This is the first Chiasson decision holding 1961 amendment to Cabaret Law restricting types of instruments that may be played in unlicensed clubs to not allow percussion, wind, and brass was not enforceable, and deferred consideration to further proceeding as to whether restrictions on numbers of instruments were permissible.
Chiasson v. New York City Department of Consumer Affairs, 132 Misc. 2d 640 (N.Y. Sup. Ct. 1986).
“defendants have simply failed to set forth what, if any, substantial governmental interest is furthered by refusing to permit percussion, wind, and brass instrumentalists to play in unlicensed clubs”