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]
Provisions of the New York City Zoning Resolution Concerning Regulation of Dancing and Music. Provisions related to dancing and music are marked in yellow. The provisions relating to dancing and music were added in 1990 as a result of the 1989 City Planning Report, the background of which is described in Chevigny – Gigs: Jazz… Continue reading Zoning Resolution – Provisions Relating to Dancing and Music
The Zoning Resolution consists of 14 Articles and 11 Appendices, plus 126 Zoning Maps, that establish the zoning districts for the City and the regulations governing land use and development. The version linked above is an easy to use web version to the ZR, with links to legislative history. Articles I through VII contain the use,… Continue reading Text of NYC Zoning Resolultion
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 1916 Zoning Resolution as amended prior to 1961 included provision restricting the location of cabarets, defined to include dancing and music but not restaurants with fewer than three instruments. This provision was added to the 1916 resolution in 1955.
Use Group 12 applies in purely commercial and manufacturing areas and allows establishments with dancing.
The NYC Department of Buildings has failed to withdraw it Code Notes for Cabarets despite the repeal of the Cabaret Law, thereby confusing and misleading the public.
Use Group 6 applies in mixed commercial-residential areas. In eating and drinking establishments, does not allow dancing or music if there is a cover charge, so that venues cannot cover the cost of hiring musicians.
1926 Cabaret Law: A LOCAL LAW to regulate dance . halls and cabarets, and providing for licensing the same. Very many have opinions and views about the 1926 Cabaret Law, but never have read the law, since it is not available on databases such as Westlaw and Lexis. We obtained the text of the law here from the Archives of the City of New York. Many claim the law was racist and was aimed at black jazz venues was their mistaken belief that the 1926 Law supposedly included a restriction prohibiting drums and saxophones in cabarets. But, such a provision was not added until 1961, and was a relaxation of the law to allow stringed instruments including guitars and violins.