Overlays

Overlay zones are applied over one or more neighborhood zones, establishing additional or stricter standards and criteria for covered properties in addition to those of the underlying zone. These overlay zones are introduced to address special situations or achieve specific goals.

3.4.1 N-DER Downtown Entertainment Review Overlay

  1. Purpose
    1. The Common Council finds that, in the Downtown Entertainment Review Overlay, there has been an increase in the amount of alcohol-related, criminal, and violent activities involving individuals under the age of 21 years of age who have been illegally served alcohol, resulting in confrontations and criminal activity within the public rights-of-way and open spaces located within this area.
    2. The Common Council further finds that this increase in alcohol-related, violent, and criminal activity has threatened the vitality of the area and that the balance between the general public’s right to use and enjoy these public spaces and to legally patronize establishments that serve alcohol, and the right of those under 21 years of age to use and enjoy these public spaces, is being jeopardized by these alcohol-related incidents.
    3. The Common Council further finds that events which permit commingling of patrons who are under or over 21 years of age without adequate security plans or personnel to ensure that those under the age of 21 are not served or able to consume alcohol has increased the likelihood of criminal activity against pedestrians, motorists, and property and resulted in excessive noise, annoyance, vandalism, and interference with the general public’s right to use and enjoy these public spaces, particularly between the hours of 10:00 p.m. at night and 4:00 a.m. the following morning.
  2. Boundaries.
    • The Downtown Entertainment Review Overlay includes all properties within the area bounded on the north by the center line of Tupper Street, on the east by all properties fronting on the east side of Main Street, on the west by all properties fronting on the west side of Elmwood Avenue, and on the south by the center line of Seneca Street.
  3. Permitted Uses.
    • Any of the uses which presently are allowed in the underlying zone or which may be enlarged by right pursuant to this Ordinance are permitted uses within the Downtown Entertainment Review Overlay, unless restricted by this section.
  4. Special Use Permit
    1. Any tavern licensed to serve alcohol at a particular establishment by the New York State Liquor Authority must not permit the entry of or continued presence of patrons under the age of 21 years of age at any such establishment within the Downtown Entertainment Review Overlay between the hours of 10:00 p.m. at night and 4:00 a.m. the following morning without first having applied for and received a special use permit, per Section 11.3.3.
    2. For purposes of this overlay zone only, a tavern is defined as an establishment where alcoholic beverages are sold for on-site consumption and in which the service of food, if served at all, is incidental to the sale of such beverages, except for a bar located in a hotel/hostel. Examples of public places not deemed to be taverns within this definition include, but are not limited to, restaurants that do not have licenses to serve spirits; catering halls; bowling alleys; billiard parlors; roller rinks; pizzerias; laundromats; game rooms; gas stations; malls; convenience stores; hotel or hostel lobbies; concert, musical or stage production venues, or theaters; schools; and amusement, entertainment and recreational facilities.
  5. Event License
    1. Any establishment seeking to hold a single event, a series of events, or a reoccurring event, which would allow the entry or continued presence of patrons under the age of 21 on premises, while alcohol is being served to those patrons over the age of 21, between the hours of 10:00 p.m. and 4:00 a.m. the following morning within the Downtown Entertainment Review Overlay, must have a special use permit and file an application for a license on forms to be supplied by the City Clerk at least 30 days prior. The forms must be filled out by the applicant and approved as to form by the Department of Permit and Inspection Services, Office of Licenses. The City Clerk must forward the application to the Common Council immediately after the filing of the application.
    2. The forms must include the name, date and time of the event; whether the event is one time only or recurring; how many people are anticipated to attend; how many security personnel will be utilized to provide security; any promoter that has been retained to promote the event; the proposed start and end times; the safeguards to be undertaken to ensure that all patrons under the age of 21 years of age are easily identifiable; any other information required by the license application form; and any other information deemed pertinent to City Clerk.
    3. The Common Council may authorize and direct the approval or denial of the issuance of the license on the basis of the effect on the public health, safety, or welfare within the Downtown Entertainment Review Overlay. The Common Council may attach to such license such restrictions as are necessary or desirable in its judgment to ensure that the proposed event does not impact the surrounding area and the overall health, safety, welfare, and development of the community.
  6. Compliance.
    • Any person found in violation of this section will immediately have the premises closed by any Buffalo Police Officer or any officer of the Department of Permit and Inspection Services and will not be allowed to reopen until the following business day