Authorizes the enactment of zoning laws and ordinances to regulate formula retail uses

1 Co-sponsor

• Brad Hoylman-Sigal

Title of bill

An act to amend the town law, the village law, and the general city law, in relation to authorizing the enactment of zoning laws and ordinances to regulate formula retail uses

Purpose

This legislation would make it clear that local governments have the authority under New York State law to enact regulations to address the issue of formula retail uses.

Summary of provisions

Section 1. Legislative finding.

Section 2, 3 and 4. The town law, the village law and the general city law, respectively, are amended to define the term "formula retail use" as a retail sales establishment which, along with ten or more other retail sales establishments located in the United States, maintains two or more of the following features: a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, a uniform apparel, standardized signage, a trademark or a service mark. Provides that zoning regulations may include the regulation, restriction or prohibition of formula retail uses where enacted pursuant to a comprehensive plan and a valid public purpose.

Section 5. Effective date.

Justification

This legislation defines the term "formula retail use" as a retail sales establishment which, along with ten or more other retail sales establishments located in the United States, maintains two or more of the following features: a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, a uniform apparel, standardized signage, a trademark or a service mark.

Formula retail businesses, previously relegated to shopping malls, have invaded village and hamlet downtowns eroding historic character, aesthetics and unique community character and identity, replacing it with the sameness of Anywhere USA. Many communities across the nations have acted to protect community identity by enacting restrictions and prohibitions on formula retail stores. However, in New York, the lack of express statutory authority has had a chilling effect on local government action. There is a lack of certainty in New York over whether such regulations would be legal zoning regulations or an impermissible regulation of economic competition. This legislation would make it clear that such legislation is permissible so long as it is enacted pursuant to a comprehensive plan and for a legitimate purpose such as protecting historic character or community identity.

Legislative history

2013-14 S.1771/A.1216; 2012 S.6789

Fiscal implications

None.

Effective date

Immediately.