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Rochester, NY Business Licensing & Operations: Adult Entertainment (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Licensed categories
Arcade, cabaret, movie theater, retail store
Outright-banned uses
Sexual encounter centers, adult hotels/motels
Distance from protected use
1,000 feet minimum
Distance from residential district
500 feet minimum
Allowed zoning district
M-1 Industrial only

Summary

Rochester licenses adult arcades, cabarets, movie theaters and retail stores under Chapter 98, and zoning keeps most of them 1,000 feet from protected uses, 500 feet from residential districts, and 1,000 feet from each other, limiting them largely to the M-1 Industrial District.

§ 98-4. A. It is unlawful: (1) For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the City pursuant to this chapter. ... § 120-148 (3)(b) Adult arcade, adult cabaret, adult movie theater and adult retail store. [1] Distance from any protected use: 1,000 feet. [2] Distance from any residential district: 500 feet. (c) Distance from any other sexually oriented business: 1,000 feet.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4935326; v86 updated 2026-06-16; through 06-16-2026).

Full Breakdown

Chapter 98, adopted by Ordinance No. 2000-300, opens with 21 legislative findings on the 'secondary effects' of adult businesses, citing case law such as City of Renton v. Playtime Theatres and local Police Department reports of prostitution tied to body-rub parlors, which the Council used to justify banning sexual encounter centers and adult hotels/motels outright while licensing the rest. Section 98-3 classifies licensed businesses as adult retail store, adult arcade, adult cabaret or adult movie theater, one classification per license. Section 98-4A makes it unlawful to operate any of these without a City-issued sexually oriented business license, to employ an unlicensed performer who appears nude or seminude, or to leave the business open without a licensed manager on duty for an adult cabaret.

Section 98-11 sets the annual license fee on a floor-space scale: $425 for up to 2,400 square feet and $475 above that, plus $50 for a manager or employee license and $10 to replace a lost license. Zoning under Section 120-148 layers on distance rules: adult arcades, cabarets, movie theaters and retail stores must sit at least 1,000 feet from any 'protected use' (such as schools, places of worship or day-care centers, which themselves must be 1,000 feet from an existing sexually oriented business), at least 500 feet from any residential district, and at least 1,000 feet from any other sexually oriented business, with location tables permitting them only in the M-1 Industrial District and barring them from the C-1, C-2 and C-3 commercial districts outright.

Violations & Fines

Violations of Chapter 98 go to the Municipal Code Violations Bureau under Section 98-17, and Section 13A-11G sets the penalty at $100 for a first offense ($200 on default), $200 for a second offense ($400 on default), and $300 for a third or subsequent offense ($600 on default); an accumulation of violations within two years is also grounds to deny, suspend or revoke the license under Section 98-10.

Frequently Asked Questions

Can an adult retail store open in downtown Rochester?
Generally no. Section 120-148's location table permits adult arcades, cabarets, movie theaters and retail stores only in the M-1 Industrial District, not in the C-1, C-2 or C-3 commercial districts.
How close can an adult business be to a school?
Section 120-148 requires at least 1,000 feet of separation from any protected use, a category that includes schools, places of worship and day-care centers, and day-care centers are separately required to keep 1,000 feet from an existing sexually oriented business.
What does a sexually oriented business license cost in Rochester?
Section 98-11 sets the annual fee at $425 for a business with up to 2,400 square feet of floor space and $475 above that, plus $50 for each manager or employee license and $10 to replace a lost license.

Sources & Official References

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