dollars 8HC&&"&&9 every two 8#9 years" !ec. 27*170. E6-ira(ion o0 (7e Cer(i0ica(e. Certificates of use shall be valid for a period of two 8#9 years from the date of issuance, unless the certificate is suspended or revo/ed pursuant to this Article" 1he date of eBpiration shall be printed on the certificate" !ec. 27*171. Rene8al o0 (7e Cer(i0ica(e. A" !o later than siBty 8,&9 days prior to the eBpiration date of the certificate of use, the wner of the applicable )usiness shall apply for the renewal of the )usiness;s certificate of use with the 4ivision of Code Enforcement on a form provided by the 4irector of Code Enforcement" 1he period for renewal shall be listed on the Certificate of *se when it is issued" 1he issuance or denial of renewals of certificates of use shall follow the re:uirements set forth in Section #.%+,." 2ailure to apply for and obtain a renewal of a certificate of use may result in the )usiness being closed as unlawful, pursuant to section +&."+"( of the #&+& !ew @or/ State 0roperty ?aintenance Code, until the renewal certificate of use is issued" 2ailure of the 4irector of Code Enforcement to provide such form shall not relieve the wner from the obligation to comply with this section" Tran.0er o0 (7e Cer(i0ica(e. Certificates of use shall not be transferred or assigned in the event of any change involving the 0roprietor, the type of )usiness, or the )usiness location" A new certificate of use shall be re:uired if the certificate holder changes the type of )usiness at the location or relocates the )usiness, or if another person wishes to operate the same )usiness or a new )usiness at the location" 1he 0roprietor of any )usiness that has a certificate of use shall notify the 4irector of Code Enforcement within five 8C9 business days following the date

)" C"

!ec. 27*172. A"

)"

when such wner transfers, assigns, sells, closes or moves the )usiness" *pon being notified, the 4irector of Code Enforcement shall cancel the certificate of use for the )usiness" !ec. 27*17/. Fail,re (o A--l9 0or Cer(i0ica(e o0 #.e. A" 3n the event the wner or the 0roprietor shall fail to apply for a certificate of use as re:uired herein, the 4irector of Code Enforcement shall notify the wner in writing of such violation pursuant to the procedure set forth in Section #.%++( of this Chapter" 1he 4irector of Code Enforcement, may, but is not re:uired to, also provide such notice of violation to the 0roprietor, if the 0roprietor;s information is /nown" 3n the event the wner or the 0roprietor is provided with notice pursuant to Section #.%+.' 8A9 and neither submits the re:uired application within the time set for the correction of the violation, the 4irector of Code Enforcement and<or his<her designee may treat the failure to apply for the certificate of use the same as any other violation of this Chapter shall be treated" Additionally, the business may be deemed unlawful pursuant to section +&."+"( of the #&+& !ew @or/ State 0roperty ?aintenance Code and subAect to immediate closure by the 4ivision of Code Enforcement" O-era(ion o0 &,.ine...

)"

!ec. 27*174.

1he 0roprietor of a )usiness subAect to the provisions of this Article must obtain a certificate of use or conditional certificate of use prior to the commencement of any business operations" 3n the event an application is approved, the 4irector of Code Enforcement shall issue the 0roprietor a certificate of use in accordance with the terms of this Article" 3n the event the application is denied, the provisions of Section #.%+,C shall be followed" !ec. 27*172. !,.-en.ion or Re3oca(ion o0 Cer(i0ica(e o0 #.e. A" Any certificate of use or conditional certificate of use issued pursuant to this Article may be suspended or revo/ed by the 4irector of Code Enforcement in accordance with the provisions of this Article based on5 +" #" '" 2indings after a suspension or revocation hearing on notice conducted in accordance with the procedure detailed in subsection 8)9 below- or A closing of the business location pursuant to Chapter (C of the Revised General rdinances of the City of Syracuse, as amended- or 2ailure to comply with the provisions of Section #.%+., and the proprietor has been convicted of a felony or misdemeanor involving theft or fraud since the certificate of use was issued as detailed in Section #.%+.C 8C9 below"

)"

3n the event a 0roprietor issued a certificate of use has failed to maintain good order at the subAect business as re:uired by Section #.%+.,, the 4irector of Code Enforcement is authori>ed to conduct a suspension or revocation hearing on notice to the wner and 0roprietor to determine whether the certificate of use should be suspended or revo/ed based on the violations set forth in the notice" !otice shall be served pursuant to the service rules set forth in Article ' of the !ew @or/ State Civil 0ractice Daw and Rules" +" A copy of the hearing notice shall be sent to the 4istrict Councilor in whose district the subAect business is located" a" b" 3t shall be the responsibility of the 4istrict Councilor to provide notice of the hearing to his<her constituents" 3n the event the 4istrict Councilor and<or his<her constituents wish to provide testimony to be considered by the hearing officer, and ultimately the 4irector of Code Enforcement, they shall be allowed to submit written statements made under penalty of perAury before a !otary 0ublic" Such statements shall be forwarded to the 4irector of Code Enforcement no less than fifteen 8+C9 days prior to the day of the hearing" 1he 4irector of Code Enforcement shall send, via certified mail, copies of the written statements to the wner and 0roprietor at the address to where service of the notice of hearing was made no less than ten 8+&9 days prior to the day of the hearing" 1he original written statements shall be delivered by the 4irector of Code Enforcement to the hearing officer prior to the day of the hearing"

#"

1he suspension or revocation hearing shall be scheduled for a date no fewer than thirty 8'&9 days and no more than siBty 8,&9 business days after the date upon which the wner and 0roprietor are served with notice of the hearing" 1he 4irector of Code Enforcement may adAourn the date only upon the wner or 0roprietor presenting compelling reason8s9 in writing that an adAournment of the hearing is warranted" Such an adAournment shall in no circumstances be later than twenty 8#&9 business days from the originally scheduled date for the suspension or revocation hearing" 1he suspension or revocation hearing shall be held before the hearing officer chosen by the 4irector of Code Enforcement, who shall not be an employee of the 4ivision of Code Enforcement" 1he hearing officer shall consider as evidence any written testimony that was provided pursuant to section #.%+.C 8)98+98c9 above" ral testimony from members of the public shall not be heard" Strict adherence to the !ew @or/ Rules of Evidence shall not be necessary"

'"

(" C"

1he suspension or revocation hearing shall be recorded by a stenographer" 1he wner and 0roprietor shall be allowed to be represented by Counsel and shall be allowed to call witnesses on their behalf and conduct cross% eBamination of all witnesses" Additionally, the wner and<or proprietor shall be allowed to testify and<or submit evidence to respond to any written testimony previously submitted pursuant to section #.%+.C 8)98+9 8c9 above" *pon receipt of the transcript of the hearing, the Corporation Counsel or his<her designee shall have the transcript and all eBhibits from the hearing forwarded to the hearing officer" 1he hearing officer shall review the transcript and eBhibits and within thirty 8'&9 days from receipt of the transcript and eBhibits, render a written recommendation to the 4irector of Code Enforcement as to whether the certificate of use should be revo/ed, suspended or remain valid" 1hirty 8'&9 days after receiving from the hearing officer a transcript of the suspension<revocation hearing, all eBhibits submitted at the hearing and the hearing officer;s written recommendation, the 4irector of Code Enforcement, shall conduct a de novo review of the transcript, all eBhibits submitted at the hearing and the hearing officer;s written recommendation" 1he 4irector shall determine whether the certificate of use should be revo/ed, suspended or remain valid" 3f the determination of the 4irector of Code Enforcement is that the certificate should be revo/ed or suspended, the 4irector shall determine the length of time for which the certificate shall be revo/ed or suspended" 1he 4irector shall issue a written rder containing his<her determination" 1he rder shall be drafted within thirty 8'&9 days by the Corporation Counsel or his<her designee and then signed by the 4irector of Code Enforcement" Any such rder issued pursuant to Subsection 8,9 above shall be served on the wner and 0roprietor pursuant to the provisions of Article ' of the !ew @or/ Civil 0ractice Daw and Rules" A copy of the rder shall also be posted to the business location"

,"

."

F"

C"

!otwithstanding the provisions above, the 4irector of Code Enforcement shall be authori>ed to temporarily suspend a certificate of use prior to a suspension or revocation hearing in the event that the owner or proprietor has failed to maintain good order at the subAect business as re:uired by Section #.%+.,, and the proprietor has been convicted of a felony or misdemeanor involving theft or fraud since the time the certificate of use was issued" 3n the event the Chief of 0olice of the City of Syracuse has commenced enforcement proceedings against a property owner to abate a nuisance in accordance with Chapter (C of the Revised General rdinances, as amended,

4"

relative to a premises containing a )usiness subAect to the certificate of use re:uirements of this Article, a copy of the notice of hearing shall be given to the )usiness at the address provided for notice in connection with a certificate of use, along with a written notice that in the event the )usiness location is closed as a result of the nuisance abatement proceeding, the certificate of use shall be revo/ed for the period of such closing and the )usiness shall remain closed for the period provided in such nuisance abatement order" E" 1he action of the 4irector of Code Enforcement in granting or refusing to grant or to renew a license under this article or in revo/ing or suspending or refusing to revo/e or suspend such a license or imposing any fine or reprimand shall be subAect to review by a proceeding instituted under article seventy%eight of the civil practice law and rules at the instance of the applicant for such license, the holder of a license so revo/ed, suspended, fined or reprimanded or the person aggrieved

!ec. 27*17+. Fail,re (o Main(ain Good Order a( (7e &,.ine.. Loca(ion. A" 2or the purposes of this Article, the 0roprietor holding a certificate of use or conditional certificate of use shall be deemed to have failed to maintain good order at the )usiness location in the event a sufficient number of violations are found to have occurred relative to separate incidents at the subAect 0remises, resulting in the accumulation of twelve 8+#9 or more points within a period of twelve 8+#9 months or eighteen 8+F9 or more points within a period of twenty%four 8#(9 months in accordance with the following point system5 +" Giolations of the following federal laws or corresponding rules and regulations, State statutes and rules and regulations and City of Syracuse local laws, ordinances and rules and regulations, which have not resulted in a conviction or Audgment, shall be assigned a point value of four 8(9 points5 a" b" c" d" e" Article ##& of the !ew @or/ State 0enal Daw I Controlled Substances ffensesArticle ##+ of the !ew @or/ State 0enal Daw I ffenses 3nvolving ?arihuanaArticle ##C of the !ew @or/ State 0enal Daw I Gambling ffensesArticle #'& of the !ew @or/ State 0enal Daw I 0rostitution ffensesArticle +#& of the !ew @or/ State 0enal Daw I Assault and Related ffenses-

f" g" h" i" A" /" l" m" n"

Article +CC of the !ew @or/ State 0enal Daw I Darceny ffensesSections +,C"(&, +,C"(C, +,C"C&, +,C"C# and +,C"C( of the !ew @or/ State 0enal Daw ICriminal 0ossession of Stolen 0ropertyAny violation of the !ew @or/ State Alcoholic )everage Control DawArticle #,C of the !ew @or/ State 0enal Daw % 2irearms and other 4angerous WeaponsSection #.&"&& of the !ew @or/ State 0enal Daw I *nlawfully 4ealing with 2irewor/s and 4angerous 2irewor/sSection (+C%a of the !ew @or/ State Gehicle and 1raffic Daw I Gehicle 4ismantlersSection +.C"+& of the !ew @or/ State 0enal Daw I 2alsifying )usiness RecordsChapter $, Article $, of the Revised General rdinances of the City of Syracuse, as amended, entitled Secondhand 4ealers0ossession, use, sale or offer for sale of any alcoholic beverage in violation of Article +F of the !ew @or/ State 1aB Daw and<or Section #,&"#& of the 0enal Daw, or of any cigarette or tobacco products in violation of Article #& of the 1aB Daw and<or Section #,&"#+ of the 0enal DawArticle +CF of the !ew @or/ State 0enal Daw % Welfare 2raudArticle +.F of the !ew @or/ State 0enal Daw I Criminal 4iversion of 0rescription ?edications and 0rescriptionsSection +(. of the !ew @or/ State Social Services Daw % 2ood stamp program fraudAny violation of the !ew @or/ State *niform 2ire 0revention and )uilding Code and the City of Syracuse;s Eoning rdinance, 0roperty Conservation Code, )uilding Code, Electrical Code, ?echanical Code and Elevator Code which is life threatening and<or necessitates the declaring of the 0remises as 6unfit for habitation7, an 6unsafe structure7, and<or any 6unlawful structure7-

o" p" :" r"

s"

Article +'%2 of the !ew @or/ State 0ublic Health Daw, Regulation of 1obacco 0roducts and Herbal Cigarettes- 4istribution to ?inors1itle #+ of the *nited States Code Annotated, 2ood and 4rugs1itle G33 of 0ublic Daw +&$%+.., 1he Combat ?ethamphetamine Epidemic Act of #&&C-

t" u" #"

Giolations of the following State statutes and rules and regulations and City of Syracuse local laws, ordinances and rules and regulations, which have not resulted in a conviction or Audgment, shall be assigned a point value of three 8'9 points5 a" 1he !ew @or/ State *niform 2ire 0revention and )uilding Code and the City of Syracuse;s Eoning rdinance, 0roperty Conservation Code, )uilding Code, Electrical Code, ?echanical Code and Elevator Codeperating a )usiness during hours which the )usiness is re:uired to be closed pursuant to the State of !ew @or/;s statutes and rules and regulations and<or the City of Syracuse;s local laws, ordinances and rules and regulationsAllowing persons on the 0remises in eBcess of occupancy limits" Section +(%#C"+ of the Revised General rdinances of the City of Syracuse, entitled Health and Sanitation I Dittering" Chapter (& of the Revised General Syracuse I !oise Control rdinancerdinances of the City of

b"

c" d" e" f"

Chapter C, Article + of the Revised General rdinances of the City of Syracuse, as amended I Amusement )usinesses and 0ublic Assemblages for Entertainment or Culture, General Dicensing 0rovisionsAllowing or permitting the 0remises to become disorderly, including allowing or permitting offenses against public order" Chapter #(, Article +' of the revised General rdinances of the City of Syracuse, as amended, entitled Doitering"

g" h" )"

2or purposes of this Article, in addition to the point system set forth in Section #.%+.,8A9, two 8#9 additional points shall be added to any of the violations

specified in Section #.%+., 8A9 which have resulted in a conviction and<or Audgment in favor of the prosecuting party" C" 2or purposes of this Article, in addition to the point system set forth in Section #.%+., 8A9, two 8#9 additional points shall be added to any of the violations specified in section #.%+., 8A98+98r9 every thirty 8'&9 days that the violation remains uncorrected, and one 8+9 additional point shall be added to any of the violations specified in section #.%+., 8A98#98a9 every thirty 8'&9 days that the violations remain uncorrected" 2or purposes of this Article, where more than one 8+9 violation of the State statutes and rules and regulations and City of Syracuse local laws, ordinances and rules and regulations set forth above in section #.%+., 8A9 occurs during a single incident, the total points for the incident shall be the highest point value assigned to any single violation" )usinesses that have a conditional certificate of use shall be subAect to this Section and any points they accumulate prior to the issuance of the certificate of use shall be carried forward to such certificate of use" Carryover of 0oints5 3n the event that a business re:uiring a certificate of use vacates a premises for any reason and a new business needing a certificate of use intends to use the same premises, and there are points associated with the condition of the premises or building, those points shall carryover to the new business;s certificate of use for the duration of the two year period from the date the points were assessed"

4"

E"

2"

!ec. 27*177. No(ice (o O8ner. Rela(i3e (o Acc,:,la(ed Poin(.. A" 3n the event that it shall come to the attention of the 4irector of Code Enforcement or his<her designee that a )usiness issued a certificate of use pursuant to this Article has accumulated as provided by Section #.%+., hereof, eight 8F9 or more points in any siB 8,9 month period or twelve 8+#9 or more points in any eighteen 8+F9 month period, the 4irector of Code Enforcement or his<her designee shall transmit to the wner or the 0roprietor, where applicable, by certified mail at the address specified in the application for said certificate of use, a letter advising the wner or the 0roprietor of the number of points accumulated and warning the wner or the 0roprietor, where applicable, of the possibility of suspension or revocation of the subAect certificate of use upon accumulation of the twelve 8+#9 or more points in a twelve 8+#9 month period or eighteen 8+F9 or more points in a twenty%four 8#(9 month period" 1he failure of the 4irector of Code Enforcement or his<her designee to transmit a warning letter pursuant to Section #.%+.. 8A9 hereof or the failure of the wner or his<her<their designee, or 0roprietor, where applicable, to receive a warning letter shall in no event be a defense to suspension or revocation of the certificate

)"

of use or criminal or civil penalties or an inAunction as provided for in this Chapter" !ec. 27*175. Pro:,l4a(ion o0 Policie. and Proced,re.. A Committee comprised of the 4irector of Code Enforcement or his<her designee, the Chief of 0olice or his<her designee, the Chief of 2ire or his<her designee, the Chief of 2ire or his<her designee, the Commissioner of 2inance or his<her designee, and the Chair of the Common Council Committee on Economic 4evelopment, 4owntown and ?etropolitan 0lanning or his<her designee may promulgate administrative policies and procedures to carry out and give full effect to the provisions of this Article" 3n addition to the previously listed individuals, the committee shall also be comprised of, on a rotating basis, a 1omorrow;s !eighborhoods 1oday 81!19 facilitator and a business proprietor from that 1!1 area, who shall be chosen by the facilitator" 1he 1!1 facilitator and business proprietor shall rotate every siB 8,9 months, in the following order5 !orthside, Eastwood, Eastside, 4owntown, Galley, Southside, Westside, Da/efront" A copy of the policies and procedures promulgated by this committee shall be filed with the Syracuse City Cler/;s ffice" !ec. 27*17'. !e3era;ili(9. 3n the event any clause, sentence, paragraph, section or part of this Chapter shall be finally adAudged by a court of competent Aurisdiction to be invalid, unlawful and<or unconstitutional, such determination shall not affect, impair or invalidate the remainder thereof but shall be limited to the portion directly involved in the determination and the remainder of this Chapter shall remain in full force and effect" !ec. 27*150. Acce.. (o Pre:i.e. 0or In.-ec(ion.. 3n addition to the re:uirements set forth in Section #.%+,,, officers and employees of any City departments with responsibility to enforce or assist the 4irector of Code Enforcement in enforcing this Article shall have the right of access to any )usiness subAect to the terms of this Article for the purpose of ma/ing an inspection during normal business hours and the City of Syracuse shall also have the authority to see/ inspection warrants where necessary to properly administer this Article" !ec. 27*151. Ann,al Re-or( (o (7e Co::on Co,ncil Every year the 4irector of Code Enforcement or his<her designee shall prepare and submit to the Common Council an annual report detailing the number of )usinesses that have a certificate of use and the number and names of )usinesses that have had their certificate of use suspended and<or revo/ed pursuant to this Article" 1he annual report should be transmitted to the Common Council no later than April +st in the year in which the annual report is due with the first annual report being due no later than April +, #&+C"

!ec. 27*152. Penal(ie. < Cri:inal and Ci3il. A" Criminal 0enalties5 Any wner or 0roprietor who having been served with a notice or order to correct or remove any violations of this Chapter who fails to comply with such notice or order within the time period fiBed by the 4irector of Code Enforcement shall be guilty of an offense and upon conviction shall be punishable by a fine of not less than fifty dollars 8HC&"&&9 nor more than one hundred fifty dollars 8H+C&"&&9 or imprisonment for not more than fifteen 8+C9 days or both for each offense" Civil 0enalty I 3mposition of Cumulative Civil 0enalty5 Any wner or 0roprietor who having been served with a notice or order to correct or remove any violation of this Article shall be subAect to a cumulative civil penalty of one hundred dollars 8H+&&"&&9 per day for each separate violation from the date set for correction in the notice or order until the violation is corrected" 1he penalty may be collected by the Corporation Counsel by action or special proceeding against the wner or 0roprietor" Enforcement of Civil 0enalty" +" 1he Corporation Counsel may maintain an action or special proceeding in a court of competent Aurisdiction for the recovery of civil penalties, together with costs and disbursements" 3n addition to any action or special proceeding for civil penalty as provided in subsection one 8+9 above, the Corporation Counsel may, where the wner or 0roprietor has failed to correct the violation8s9 set forth in any notice or order issued pursuant to this Chapter, bring such action or special proceeding as necessary to enAoin the wner from continuing to operate or maintain any )usiness in violation of the terms of this Article"

)"

C"

#"

!ec. 27*15/. En0orce:en(. 1he enforcement by the City of Syracuse of this Article in the manner provided herein shall not be deemed to limit in any manner the City of Syracuse;s authority to enforce the provisions of other 2ederal, State and Docal laws, ordinances, rules and regulations against )usinesses covered by this Article" - and )E 31 2*R1HER R4A3!E4, that this rdinance shall be effective ninety 8$&9 days

after it is approved by the ?ayor- and

)E 31 2*R1HER R4A3!E4, that all remaining sections of Chapter #. of the Revised General rdinances of the City of Syracuse, as amended, being the 0roperty Conservation Code rdinance shall remain in full force and effect as

of the City of Syracuse, not amended by this previously adopted- and )E 31 2*R1HER

R4A3!E4, that Chapter ($ of the Revised General

rdinances of

the City of Syracuse, as amended, formerly the )usiness Certificate of *se rdinance, is hereby transferred to Article +#, of Chapter #. of the Revised General rdinances of the City of

Syracuse, as amended, the 0roperty Conservation Code of the City of Syracuse, and Chapter ($ is hereby reserved for future use"