Last summer, the opening of Westerlind's fifth location at 417 Warren prompted the Common Council Legal Committee to revisit Article XIV of the city code, the law enacted in 2018 to preserve the character of Hudson by prohibiting retail sales or service establishments that operate at four or more other locations and have two or more of the following features: a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, uniform apparel, standardized signage, a trademark or a service mark. Some of the issues considered by the Legal Committee were how and when the City determines if a new business proposed for Hudson is in compliance with the law and what action the City should take if a business opens in violation of the law.
On May 15, the eight councilmembers present and Council president Tom DePietro voted unanimously to approve a resolution to amend Article XIV. The proposed amendments are intended to "provide additional clarification as to when a prospective business use shall be deemed a formula retail use and its obligations to affirmatively disclose same to the City's permitting departments." The amendments are a few steps away from becoming law. They are now with the Hudson Planning Board and the Columbia County Planning Board for review and recommendation. There will be a public hearing on the amendments on Tuesday, June 20, at 6:00 p.m.
Meanwhile, a company called Clic, which already has eleven stores--five in New York City, two in East Hampton, three in California, and one in St. Barts--is announcing its newest store, coming soon to 314 Warren Street in Hudson.
Update: The fact that Clic has multiple locations was discovered when they contacted the Code Enforcement Office to inquire about a sign permit. Word is that Clic has since retained a lawyer to review Article XIV to see if there are any exceptions in the law that might apply.
COPYRIGHT 2023 CAROLE OSTERINK
If I may, as the author of the original statute at issue: this is precisely the sort of schlocky shite the Council sought to prevent from coming to Hudson. This statute isn't perfect -- it's engagement with the CEO processes is weak and that's my fault as the drafter. Unfortunately, the Council has consistently failed to fix this problem. In any event, it seems the CEO's office did catch this one.
ReplyDeleteWhat happens when they find out there are other "chain" businesses like Savona? With all respect to Mr. Friedman, this was a lawsuit waiting to happen. If Clic wins the doors are open.
ReplyDeleteHudson is the fourth location for Savona's, so it is not in violation of Article XIV.
Delete