In 2003, Brett Katz served eight months in jail for destruction of property.

“I went through a tough time in college, and I had messed up,” Katz said. “I came out of jail and realized I had done the wrong thing in my life.”

After receiving a master’s degree in psychology, Katz, now 35, owns a business in Syracuse, Prestige Contracting LLC, which he started in 2006.

Last week, the Syracuse Common Council unanimously voted to tighten merchant licensing, enabling a stricter process for business applicants convicted of felony or misdemeanor crimes.

Katz turned his life around when he opened up his business. With the passing of this ordinance, others may not have the same opportunity.

Bars, drug stores, restaurants and smoking establishments are required to get a certificate of use. With the city ordinance, the certificate now comes with more restrictions for running a business.

“We were using a certificate of use and I think that some of the unscrupulous owners have figured out ways around these things,” said Bob Dougherty, Syracuse Common Councilor. “The main thing is that neighborhood groups and police wanted a stronger, more comprehensive way to deal with all merchants in the city.”

Compliance monitoring, which was formerly done through the finance department, is now the responsibility of the code enforcement division.  The division will conduct criminal background checks prior to issuing a certificate of use, according to a press release from Mayor Stephanie Miner’s office.

The new amendment outlines rules for business ownership. Individuals convicted with misdemeanor crimes will not be permitted to open an establishment for two years, while individuals convicted with felony crimes will have to wait five years.

The restrictions are designed to ensure the health, safety and welfare of the public, according to the ordinance. The Common Council worked to refine conditions of the certificate of use with the guidance of the Center for Community Alternatives, Dougherty said.

“The CCA didn’t want to see people being precluded from getting a license operated business just because they had a conviction, what they really wanted to do is refine what kind of conditions and convictions and how many years passed would preclude you from getting a license,” Dougherty said.

Misty Smith, owner of Haha Hookahs on 701 S. Crouse Ave., said she is surprised the ordinance passed.

“Our prison system is supposed to be a reform system and this is bewildering and I can’t believe that something like this passed,” Smith said. “We go and do things like this and there are people out there who may have messed up and did something stupid, so where do they go from there?”

Smith said she thinks the ordinance is discriminatory. She added that she believes it infringes on “people’s rights to live.”

Katz, the Syracuse resident, said strengthening a certificate of use could help, but said the issuance methods should focus on the psychological state of the prospective business owner.

“I don’t know if a broad sweeping law would be better than something like individual assessment. You should have an assessment on the person to get an idea of what the business is and where it’s going,” Katz said. “You don’t want it to be too broad but you need standardization.”

Published on April 8, 2014 at 1:32 am