The SLA is subject to New York's Alcohol and Beverage Control Law. Although the SLA can regulate "Cabarets" but only if the capacity exceeds 600. There is nothing it the ABC which authorizes the questions included in the questionnaires to applicants for Licenses or Changes in Method of Operation.
The SLA is only allowed to inquire as to additional categories of information needed to carry out its functions. Section 110.7 allows questions as to topless or exotic dancing, but no specific authority is granted to the SLA to inquire as to patron dancing, type of music, or live music. The SLA forms state:
This form satisfies Section 110 of the ABC Law requiring that a statement be submitted indicating the type of establishment operated at the premises.
§ 64-d. License to sell liquor on premises commonly known as a cabaret. 1. Any person may make an application to the state liquor authority to operate a cabaret.
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A license under this section shall be required of any licensee upon whose premises musical entertainment, singing, dancing or other forms of entertainment is permitted; provided, however, that this section shall only apply to licensees whose premises have a capacity for the assemblage of six hundred or more persons. Nothing contained in this subdivision shall be construed as requiring a license under this section by an establishment licensed under section sixty-four or paragraph (b) of subdivision six of section sixty-four-a of this article.
§ 110. Information to be requested in applications for licenses or permits.
1. The following shall be the information required on an application for a license or permit:
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(f) A statement indicating the type of establishment to be operated at the premises. Such statement shall indicate the occurrence of topless entertainment and/or exotic dancing whether topless or otherwise, including, but not limited to, pole dancing and lap dancing, at the establishment.
7. The authority may, by rule, adopt additional categories of information which may be reasonably necessary to carry out the provisions of this section.
