City of Rochester, NY
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
As used in this chapter, the following terms shall have the meanings indicated:
ADULT ENTERTAINMENT
Any motion picture, limited entertainment or public entertainment which is characterized by emphasis on the description or depiction of specific anatomical areas or specified sexual activities as defined in Chapter 120 of the Municipal Code, Zoning Code.
[Added 12-12-1995 by Ord. No. 95-417; amended 11-19-2002 by Ord. No. 2002-354; 11-12-2019 by Ord. No. 2019-326[1]]
AMUSEMENT CENTER
The premises, including a theater, hall, auditorium, tent, structure, building or enclosure of any type, yard or lot, on or within which is offered or operated any amusement game or where the operation of amusement games is the sole use of the property. This definition shall not include such premises in which jukeboxes are the only type of amusement game.
[Amended 5-24-1983 by Ord. No. 83-188; 7-16-1985 by Ord. No. 85-317; 11-19-2002 by Ord. No. 2002-354; 1-27-2004 by Ord. No. 2004-39[2]]
AMUSEMENT GAME
Any mechanical or electronic device used or designed to be operated for entertainment or as a game by the insertion of a coin or slug or payment of consideration of any type or by any means and shall include the type of mechanical or electronic devices commonly known as baseball, radio, target gun or similar target, football, pinball, pool table, snooker table, foosball, television-screen-type or video games and jukeboxes. The above enumeration shall not be deemed to be exclusive. This definition does not include any device the possession or use of which is prohibited by law.
[Amended 5-24-1983 by Ord. No. 83-188; 7-16-1985 by Ord. No. 85-317]
BILLIARD ROOM
A room, hall, parlor or place of any description in which billiards are played and which contains three or more billiard tables or apparatus or paraphernalia for the playing of billiards and which is conducted as a public place of business for profit.
[Added 4-4-1989 by Ord. No. 89-109]
BILLIARDS
Any of several games, including but not limited to those commonly known as "pool," "billiards" or "pocket billiards," played with hard balls of ivory or of a similar material that are driven with a cue on a billiard table.
[Added 4-4-1989 by Ord. No. 89-109]
BILLIARD TABLE
A table of oblong or other shape, of conventional or smaller size with a slate or hard surface covered by a cloth and enclosed by a raised rim of rubber or similar material for use in playing billiards, including a coin-operated table.
[Added 4-4-1989 by Ord. No. 89-109]
BOOTH
Any booth, cubicle, stall, room or portion of a room.
[Added 12-12-1995 by Ord. No. 95-417]
ENTERTAINMENT (BACKGROUND)
Prerecorded music played as a matter of routine and completely secondary to the principal use of a nonresidential establishment, which is not audible beyond the property line of the establishment premises between the hours of 10:00 p.m. and 8:00 a.m. and not audible at a distance of 50 feet beyond such property line between the hours of 8:00 a.m. and 10:00 p.m.
[Added 11-12-2019 by Ord. No. 2019-326]
ENTERTAINMENT (LIMITED)
Any live or recorded entertainment or music, other than background entertainment, including but not limited to karaoke, that is completely secondary to the principal use and that meets the following criteria:
[Added 11-12-2019 by Ord. No. 2019-326]
A. 
The entertainment or music must be accessory to the principal use and may not in any way constitute the primary function of the operation.
B. 
The specific type of entertainment must be listed on the limited entertainment center license that is issued pursuant to this chapter.
C. 
There will be only one performer or performance group.
D. 
No dedicated stage nor dance area will be provided, nor will any permanent or temporary change to the approved floor plan be made to accommodate the use. For purposes of this section, "approved floor plan" is defined as the floor plan, seating plan, or other drawings and information that served as the basis for the establishment's latest building permit and maximum occupancy determinations issued pursuant to Chapter 39, Building Code, of the Municipal Code.
E. 
No cover charge or fee will be collected.
F. 
The entertainment or music must end one hour prior to closing time.
ENTERTAINMENT (PUBLIC)
Any theatrical or musical performance, concert, athletic contest or game, exhibition, or show, including a disc jockey or a dedicated dance floor, which is offered, operated, presented or exhibited to the public. This definition does not include municipal or school auditoriums, athletic fields, playgrounds, or public parks; nor does it include limited entertainment or background entertainment as defined in this section.
[Added 5-24-1983 by Ord. No. 83-188; amended 11-19-2002 by Ord. No. 2002-354; 11-12-2019 by Ord. No. 2019-326]
ENTERTAINMENT CENTER (LIMITED)
The premises, including a tent, structure, building or enclosure of any type, yard or lot, on or within which is offered, operated, presented or exhibited to the public any limited entertainment. This definition shall not include municipal or school auditoriums, athletic fields or playgrounds or public parks.
[Added 11-12-2019 by Ord. No. 2019-326]
ENTERTAINMENT CENTER (PUBLIC)
The premises, including a theater, hall, auditorium, tent, structure, building or enclosure of any type, yard or lot, on or within which is offered, operated, presented or exhibited to the public any motion picture or public entertainment. This definition shall not include municipal or school auditoriums, athletic fields or playgrounds or public parks.
[Added 5-24-1983 by Ord. No. 83-188; amended 11-12-2019 by Ord. No. 2019-326]
MOTION PICTURE
Includes any motion picture or similar video presentation, including a videotape, cartoon, slide show or individual mechanical motion-picture machine commonly known as a "peep show."
[Added 5-24-1983 by Ord. No. 83-188]
PERSON
Includes any individual, any business enterprise such as a corporation, partnership, association, trust or firm and any trustee or receiver.[3]
[1]
Editor’s Note: This ordinance also changed the title of this Ch. 29 from "Amusements" to its current title.
[2]
Editor's Note: This ordinance also stated that it would apply retroactively to the effective date of Ord. No. 2002-354.
[3]
Editor's Note: The former definition of "public amusement," which immediately followed this definition, was repealed 5-24-1983 by Ord. No. 83-188.