ALBANY, N.Y. -- The New York Association of Convenience Stores (NYACS) said that it is "alarmed" by new zoning restrictions being proposed in the City of Rochester, N.Y., "that would discriminate against, and preemptively punish, even the most responsible neighborhood retailers."
Proponents of the zoning amendments seek to "tar all convenience stores as an undesirable form of commerce," the state association said, "and to use this unfair characterization to infringe upon fundamental rights of hard-working business families who collect and remit taxes, provide employment opportunities, comply with myriad state and local regulations and do their best to serve local residents."
Considered on Wednesday by the City Council, the zoning amendments contain provisions that would:
- Arbitrarily declare that c-stores licensed by the State of New York to sell tobacco, beer and lottery tickets are inherently deserving of tighter restrictions than other retail establishments. "This is utterly discriminatory," said NYACS.
- Decree that c-stores and other "high-impact" retail businesses have "a history of or a likelihood of creating negative impacts" on surrounding neighborhoods "such as noise, traffic, parking, loitering and increased need for police services." Said NYACS: "Parking is a negative impact? Is traffic a concern only when it stops at, or passes by, a convenience store? Do loitering and noise issues exist nowhere else in the city?"
- Proclaim that retail businesses other than c-stores "have so few negative impacts that they may be located in close proximity to residential uses as they will offer products and services to residents." The gasoline, coffee, dairy products, ATM, snacks, money orders, over-the-counter medications and other items c-stores carry "apparently fail to qualify as praise-worthy products and services offered to residents," said the group.
- Unjustifiably require "proof of the proper filing of sales taxes" as a condition of obtaining a city business permit. "That's between the store and the state Department of Taxation and Finance, with whom we register as sales tax vendors," NYACS said.
In addition, NYACS said that the city proposes to "coerce" certain shop owners into signing a "Good Neighbor Agreement" pledging to clean "all areas within 100 feet of (his/her) property lines," which the association said "is preposterous," and to display "No Trespassing" signs outside, "essentially telling prospective customers to keep out, chasing business away."
"We acknowledge the legitimate concerns of law enforcement and community leaders about the frequency and severity of incidents in and around certain retail shops in the city. And we respect the city's desire to regulate commerce and maintain order. But in our view, the overzealous restrictions set forth in these proposed amendments would unfairly constrain convenience store owners who are not part of the problem," said NYACS.
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