In 1980, the Court of Appeals held that the SLA exceeded it authority when acting as a zoning authority. Circus Disco v. NYS LIQ AUTH, 51 N.Y.2d 24, 431 N.Y.S.2d 491, 409 N.E.2d 963 (1980). The Legislature apparently responded by adding § 64[6-a]https://codes.findlaw.com/ny/alcoholic-beverage-control-law/abc-sect-64/. There are, however, more fundamental reasons. Parking and traffic are essentially problems… Continue reading SLA Circus Disco ABCL § 64[6-a]
Document Category: State Liquor Authority (SLA)
Bar Association Committee Describes SLA and Community Boards Pressuring License Applicants
In 2018, the Committee on Hospitality Law of the New York City Bar Association submitted a letter to the Office of Nightlife describing ways in which the SLA and Community Boards Impose Conditions on License Applicants and predicting that the repeal of the Cabaret Law will result in the de facto continuation of a near prohibition of dancing within the City of New York.
State Liquor Authority – Method of Operations and License Database
The New York State Liquor Authority is the dominant regulator of music and dancing in New York City. Reform of the zoning law will not remove the SLA regulation. Over 1900 liquor licenses in New York City require licensed venues to prohibit dancing; over 9000 license do not allow live music.
Community Boards Ignore Chiasson Decisions Declaring Music Restrictions as Unconstituional
The New York City Community Boards in cooperation with the State Liquor Authority have ignored the decisions of Chiasson I and Chiasson II in in 1986 and 1988, implementing restrictions against live music declared as unconstitutional. Although the City amended its Zoning Resolution in 1990 reflecting the Chiasson decisions, the SLA and Community Boards have acted as a superseding zoning authority overriding the Zoning Resolution.
Community Board 1 Stipulations to be Added to the Liquor license
Some Community Boards, such as Community Board 1, may require Applicants to enter into a Stipulation which Applicant’s are required to sign, which refer to music, cover fees, and dancing and CB1 then requests that the SLA include the Stipulation in any Liquor License.
Statutory Authority of New York State Liquor Authority to Regulate Dancing and Music
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.
SLA 30-Day Advance Notice to Community Board 12-31-21
Applicant’s for Liquor LIcenses or change in Method of Operation are required to provide 30-days advance notice to the local Community Board. Community Boards are not required to provide their response within a set timetable.
The New York State Liquor Authority – Method of Operation
The New York State Liquor Authority has acted the major regulator of dancing in venues offering alcohol using a scheme that Liquor Licenses and a venues Method of Operation must show whether the venue is offering patron dancing and collaborates with Community Boards to restrict dancing and live music. The SLA collaborates with Community Boards in its enforcement.
SLA 30-Day Advance Notice Form to Community Board 12-30-2021.
The State Liquor Authority requires applicants to provide a 30 day notice to Community Boards for an application for a new license or to modify a Method of Operation. Questions are asked concerning patron dancing and live music including the types of music – rock bands, acoustic, jazz. The questions as to types of music are in our opinion not constitutional.
SLA Method of Operation Form 2018
After repeal of the Cabaret Law, the SLA revised its forms for requesting the Method of Operation for applicants. Applicants are required to state whether live music is to be offered and whether there will patron dancing.