Rochester, N.Y., Code of Ordinances ch. 90 § 90-34
Application (Rochester NY Property Code)
Operative Text
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. 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. 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. 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that the Chief of Police shall forgo or limit the background investigation to the extent that it would duplicate, or be superseded by, the investigation required for the state licensing of an adult-use cannabis retail dispensary or an on-site cannabis consumption lounge. 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 . 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. G. The applicant shall provide proof of payment of sales tax where the business has been ongoing. 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). 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. 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).
Section 90-34 of Rochester's Code of Ordinances establishes the requirements for obtaining a business permit in the city. Applicants must submit detailed information about ownership, operations, and compliance with zoning, tax, and licensing obligations, and both owners and day-to-day operators may need to be named on the application. The Commissioner, Director, and Chief of Police each play distinct roles in reviewing applications, and certain prior violations, criminal convictions, or outstanding code issues can result in denial or administrative cancellation. Special additional requirements apply to adult-use cannabis retail dispensaries and on-site cannabis consumption lounges, including security plans, odor control measures, and, where applicable, ventilation plans.
Plain English — not legal advice.
Under § 90-34, business owners and operators seeking a Rochester business permit must ensure their application is fully and accurately completed on the Commissioner's forms, naming all relevant parties including any day-to-day operator if the owner is not directly involved. Compliant operators typically resolve any outstanding code violations, unpaid Municipal Code Violation Bureau judgments, incomplete building or zoning applications, and sales tax obligations before submitting, since failure to address these upon written notice can lead to administrative cancellation. Operators of adult-use cannabis retail dispensaries or on-site cannabis consumption lounges should also prepare a security plan, an odor control plan, and—if smoking or vaping will be permitted—a ventilation plan as required by § 90-34(H), (I), and (J).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While § 90-34 primarily governs business permit applicants rather than residential tenants, individuals who live near or interact with businesses subject to this provision may find it relevant to understand how Rochester regulates business operations in their neighborhoods. The provision's requirements around zoning compliance, background investigations, and odor and ventilation controls for cannabis establishments reflect the city's framework for ensuring businesses meet community standards. Residents with concerns about a nearby business's compliance with § 90-34 can generally contact the relevant city department—such as the Commissioner's office or the Department of Neighborhood and Business Development—or consult a local tenant-rights or community organization for guidance on available complaint processes.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation