Rochester, N.Y., Code of Ordinances ch. 90 § 90-37
Operation of businesses (Rochester NY Property Code)
Operative Text
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. 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. 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. (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. (14) Any other nuisance activity listed in § 10-12 of the City Charter. 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 . 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.
Rochester City Code § 90-37 sets out a broad set of operational standards that any permitted business must meet. These include posting the business permit visibly at the entrance, staying within authorized occupancy limits, maintaining good order on and around the premises, and complying with all applicable federal, state, and local laws. The provision also bars businesses from employing anyone whose permit was revoked or denied within the past year for violations involving dangerous weapons or illegal drug sales, and it gives the Commissioner authority to issue additional rules to protect public safety and neighborhood peace.
Plain English — not legal advice.
Property owners and operators subject to Rochester City Code § 90-37 generally keep their business permit posted in a conspicuous location near the entrance and ensure that occupancy never exceeds the City-authorized capacity. Compliant operators actively maintain good order both inside the building and on adjacent areas such as parking lots and sidewalks, addressing issues like litter, noise, and disruptive patron behavior before they escalate. Operators also screen employees to confirm that no one whose permit was revoked or denied within the past year—due to dangerous-weapons or illegal-drug violations—is brought on staff, and those running adult-use cannabis dispensaries or consumption lounges additionally follow any security, odor-control, or ventilation plan approved under § 90-34.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While § 90-37 primarily governs business owners and operators rather than residential tenants, people who live near or frequent a permitted business may find this provision relevant if a nearby establishment is creating disorder, noise, litter, or other nuisance conditions. Residents and patrons can document observed violations—such as overcrowding, disorderly conditions, or failure to display a business permit—and report them to the City of Rochester's relevant enforcement offices, including the Commissioner's office referenced in § 90-37. Tenant-rights organizations and community advocacy groups can also help individuals understand how local business-permit enforcement intersects with quality-of-life concerns in their neighborhood.
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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