Rochester, N.Y., Code of Ordinances ch. 90 § 90-32
Definitions (Rochester NY Property Code)
Operative Text
As used in this chapter, the following terms shall have the meanings indicated: ADULT-USE CANNABIS RETAIL DISPENSARY Premises licensed under the New York State Cannabis Law for the retail sale of cannabis to cannabis consumers. AUTOMOBILE SERVICE FACILITY A premises where motor vehicles are sold, leased, repaired or serviced. This definition shall include gasoline stations and car wash facilities. BAR 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. BUSINESS An adult-use cannabis retail dispensary, automobile service facility, bar, smoking goods establishment, on-site cannabis consumption lounge, restaurant or salon as defined herein. ON-SITE CANNABIS CONSUMPTION LOUNGE Premises licensed under the New York State Cannabis Law for the on-site consumption of cannabis. RESTAURANT 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. SALON 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. SMOKING GOODS ESTABLISHMENT 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.
Section 90-32 of Rochester, N.Y., Code of Ordinances Chapter 90 establishes the specific meanings of key terms used throughout the chapter, including 'business,' 'bar,' 'restaurant,' 'salon,' 'smoking goods establishment,' 'automobile service facility,' 'adult-use cannabis retail dispensary,' and 'on-site cannabis consumption lounge.' These definitions set the boundaries of which types of premises and operations fall within the chapter's scope. For example, a restaurant is defined as a place where food or beverages are sold for on-site consumption, while a smoking goods establishment covers a broad range of tobacco, vaping, and nicotine-related retail operations, with specific exclusions for FDA-approved cessation medications and wholesale tobacco dealers.
Plain English — not legal advice.
Property owners and managers who lease space to commercial tenants should be familiar with the definitions set out in § 90-32 of Rochester's Code of Ordinances Chapter 90, as these definitions determine which tenant operations are classified as a 'business' subject to the chapter's requirements. Operators of bars, restaurants, salons, automobile service facilities, smoking goods establishments, adult-use cannabis retail dispensaries, and on-site cannabis consumption lounges should confirm whether their premises meet the specific criteria outlined in § 90-32. Compliant operators typically review these definitions carefully when evaluating new tenants or changes in use to ensure the applicable regulatory framework is correctly identified.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants operating or residing near commercial establishments should be aware that § 90-32 of Rochester's Code of Ordinances Chapter 90 precisely defines the types of businesses regulated under the chapter, which can affect rights and obligations tied to those premises. Understanding whether a neighboring or co-located operation qualifies as a 'bar,' 'smoking goods establishment,' or other defined 'business' under § 90-32 may be relevant when raising concerns about compliance with the chapter's broader rules. Tenants with questions about how these definitions apply to their situation may wish to consult a tenant-rights organization or review the full text of Chapter 90 for context.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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