Syracuse, N.Y., Rev. Gen. Ord. ch. 27 § 27-167

Issuance of certificates of use and conditional certificates of use

In Force
Verified 10/12/2026 · Next check 11/11/2026
SyracuseBusiness License & CO

Operative Text

Syracuse, N.Y., Rev. Gen. Ord. ch. 27 § 27-167
(a) A certificate of use shall be issued when the following conditions have been satisfied:
(1) All fees required by section 27-169 of this article have been paid;
(2) The application form has been completed and accepted by the division of code enforcement;
(3) The owner and proprietor have all necessary licenses and permits for the business;
(4) The proprietor does not have an expired 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 revoked, and/or does not have charges pending for violations of the terms and conditions of a certificate of use or conditional certificate of use;
(5) The owner and the proprietor do not owe the city any money for delinquent taxes, water charges, civil penalties, parking tickets or other duly incurred charges, fines or penalties; and
(6) Due to the interaction between proprietors 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 background check on each applicant in accordance with section 296(16) of the New York State Executive Law. The director of code enforcement makes a determination in accordance with Article 23-A of the New York State Correction Law. Specifically:
a. The criminal background check shall initially be reviewed by an individual who is not directly involved in the final determination. For purposes of this paragraph, this individual shall be called a "screener".
b. The screener shall review the criminal background check and determine if the applicant has been convicted of:
i. Any felony in the five (5) years preceding the date of the application for a crime involving:
A. Theft;
B. Fraud;
C. The sale of marijuana; or
D. The sale of controlled substances.
ii. Any misdemeanor in the two (2) years preceding the date of the application for a crime involving:
A. Theft;
B. Fraud;
C. The sale of marijuana;
D. The sale of controlled substances;
E. Selling stolen goods;
F. Unlawfully dealing with a child; or
G. Violations of the Alcoholic Beverage Control Law.
c. In the event that the background check is free from convictions for any of the offenses enumerated above, the screener shall communicate to the Director of Code Enforcement that the applicant's background is clear, even if there are other convictions contained within the background check. A background check with convictions for offenses others than the ones set forth above shall have the same effect as a background check with no convictions.
d. In the event that the applicant's background check does contain one of the above enumerated offenses, the screener shall deliver to the director of code enforcement the background report, along with a notation of which offense or offenses, of the above enumerated offenses, necessitate further review.
e. The director of code enforcement shall communicate to the applicant, via certified letter, that the background check revealed one of the above enumerated offenses. The director of code enforcement shall include a copy of the full background check with this correspondence. The letter shall inform the applicant of the opportunity to provide any information to the director of code enforcement regarding rehabilitation and/or good conduct. The applicant shall furnish such information, if any, in writing to the director of code enforcement within ten (10) days of the date of the certified letter sent form the director of code enforcement.
f. After the ten (10) days has lapsed, the director of code enforcement shall then review the background check in accordance with Article 23-A of the Correction Law of New York State, even if the applicant has not submitted any information regarding rehabilitation and/or good conduct.
(7) All applicable city officials in section 27-166 of this article have inspected and investigated the business, the business's premises and the business location and have approved the owner's application for a certificate of use.
(b) A conditional certificate of use may be issued where the director of code enforcement or his/her designee has decided to issue a conditional certificate of use where the following conditions have been satisfied:
(1) All fees required by section 27-169 of this article have been paid;
(2) The application form has been completed and accepted by the division of code enforcement;
(3) The owner and proprietor have all necessary licenses and permits for the business;
(4) The proprietor does not have an expired 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 revoked, and/or has charges pending for violations of the terms and conditions of a certificate of use or conditional certificate of use;
(5) The owner and proprietor do not owe the city any money for delinquent taxes, water charges, civil penalties, parking tickets or other duly incurred charges, fines or penalties; and
(6) Due to the interaction between proprietors 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 background check on each applicant in accordance with Section 296(16) of the New York State Executive Law and the director of code enforcement makes a determination in accordance with Article 23-A of the New York State Correction Law. Specifically:
a. The criminal background check shall initially be reviewed by an individual who is not directly involved in the final determination. For purposes of this paragraph, this individual shall be called a "screener".
b. The screener shall review the criminal background check and determine if the applicant has been convicted of:
i. Any felony in the five (5) years preceding the date of the application for a crime involving:
A. Theft;
B. Fraud;
C. The sale of marijuana; or
D. the sale of controlled substances.
ii. Any misdemeanor in the two (2) years preceding the date of the application for a crime involving:
A. Theft;
B. Fraud;
C. The sale of marijuana;
D. The sale of controlled substances;
E. Selling stolen goods;
F. Unlawfully dealing with a child; or
G. Violations of the Alcoholic Beverage Control Law.
c. In the event that the background check is free from convictions for any of the offenses enumerated above, the screener shall communicate to the director of code enforcement that the applicant's background is clear, even if there are other convictions contained within the background check. A background check with convictions for offenses others than the ones set forth above shall have the same effect as a background check with no convictions.
d. In the event that the applicant's background check does contain one of the above enumerated offenses, the screener shall deliver to the director of code enforcement the background report, along with a notation of which offense or offenses, of the above enumerated offenses, necessitate further review.
e. The director of code enforcement shall communicate to the applicant, via certified letter, that the background check revealed one of the above enumerated offenses. The director of code enforcement shall include a copy of the full background check with this correspondence. The letter shall inform the applicant of the opportunity to provide any information to the director of code enforcement regarding rehabilitation and/or good conduct. The applicant shall furnish such information, if any, in writing to the director of code enforcement within ten (10) days of the date of the certified letter sent form the director of code enforcement.
f. After the ten (10) days has lapsed, the director of code enforcement shall then review the background check in accordance with Article 23-A of the Correction Law of New York State, even if the applicant has not submitted any information regarding rehabilitation and/or good conduct.
(7) The owner or proprietor indicates in a signed, notarized writing on a form provided by the director of code enforcement, their intention to take the necessary action to comply with the requirements given them by the applicable city officials in section 27-166 for the approval of their application for a certificate of use.
(c) A conditional certificate of use shall contain a date by which the owner or proprietor who signed the notarized writing submitted to the director of code enforcement must comply with the requirements for approval by the applicable city officials in section 27-166 of this article. A conditional certificate of use shall not be extended for any reason.
(d) Upon completion of the requirements set forth in the conditional certificate of use and the approval of the owner's application by said city officials, the director of code enforcement shall issue a certificate of use to the proprietor for the business in accordance with the terms of this section.
(e) Both certificates of use and conditional certificates of use shall include the date on which the certificate of use or conditional certificate of use will expire.
(f) 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.
(g) Certificates shall be issued or denied within ninety (90) days after an application is completed. Nothing herein shall require the director 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 27-166 and 27-167 have not been completed.
Source: Legislative text reproduced verbatim
Plain English

Syracuse Rev. Gen. Ord. ch. 27, art. 12 § 27-167 establishes the conditions under which the city's Division of Code Enforcement issues a certificate of use or a conditional certificate of use to a business. To qualify, an applicant must have paid required fees, hold all necessary licenses and permits, be free of outstanding city debts, and pass a structured criminal background review focused on specific felony and misdemeanor convictions within defined lookback periods. A conditional certificate of use allows a business to operate temporarily while the owner commits in writing to completing outstanding compliance requirements, but it carries a firm deadline and cannot be extended.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 1, 2026

Plain English — not legal advice.

For Property Managers

Property owners and business operators seeking to operate under Syracuse Rev. Gen. Ord. ch. 27, art. 12 § 27-167 generally ensure that all required fees are paid, that the completed application is accepted by the Division of Code Enforcement, and that no delinquent taxes, water charges, or other city-owed amounts remain outstanding before applying. Compliant operators also confirm that all necessary licenses and permits are in place and that neither the owner nor the proprietor has a previously revoked, suspended, or expired certificate of use. When a conditional certificate of use is issued, operators typically fulfill the written compliance commitments by the stated deadline, since § 27-167(c) explicitly prohibits any extension of a conditional certificate.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

While § 27-167 of Syracuse Rev. Gen. Ord. ch. 27, art. 12 primarily governs business operators rather than residential tenants, it is relevant to anyone interacting with a business that is required to post its certificate of use conspicuously in a window or door visible from the nearest public right-of-way. If a business appears to be operating without a valid, posted certificate, members of the public can raise that concern with the Syracuse Division of Code Enforcement, which administers this provision. Tenant-rights organizations or legal aid services familiar with Syracuse municipal code can help individuals understand how § 27-167 intersects with any housing or commercial context that affects them.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 1, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

Related Rules

§ 14.571
APPLICATION FOR LICENSE
§ 14.576
LICENSE NOT TRANSFERABLE
§ 284
Owner obligations

Source Information