Restaurants, bars and clubs in the City of Rochester must be aware of the nuisance point system. Violations of most laws will also earn the owner nuisance points[1]. Twelve (12) points within six months or 18 points within 12 months can render the business a public nuisance and subject to an order of closure or up to a 6 month suspension of City issued licenses. Below is a chart of the nuisance points associated with the most common offenses:
|
Points |
Offense |
|
6 |
Controlled Substances Offenses |
| Offenses Involving Marijuana | |
| Gambling Offenses | |
| Prostitution Offenses | |
| Violations of Criminal Possession of Stolen Property | |
| Violations of The Alcoholic Beverage Control Law | |
| Violations of Firearms and other Dangerous Weapons | |
| Violations of Unlawfully Dealing with a Child | |
| Violations of Sexual Performance by a Child | |
| Violations of Vehicle Dismantlers | |
| Violations of Falsifying Business Records | |
| Violations of Forgery of and Illegal Possession of a Vehicle Identification Number | |
| Violations of Possession, use, sale or offer for sale of any alcoholic beverage or any cigarette or tobacco products where no stamp taxes were paid | |
| Violations of Welfare Fraud | |
| Violations of Criminal Diversion of Prescription Medications and Prescriptions | |
| Violations of Food Stamp Program Fraud | |
| Violations of Imitation Controlled Substances | |
| Violations of The Agriculture and Markets Law | |
| Operating Premises without the Requisite Business Permit | |
| Loitering in the First Degree and Loitering for the Purpose of Engaging in a Prostitution Offense | |
| Suffering or Permitting the Premises to Become Disorderly, including Suffering or Permitting Fighting or Lewdness | |
| Noise Violations | |
|
4 |
Refuse Collection Violations |
|
|
Amusements Violations |
|
|
Dangerous Articles Violations |
|
|
Fire Prevention Code Violations |
|
|
Property Code Violations |
|
|
Zoning Violations |
|
|
Allowing a Person on the Premises in Excess of Occupancy Limits |
|
|
Sanitary Code Violations |
|
3 |
Littering Violations |
|
|
Howling Dogs, Number of Dogs, and Nuisances |
|
|
Operating a business at the premises in a manner which causes it to be a source of disruption for the neighborhood and/or a focal point of police attention. |
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If you find yourself facing these issues, contact experienced legal counsel to defend your business. Your livelihood is at stake.
[1]A public nuisance shall be deemed to exist whenever through violations of any of the following provisions resulting from separate incidents at a building, erection or place, or immediately adjacent to the building, erection or place as a result of the operation of the business, 12 or more points are accumulated within a period of six months, or 18 or more points within a period of 12 months, in accordance with the following point system. Where more than one violation occurs during a single incident, the total points for the incident shall be the highest point value assigned to any single violation.