New York City Cabaret Law

New York City Cabaret Law is an actively-enforced dancing ban originally enacted in 1926 during Prohibition in the United States. The New York City Cabaret Law refers to the prohibition of dancing in all NYC spaces open to the public that sell food and/or drink with the exception of those who obtain a cabaret license. It prohibits dancing by more than three persons in any "room, place or space" in New York City that lacks a cabaret license, and prohibits "musical entertainment, singing, dancing or other form of amusement" without a license. Critics argue that the license is expensive and difficult to obtain while enforcement is arbitrary and has historically been weaponized against marginalized groups, while its proponents insist the law minimizes noise complaints.

According to the New York City Department of Consumer Affairs:

“A Cabaret License is required for any business that sells food and / or beverages to the public and allows patron dancing in a room, place, or space.”

The New York City Cabaret Law was passed in 1926, originally targeting jazz clubs in Harlem during the Harlem Rennaissance. In proposing passage of the law, the Committee on Local Laws argued, "there has been altogether too much running `wild' in some of these night clubs and, in the judgement of your Committee, the `wild' stranger and the foolish native should have the check-rein applied a little bit."

Prior to 1967, musicians were required to obtain a New York City Cabaret Card, and musicians such as Chet Baker, Charlie Parker, Thelonious Monk, and Billie Holiday had their right to perform suspended. The law restricted the unlicensed performance of instruments used in jazz while exempting musical performance "by not more than three persons playing piano, organ, accordion or guitar or any stringed instrument." This distinction was found to be unconstitutional in Chaisson v. Dept. of Consumer Affairs, 138 Misc. 394 (N.Y. Sup. Ct. 1988), though the text of the law was not amended. A broader challenge to the Cabaret Law under the New York State Constitution was rejected in Festa v. City of New York, 2006 NY Slip. Op. 26125 (N.Y. Sup. Ct. 2006), though the court urged legislative review of the law, concluding, "Surely, the Big Apple is big enough to find a way to let people dance." Throughout its history the law has been selectively enforced with its most notable enforcer, former Mayor Rudolph Giuliani, resurrecting the dormant rule as part of his implementation of Broken Windows Theory to fine and shut down perceived nuisance bars in the late 1990s.

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