Park Avenue business files lawsuit over pay-for-parking lot

A tanning salon in a small shopping center on Park Avenue claims it has seen a “dramatic decline” in business since its landlord started charging customers to park in the plaza's lot, and now it’s suing for breach of lease.

ZOOM TAN, a national chain based on Naples, Florida, has locations throughout the Rochester region, including at 626 Park Ave., where it’s operated since 2019.

In court paperwork, it says its lease with the defendant, listed as Park and Berkeley LLC, includes parking for customers in the lot, which had been free for decades until June 2023, when a $2 per hour charge (up to a maximum of $10 a day) went into effect.

“Landlord’s change to a pay for parking policy has negatively impacted the convenience and affordability typically associated with Plaintiff’s business,” the paperwork reads.

ZOOM TAN charges $39 a month or $399 a year for up to 12 minutes of UV tanning once per day; $49 a month or $499 a year for spray tanning once per day.

The parking lot fees, the company claims, have resulted in “decreased revenues and impairment of customer goodwill.”

It also alleges that customers have canceled memberships “rather than contend with the pay for parking policy” and that the change has deterred potential new customers.

“Landlord has breached its obligations under the Lease by instituting a pay for parking policy in the parking lot,” the suit states.

Initially, the policy to charge for parking did ruffle some feathers, and shortly after it went into effect, Jines Restaurant at 658 Park announced it would cover up to two hours of parking for its customers.

Reporter Marcia Greenwood covers general assignments. Send story tips to mgreenwo@rocheste.gannett.com. Follow her on Twitter @MarciaGreenwood.