[Added 5-14-1996 by Ord. No. 96-137; amended 11-19-2002 by Ord. No. 2002-354; 11-23-2004 by Ord. No.
2004-369;[1]2-14-2006 by Ord. No. 2006-22; 11-14-2006 by Ord. No. 2006-366[2]]
[1]
Editor's Note: Section 2 of this ordinance provided that a certificate of use which was valid on the effective date of this ordinance and allowed an activity deemed to be a business under this ordinance would remain in effect as provided in the certificate until the expiration of the time period set forth in the notification letter referenced in §90-39, but in no case later than one year from the effective date of this article, unless earlier nullified, suspended or revoked.
Section 3 of this ordinance provided that
any business which prior to the effective date of this article was
not required to obtain a certificate of use would be required to apply
for a certificate no later than 30 days after receiving a letter notifying
it of the requirement to apply.
[2]
Editor's Note: This ordinance also provided
that businesses which have failed to apply for a required certificate
of use by the date of adoption of this ordinance shall be notified
and given 30 days to apply for a business permit. If application
for a business permit is made within that time, outstanding tickets
and judgments against the business for failure to obtain a certificate
of use will be withdrawn and any payments made on the judgments refunded
by the Director of Finance. Pending enforcement actions involving
businesses that failed to obtain a required certificate of use, which
have been adjourned pending a review of the Certificate of Use Program,
will be pursued if the businesses do not timely apply for a required
business permit. In addition, this ordinance provided that it would
take effect 1-1-2007.
The purpose of this article is to establish
regulatory controls to ensure that certain businesses are operating
in accordance with the law, do not have a serious negative impact
upon surrounding residential neighborhoods, or do not endanger the
health, safety or welfare of persons in the City of Rochester.
[Amended 9-19-2012 by Ord. No. 2012-362]
As used in this chapter, the following terms
shall have the meanings indicated:
Premises licensed under the New York State Cannabis Law for
the retail sale of cannabis to cannabis consumers.
[Added 11-3-2022 by Ord.
No. 2022-322]
A premises where motor vehicles are sold, leased, repaired
or serviced. This definition shall include gasoline stations and car
wash facilities.
A premises where alcoholic beverages are sold for consumption
on the premises; or a premises operated for profit or pecuniary gain
or as a place of assembly where alcoholic beverages are provided by
the operator of the premises, his or her agents, servants or employees,
or are brought onto said premises by persons assembling there.
An adult-use cannabis retail dispensary, automobile service
facility, bar, smoking goods establishment, on-site cannabis consumption
lounge, restaurant or salon as defined herein.[1]
[Amended 2-18-2015 by Ord. No. 2015-36; 8-9-2016 by Ord. No. 2016-264; 11-12-2019 by Ord. No. 2019-332; 11-3-2022 by Ord. No. 2022-322]
Premises licensed under the New York State Cannabis Law for
the on-site consumption of cannabis.
[Added 11-3-2022 by Ord.
No. 2022-322]
A premises where food and/or beverages are sold to be consumed
on the premises. This definition shall not include a premises where
a nonalcoholic beverage or snack is available but is incidental to
the conduct of the business at the premises.
An establishment where a hairdresser, barber or beautician
conducts his or her trade, or a body piercing studio or a tattoo studio,
other than a home occupation.
A premises where tobacco products, hookah products, vaping
products, or related accessories are sold for on- or off-premises
use. Such products include but are not limited to cigarettes, cigars,
herbal cigarettes, snuff, chewing tobacco, pipe tobacco, dissolvable
tobacco, bidis, gutka, shisha, roll-your-own/loose tobacco, e-cigarettes,
vaping devices, electronic nicotine delivery systems, hookahs and
related products, rolling papers, cartridges for electronic cigarette
and vapor devices regardless of nicotine or tobacco content, and any
other smoked or smokeless tobacco or nicotine-containing product.
This definition does not include smoking cessation medication expressly
approved by the United States Food and Drug Administration for use
in smoking cessation programs or the sale of tobacco products by wholesale
dealers as defined in New York State Tax Law.
[Added 11-12-2019 by Ord.
No. 2019-332]
[1]
Editor’s Note: The former definition of "high-impact
retail store," as amended, which immediately followed this definition,
was repealed 8-9-2016 by Ord. No. 2016-264.
[Amended 7-15-2008 by Ord. No. 2008-254; 6-16-2009 by Ord. No. 2009-179; 9-19-2012 by Ord. No. 2012-362]
No person shall operate or maintain a business
within the City without first obtaining a business permit authorizing
the operation of said business by said operator at the specific business
location. The authority for business permits issued pursuant to this
chapter shall be the Commissioner. Businesses that have been issued
a license(s) by the Chief of Police are exempt from the business permit
requirement.
A.
An application for a business permit shall be made
by the business owner and operator, if other than owner, on forms
provided by the Commissioner. The application shall request relevant
information relating to the owner and operator, if any, and relating
to the operation of the business to be conducted at the premises.
Where the owner is not directly involved with the day-to-day operation
of said business, the operator must also be included on the application.
If a partnership, corporation or other business entity is involved,
the application must designate an operator who is involved in the
day-to-day operation of the business. In this situation the business
permit shall be issued to the operator; the names, addresses and phone
numbers of the partners, officers or principals shall be listed on
the application. All addresses of persons involved shall be home addresses,
listing street and number.
[Amended 7-15-2008 by Ord. No. 2008-254; 6-16-2009 by Ord. No. 2009-179; 11-3-2022 by Ord. No. 2022-322]
B.
Applications shall only be accepted where all information
requested has been supplied and verified for accuracy. Anyone currently
serving a period of suspension or revocation, or who has had an application
for a business permit denied, is ineligible to apply for a business
permit during a period of suspension or for a period of one year from
the date of revocation or denial. The applicant(s) must also demonstrate
to the Department that he or she has procured all necessary licenses
and permits for the business.
[Amended 7-15-2008 by Ord. No. 2008-254; 6-16-2009 by Ord. No. 2009-179]
C.
The Director shall cause a review of the location
to ensure that the operation of the business at that location will
be in compliance with the Zoning Code.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
D.
The Chief of Police shall cause an investigation to
be made of the background of the owner, operator and location of the
business, including, but not limited to, a review of all calls for
service to the location of the premises in the past year and a criminal
records check of the owner and operator; provided, however, that the
Chief of Police shall forgo or limit the background investigation
to the extent that it would duplicate, or be superseded by, the investigation
required for the state licensing of an adult-use cannabis retail dispensary
or an on-site cannabis consumption lounge.
[Amended 11-3-2022 by Ord. No. 2022-322]
E.
Except as provided in New York Correction Law, Article
23-A, the Commissioner reserves the right to deny a business permit
to any person who has pled guilty to or has been convicted of any
crime which is related to the operation of the business. The Commissioner
shall not deny a business permit to an adult-use cannabis retail dispensary
or an on-site cannabis consumption lounge if doing so would constitute
unlawful discrimination or violate a social and economic equity plan
or other social justice goal established under the New York State
Cannabis Law.
[Amended 7-15-2008 by Ord. No. 2008-254; 6-16-2009 by Ord. No. 2009-179; 11-3-2022 by Ord. No. 2022-322]
F.
The Commissioner shall cause an application to be
administratively canceled if the applicant fails, with respect to
the business or business premises, upon receipt of written notice
and time to cure, to abate code violations, or to pay any outstanding
judgments rendered by the Municipal Code Violation Bureau, or to complete
a building permit or zoning application, or to provide proof of payment
of sales tax.
[Amended 7-15-2008 by Ord. No. 2008-254; 6-16-2009 by Ord. No. 2009-179; 9-19-2012 by Ord. No. 2012-362]
G.
The applicant shall provide proof of payment of sales tax where the
business has been ongoing.
[Added 9-19-2012 by Ord. No. 2012-362]
H.
The applicant for an adult-use cannabis retail dispensary or for
an on-site cannabis consumption lounge shall provide a plan for the
installation and operation of monitoring cameras and exterior lighting
for the safety of the establishment's employees, customers and neighbors
(security plan).
[Added 11-3-2022 by Ord.
No. 2022-322]
I.
The applicant for an adult-use cannabis retail dispensary or for
an on-site cannabis consumption lounge shall provide a description
of the measures that will be implemented to prevent detectable cannabis
odors from reaching outside the space occupied by the establishment
(odor control measures). Such odor control measures may include operational,
structural and/or mechanical methods, including but not limited to
the places and manner in which cannabis product is stored, handled
and consumed, the physical separation of product management and consumption
from doors, windows or other places where odors may migrate outside,
the use of air handling or filtering devices or the training of staff
in odor control strategies.
[Added 11-3-2022 by Ord.
No. 2022-322]
J.
The applicant for an on-site cannabis consumption lounge that will
allow the smoking, vaping of other inhalation of cannabis shall provide
a ventilation plan to mitigate smoke and odor exposure for employees
and customers within the lounge's interior space and to prevent the
dispersion of smoke and odors into other spaces within the same building
or outside of the building (ventilation plan).
[Added 11-3-2022 by Ord.
No. 2022-322]
[Amended 7-15-2008 by Ord. No. 2008-254; 6-16-2009 by Ord. No. 2009-179]
The Commissioner and the Fire Chief may cause
an inspection of the premises to be made to determine whether the
applicant is in compliance with the laws and ordinances which they
are charged with enforcing. For purposes of a renewal application,
no inspection shall be required by the Department unless during the
previous licensing period a violation of a state or local law, ordinance
or regulation which occurred at the premises has been proven in a
court of law or in the Municipal Code Violations Bureau. Said Commissioner
and Fire Chief and members of their staff shall have the right to
enter upon any premises for which a business permit is sought when
the business is open for the purpose of making such an inspection
of areas open to the public, or other areas with consent, and shall
also have the authority to seek warrants where the same are constitutionally
required.
A.
All new applications for a business permit as of the
effective date of this article shall be issued or denied within 30
days after an inspection has found the premises to be code compliant,
or within 30 days after receipt of a fully completed application if
no inspection needs to be conducted.
B.
No business permit shall be issued unless the applicant and business have fully complied with the provisions of this article and have obtained all necessary licenses and permits for the operation. No business permit shall be issued to a premises while charges are pending pursuant to § 10-12 of the City Charter, or while any other nuisance abatement proceeding or action is pending against the premises.
[Amended 6-19-2018 by Ord. No. 2018-173]
C.
No business permit shall be issued unless the business
premises is in compliance with the Municipal Code.
D.
No business permit shall be issued to any business
or applicant against whom judgment has been rendered by the Municipal
Code Violation Bureau relating to the business or business premises,
which judgment has not been satisfied.
E.
No business permit shall be issued for a period of
one year after the applicant has been found guilty of operating a
business without a business permit.
A.
The owner and operator of any business shall comply
with all provisions of federal, state and local laws and ordinances
relating to the conduct of businesses and the occupation, use and
maintenance of the premises.
B.
The owner and operator of any business shall comply
with all the notices, orders, decisions and rules and regulations
made by the Chief of Police, Fire Chief, Commissioner and the Director
governing the occupation and use of the premises.
[Amended 7-15-2008 by Ord. No. 2008-254; 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
C.
The business owner and operator shall not employ any
person who has had a business permit revoked or denied within the
past year, where the underlying violations involved dangerous weapons
or the illegal sale of drugs; provided, however, that the illegal
sale of cannabis shall be limited to that conduct which is prohibited
only by the Cannabis Law, Penal Law or other New York State statute.
[Amended 11-3-2022 by Ord. No. 2022-322]
D.
The owner or operator of any business shall cause
the business permit to be posted in a conspicuous place immediately
visible upon entering the business.
E.
The owner or operator of any business shall not permit
at any time a greater number of persons on the premises than the capacity
authorized by the City. All places of public assembly shall have occupancy
signs posted as required by the Building Code of New York State.
F.
The owner or operator of any business shall maintain
good order on and about the premises at all times when the business
is open. The premises shall include the building in which the business
is located, as well as accessory structures and uses, including parking
lots, and the land on which the building is located. The owner or
operator of any business shall be responsible to remove refuse and
obstructions from the sidewalk in accordance with Municipal Code requirements,
and to operate the business so that neither the business nor its patrons
become a source of disruption on the sidewalks, streets or other private
property in the vicinity of the business. The lack of good order shall
include, but not be limited to, suffering or permitting the following:
(1)
The premises to become disorderly, including fighting
or lewdness.
(2)
Gambling.
(3)
Prostitution.
(4)
Illegal possession, use, gift, sale, or offer for
sale of alcoholic beverages.
(5)
Illegal possession, use, gift, sale, or offer for
sale of cigarettes or tobacco products.
(6)
Food stamp or welfare fraud or criminal diversion
of prescription medications and prescriptions.
(7)
Litter.
(8)
Illegal possession, use, gift, sale, or offer for
sale of drugs; provided, however, that the illegal possession, use,
gift, or sale of cannabis shall be limited to that conduct which is
prohibited only by the Cannabis Law, Penal Law, or other New York
State statute.
[Amended 11-3-2022 by Ord. No. 2022-322]
(9)
Noise violations.
(10)
Possession of stolen property.
(11)
Operating beyond the legal hours of operation.
(12)
Illegal possession, use, gift, sale, or offer for
sale of dangerous weapons.
(13)
Unlawfully dealing with a child or allowing or permitting
sexual performances by a child.
G.
The owner or operator of an adult-use cannabis retail dispensary or an on-site cannabis consumption lounge shall equip and operate the premises in accordance with any security plan, odor control measures or ventilation plan approved by the Commissioner as part of the application process under § 90-34.
[Added 11-3-2022 by Ord. No. 2022-322[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
G as Subsection H.
H.
The Commissioner may promulgate rules and regulations
to govern the operation of business permit under this chapter so as
to provide for the orderly operation of the businesses and to ensure
the public safety and the peace and tranquility of the neighborhood
where the businesses are located.
[Amended 7-15-2008 by Ord. No. 2008-254; 6-16-2009 by Ord. No. 2009-179]
A.
The annual fee for a business permit shall be $25; the fee for the replacement of a lost permit shall be $10. The annual fee for renewal applications which are submitted within 30 days after the mailing of a renewal notice by the City shall be waived. The fee for a conditional business permit as set forth in § 90-41B shall be $300. The fee for a business permit shall be waived for any business that possesses either a current public or limited entertainment center license, a secondhand dealer license, an amusement center license, or a pawnbroker license, but there shall be no waiver of fees for a conditional business permit.
[Amended 11-12-2019 by Ord. No. 2019-326]
B.
Payment of the fee shall be due at the time the application
is submitted by the applicant. All fees shall be nonrefundable.
A.
All business permits issued after the effective date
of this article shall expire one year from the date of issuance of
the business permit, unless the business permit has been suspended
or revoked.
B.
The Commissioner shall send a letter notifying the
business permit holder(s) of the expiration of the business permit
at least 60 days prior to the expiration date. Only businesses which
have submitted a renewal application 30 days prior to the expiration
date of their business permit shall be allowed to continue to operate
past the expiration date until such time as a final determination
is rendered on their renewal application.
[Amended 7-15-2008 by Ord. No. 2008-254; 6-16-2009 by Ord. No. 2009-179]
A.
Business permits shall not be transferred. In the
event of any change involving the owner or operator of the business,
the type of business, the name of the business or the business location
a new business permit shall be required. A business permit shall not
be transferred to any person who holds power of attorney.
B.
A business permit shall be deemed null and void when
the business permit holder is not found operating the business for
a period of one month and fails to respond in person to the Department
after having been sent a seven-day notification letter.
[Amended 7-15-2008 by Ord. No. 2008-254; 6-16-2009 by Ord. No. 2009-179]
[Amended 7-15-2008 by Ord. No. 2008-254; 6-16-2009 by Ord. No. 2009-179]
A.
The Commissioner may deny a business permit or deny
the renewal of a business permit to any applicant who does not comply
with the provisions of this chapter or any rule or regulation promulgated
under this chapter, or who makes a material misrepresentation on the
business permit application, or who is serving a period of suspension
or revocation. The Commissioner shall give a written notification
to an applicant of the reasons for the denial of a business permit
and provide the applicant with an opportunity to respond in writing.
B.
When the investigation conducted pursuant to § 90-34 reveals that the applicant has violated either federal, state or local laws or rules and regulations, the Commissioner may authorize the issuance of a conditional business permit. The conditional business permit shall state the grounds for the conditional business permit, the conditions under which the applicant shall operate his or her business, be signed by the applicant, and contain a provision which provides that any violation of the conditional business permit, as solely determined by the City of Rochester, shall be deemed to be grounds for revoking the conditional business permit.
[Amended 7-15-2008 by Ord. No. 2008-254; 6-16-2009 by Ord. No. 2009-179]
A.
The Commissioner, after a hearing has been conducted,
shall have the authority to revoke a business permit pursuant to this
Code for a violation by the business permit holder, his or her agents
or employees of any provision of this article that would provide a
basis for denying a business permit.
B.
The Commissioner may revoke, without a hearing, the business permit of any person found guilty of either two or more high-level violations, as determined by and listed in § 10-12 of the City of Rochester Charter, occurring on separate occasions during any period of one year, or five or more violations occurring within a period of two years. Nothing herein shall prevent the Commissioner from revoking a business permit of any person on written charges and an opportunity for a hearing thereon.
[Amended 11-3-2022 by Ord. No. 2022-322]
[Added 9-19-2012 by Ord. No. 2012-362]
A.
When the Commissioner finds the public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in such order, a summary suspension of the business permit may be ordered, effective on the date specified in such order or upon service of the order by one of the means set forth in Subsection C, whichever shall be later.
B.
An order of summary suspension may be served prior to, simultaneously
with, or after the commencement of a proceeding seeking the suspension
or revocation of a license.
C.
An order of summary suspension shall be served upon the holder(s)
of a business permit by personally serving the business permit holder(s),
or by personally serving the business permit holder's manager if one
is listed on the business permit application, or by mailing the order
by first-class mail via confirmation to both the business address
and the home address listed on the business permit application of
the business permit holder(s).
D.
The order of summary suspension shall contain:
(1)
A detailed description of the charges against the business permit
holder(s);
(2)
An explanation of the finding that the continued operation of the
business endangers the public health, safety, or welfare necessitating
immediate closure;
(3)
Identification of the evidence supporting those charges;
(5)
Notice that a summary suspension shall be deemed to be final if a
request for a hearing is not received within 20 days of the issuance
of the order of summary suspension.
E.
Any summary suspension imposed under this section shall remain in
effect, unless reversed by the Commissioner, until a final decision
is rendered after a timely requested hearing.
F.
Any person who continues to operate the business while under an order of summary suspension shall be deemed to be guilty of operating a business without the required business permit in violation of § 90-33 and subject to the enforcement provisions set forth in § 90-36E and § 90-70 of this chapter. The disobedience shall also be an additional charge added to the suspension or revocation hearing notice and shall be a basis for suspension or revocation of the business permit.
G.
If a written answer and demand for an expedited revocation hearing
are served by the permit holder(s) on the Commissioner in a timely
manner, the Commissioner shall schedule a hearing before a Hearing
Officer within 15 days of receipt of the demand, unless the business
permit holder(s) requests a later date.
H.
The Commissioner shall render a final decision within 10 days of
receipt of the Hearing Officer's finding of facts and recommendations,
along with the record of the proceeding.
