When it comes to businesses that have adverse effects on our neighborhoods, often times the City has little to no control over the situations. For example:
- Food stores/delis brought in for hearings based on repeated police calls, sale of loosies (individual cigarettes), providing cash in exchange for a benefits recipient’s EBT pin number, then using the pin number to purchase food in bulk and resell it in their store.
- For a used car dealer, it may be consistently having more cars on the lot than allowed per the license. Or perhaps working as a repair shop when their license is solely used car dealer.
As a way to gain local control over situations that the city typically has no say on, South District Councilmember Christopher P. Scanlon presented a resolution (which passed) to Buffalo Common Council to set up an independent Licensing Hearing Board that can deal with the issues as they arise, instead of waiting for the Department of Permits and Inspections to take care of the problem (violation of the terms of their business license).
Currently, the Department of Permits and Inspections issues licenses, sites entities in violation of the terms of their license, and the Commissioner or his designee act as the hearing officer – the same department acts in all three capacities.
“Under the city’s current licensing hearing model, the Department of Permits and Inspections is essentially operating as judge, jury and executioner,” said Scanlon. “As a result, the Department’s hard work identifying violators and compiling a case against them oftentimes falls by the wayside because of the prejudicial nature of the hearing process. When businesses are in violation of the terms of their license, they have a negative impact on the surrounding neighborhood. It’s imperative that as a city, we’re able to legally crackdown on these violators.”
Depending on the business, there are different conditions to their license. In order for a business to get to the point of hearing, there are typically multiple offenses and a pattern of the city repeatedly citing violations.
Moving forward, the Licensing Hearing Board will oversee and rule on the hearings. Up until this point, there has been a perceived unbiased system, which means that the licensees have found loopholes in that the procedure is flawed by being prejudiced. Once questioned, the process is subjected to further civil proceedings.
Scanlon looked to a model similar to the New York State Liquor Authority that incorporates an independent board, armed with guidelines, which is enabled to prosecute license violators.
Scanlon’s office made mention that, “A hearing is almost never the first step for the city. Warnings are issued, tickets written and a hearing is usually the final step after a business has failed to comply. However, when you have a business that gets to the point of a hearing due to the sheer number of violations, it’s extremely frustrating when the city’s rulings aren’t upheld. At that point, the city has put significant resources into addressing this problem business, and we become somewhat helpless in shutting it down when justified. This board will remedy that. Now Councilmember Scanlon will work with the Law Department and the Department of Permits & Inspection to draft an ordinance amendment creating the board. The council has a whole will work together to determine what the makeup of the board should look like and how board members are selected and appointed.”
Photo: Jusben