State Law Would Keep Out Undesirable Chain Stores

The growing pervasiveness of chain stores is something New York State's historic villages and towns have fought to halt in their communities for years, and now state says he has the legislation that will do just that.

A new bill Thiele has drafted, if passed, would give municipalities the express authority to enact restrictions and prohibitions on "formula" retail uses, i.e. chain stores with standardized merchandise, apparel, facades, decor and signage. It should come as welcome news to preservationists who worry that chains replacing independent businesses and mom and pop stores will erode community character.

“This is a recurring issue that local governments are dealing with not just on the East End of Long Island, but certainly across the country," Thiele said, adding that he saw it come up when he was the village attorney for Sag Harbor. The village wanted to regulate formula stores, “but it was unclear whether they had the authority under state law,” he said.

"Because of a lack of state legislation, there’s been really a kind of chilling effect," Thiele said.

He noted that his proposed law is not a mandate — it only gives villages and towns the option.

The assemblyman said that some communities on Long Island welcome chain stores, but in others, particularity on the East End, where virtually every village has a historic district and a comprehensive plan to protect its character through zoning, his proposal will help.

“There is a concern about maintaining community character, that historic nature, that sense that makes each village different,” Thiele said.

Westhampton Beach Mayor Conrad Teller said he has not yet seen the legislation, but at first thought he said it sounds like a good idea.

“It doesn't sound like it would be a bad idea," said Teller. "Anything that gives us reasonable authority to do something is okay with me."

Thiele said that such laws have been court tested in other communities across the country and what he found in his research is that a law designed to preserve community character will withstand a challenge. However, if a law is implemented to give a competitive advantage to local businesses, it will not be upheld. “If all that’s in the record is economic competition, I think there’s trouble,” he said, adding that his law helps make the necessary distinction.

The proposed legislation is specific to retail uses, and does not mention chain eateries.

Thiele said he is trying to get as many co-sponsors on board as he can before officially filing the legislation, and a copy of the bill was sent to his counterpart in the State Senate, Sen. Kenneth P. LaValle, R-Port Jefferson.