Cabaret Law Repeal Lets New York City Dance – as Long as You’re Zoned for It!

At the time of passage of the bill to repeal the Cabaret Law, it was clear that the repeal was only a partial measure as reflected in this article by Derek Evers. Important restrictions remained in the zoning law and other regulations: “Even with a repeal of the Cabaret Law, New York City establishments wishing to host music performances and dancing still must hold the various other permits needed from, for example, the city’s health, buildings and fire departments, as well as the state liquor authority.”

Sugarman Presentation to Nightlife Advisory Board – Revision Three

Despite the repeal of New York City’s Cabaret Law in November, 2017, dancing and live music remains subject to onerous regulation by the Zoning Resolution (the Zoning Code), the Building Code, and other regulation by the State Liquor Authority. This presentation provides an overview of the various restrictions as submitted to the Nightlife Advisory Board created concurrently with the repeal of the Cabaret Law, kicking the can down the road.

Zoning Regulations Establishing Use Groups

Use Groups governing allowed uses in zoning districts are established by the Zoning Resolution, Article Ill: Commercial District Regulations Chapter 2 – Use Regulations. These provisions are organized by Use Groups. The districts covered by each Use Groups iare described in each provision. Section 32-15 defines Use Group 6 applying to these zoning districts: Cl C2 C4 CS C6 C8. Section 32-21 defines Use Group 12 applies to these zoning districts: C4 C6 C7 CS. This linked version is highlighted in yellow to show Use Groups affecting music and dancing.