Cabaret License Not Req'd?

[coppertree10]

From the New York Times, today. I feel my opinion of Bloomberg changing already. All you NYC heads keep hope alive!

Decades Old Cabaret Law Faces Repeal

By MICHAEL COOPER

Published: November 20, 2003

The age-old battle between the New York of nightclubbing revelers and the New York of sleep-deprived neighbors entered a new phase yesterday when the Bloomberg administration said it would move to repeal a Jazz Age law that prohibits dancing in bars and nightclubs that do not hold special licenses.

Declaring her intention of putting "the dance police" out of business, Gretchen Dykstra, the commissioner of the city's Department of Consumer Affairs, called for scrapping the old cabaret licenses. In their place, she said, the city should issue new "nightlife licenses" that would allow it to regulate the unwanted side effects of nightlife that people really care about: noise, disorderly crowds and filthy sidewalks.

It is the administration's attempt to balance the needs of those who boast that New York is a city that never sleeps, and those who complain about it.

The cabaret law was Mayor Jimmy Walker's attempt at that balance in 1926. A city report at the time noted that the law's opponents said that "when strangers came to New York, they wanted to `run wild.' " The report concluded that "there has been altogether too much running wild in some of these nightclubs."

The law now requires bars and nightclubs to have a cabaret license, in addition to a liquor license, if their patrons are to dance legally. Businesses say the licenses are not easy to come by.

Over the years, the law has been enforced heavily at some points and ignored at others.

It became an issue during the Giuliani administration, when the city began using the law as a weapon in its broader crackdown on quality-of-life crimes.

Few tears will be shed for the cabaret law if the City Council agrees to repeal it.

Stories abound of nightclubs that have switched at a moment's notice from dance music to country or (sorry, Beatles fans) "Eleanor Rigby" to get their patrons to stop gyrating when inspectors arrived. Some disgruntled night owls said New York City was losing its groove and turning into a real-life version of the small town that banned dancing in "Footloose," the Kevin Bacon movie musical. Other revelers were moved to action: they held a "Million Mambo March" to protest the law.

Ms. Dykstra announced the proposal to change the law at the Knitting Factory, a downtown nightclub that does not have a cabaret license.

"They have to expend resources and energy telling people not to dance," she said. "They don't have any community problems, they don't have violations. But people can't shake their booties when they come to the Knitting Factory. And that strikes us as a little odd."

In overhauling the nightlife laws, the administration is hoping to win back the good will of owners and patrons of bars and clubs, some of whom are annoyed by the city's smoking ban. But while the proposed repeal of the dancing ban was greeted ecstatically by some bar owners, other industry representatives expressed concerns about the licensing system that would replace it.

The proposal would require clubs to get nightlife licenses if they meet three criteria: they want to be louder than 90 decibels on a continuing basis, they remain open after 1 a.m., and they have a capacity of more than 75 in residential areas or more than 200 in commercial areas.

Each bar or club would have to get a professional sound engineer to certify that it has enough soundproofing to comply with the city's noise code. (Ninety decibels, officials said, is louder than a dog barking and quieter than a plane taking off.) And the city would be allowed to revoke the license of any club that is repeatedly caught selling liquor to minors or without a liquor license, or operating without sprinklers, exit signs or emergency lights, or that is the scene of crimes including assault and rape.

Christopher Policano, a spokesman for the City Council, said the Council would study the proposed law when it received it.

Robert Bookman, a lawyer for the New York Nightlife Association, a trade organization, applauded the city for moving to repeal the cabaret law, but he said he would rather see the city step up its enforcement of existing laws. The association wants a law allowing off-duty police officers to provide security at bars and clubs.

To some, the change cannot happen fast enough. At Plant Bar, on Third Street between Avenues B and C, the owner, Dominique Keegan, thought he had a system in place to keep surreptitious dancers safe. The bouncer was supposed to flip a switch if it looked as if inspectors were on their way, turning on a blue light telling the disc jockey to turn off the dance music and put on "Kid A," a less-than-boppy Radiohead album.

But the plan fell through in March, when a disc jockey did not know the code and the bar was cited for "16 people dancing." After a second ticket, it was padlocked. To reopen, Mr. Keegan had to discourage dancing, do away with the disc jockeys and put in a jukebox. Since then, he said, business has been way off. Under the proposed law, he would not need a nightlife license because his bar holds fewer than 75 people.

The news that dancing could soon be legal, he said, is "music to my ears, if you'll forgive the pun."

Word!!! Hope it happens.

[coppertree10]

All of you people call yourself NYC "Clubbers," yet no responses to this monumental news. We should all be celebrating the fact that anyone is even considering lifting the impediment known as the Cabaret license, in light of the Giuliani era. Whatever. Thought that some conversation would be sparked, but this board never ceases to amaze me in terms of how childish it is. All this talk about JP, the Sond Factory and other stupid gossip about DJs none of you really know. Lifting the Cabaret license req will completely change the dance music scene (as well as other forms of music) in our great City. People just don't recognize I guess, or just too uneducated to read a "long post" or the NY Times. Lame ass board.

[centroflyboy69]

Finally something good for NY.

[pookie23]

...In overhauling the nightlife laws, the administration is hoping to win back the good will of owners and patrons of bars and clubs, some of whom are annoyed by the city's smoking ban. But while the proposed repeal of the dancing ban was greeted ecstatically by some bar owners, other industry representatives expressed concerns about the licensing system that would replace it.

all you need to know...sucking up to the owners that want the smoking ban repealed.

[coppertree10]

You'd like to think, though, that maybe "they" also realize that it's just a stupid ass law. No dancing??? Come on, that law dates back to the Jazz Age. Now if we could get them to think about overhauling the Rockefeller Drug Laws.

[binarycool]

I'm sending this Gretchen Dykstra woman a thank you card

[530west28]

Bloomberg on the rampage!!!

On his radio show he's made it clear he wants all bars & clubs in NY to close by 2am.

For years the cabaret laws have been an undefined way to control & oppress the night life in NY.

If that wasn't enough, Bloomberg is now planning to take that a big step further.

On the surface it sounds like he's championing for the residents.

So I would not be surprised if he get there full support

& also on the surface someone might even think this is an improvement in the cabaret laws.

But read between the lines, this is all about control.

It mentions a public hearing they had in June 2003.

Basically the people that were informed & invited were hand picked.

& if you blink, this might be passed right under your nose.

This will effect everybody!

Just thought you should know.

Please spread the news...

> FOR IMMEDIATE RELEASE

> November 19, 2003

>

> CONSUMER AFFAIRS COMMISSIONER GRETCHEN DYKSTRA

> ANNOUNCES PROPOSAL TO ABOLISH THE CITY'S CABARET LAW

>

> DCA Proposes New 'Nightlife License' to Address Community Concerns

>

> New York City Department of Consumer Affairs (DCA) Commissioner Gretchen

> Dykstra today announced a proposal that would abolish the City's cabaret law

> and institute a new nightlife license to address ongoing community concerns

> including noise, disorderly crowds, and dirty sidewalks. The proposal,

> unique in the nation, will require City Council approval. Under the

> proposal, establishments meeting all three of the following criteria will be

> required to obtain a two-year nightlife license from the DCA:

>

> * Located in residential and some mixed-use zones with a capacity of

> more than 75 or in commercial, manufacturing, and mixed-use zones with a

> capacity of more than 200.

> * Choose to have continuous live or reproduced sound at a noise level

> of 90 decibels or higher.

> * Remain open after 1:00AM.

>

> Licensed nightlife establishments will be able to choose the noise level

> they wish to maintain and must have a professional sound engineer certify

> that they are in compliance with the City's Noise Code at that level.

>

> "New York City has the most exciting nightlife in the world," said DCA

> Commissioner Gretchen Dykstra. "However, the cabaret law regulating

> establishments with dancing does not effectively address what have become

> perennial problems for communities and law enforcement. Regulations should

> address problems, and we have found that the problems are consistently the

> same -- noise emanating from establishments, disorderly crowds, and dirty

> sidewalks. This proposal promotes a lively nightlife without requiring a

> license to dance, and most importantly, it will improve the quality-of-life

> in neighborhoods and strengthen enforcement to effectively deal with poorly

> managed places."

>

> During the past year, the DCA has worked to review the existing law with

> multiple government agencies, City Council members, and dozens of

> cabaret/bar owners, noise consultants, community groups, dance

> organizations, and other trade associations. In addition, the DCA held a

> public hearing in June 2003 with expert panels and public testimony.

>

>

> Highlights of the proposal include:

>

> * Establishments that meet the same criteria three times or less in

> one year will be able to obtain an expedited special nightlife permit.

>

> * The proposal will not change existing fire and zoning regulations.

>

> * The local Community Boards will have a 45-day comment period to

> report its recommendation on a new application.

>

> * Establishments with capacity levels of 500 or more occupants will be

> required to have one state-certified security guard for every 50 occupants.

> These guards would also be responsible for maintaining order outside the

> establishment when needed.

>

> * Nightlife establishments must make a good faith effort to ensure

> that the crowds entering or leaving do not cause disturbances and that

> vehicles outside are quiet. In addition, establishments will be required to

> keep the areas outside the establishment clean.

>

> * Following New York City Department of Environmental Protection

> standards, the DCA will be authorized to enforce the Noise Code using

> digital sound meters recognized by the industry.

>

> * DCA will be authorized to order occupants to vacate the premises

> immediately if exit doors or fire doors are found blocked or locked.

>

> * Violations for licensees (which will include exceeding the chosen

> noise level) would range up to $250 for the first violation and up to $1,000

> for the third violation. If a licensee receives three adjudicated license

> violations within two years, DCA will be authorized to padlock the

> establishment for up to 30 days.

>

> * DCA will be able to revoke a license if the location is repeatedly

> in violation of any three of the following egregious City or State laws:

> unlicensed sale of liquor; sale of liquor to minors; overcapacity; disabled

> sprinkler systems, exit signs or emergency lighting; blocked or locked

> exits; assault; rape or attempted rape; possessions of weapons; or homicide.

>

>

> The City's Cabaret Law was promulgated in 1926 and currently covers

> establishments that serve food and/or drink to the public and have patrons

> dancing. It is illegal to operate a cabaret in New York City without a

> license from the DCA.

>

> Noise emanating from bars and clubs continues to be a top complaint at 311,

> the City's 24-hour citizen service hotline. For a list of common noise

> levels and zoning maps, visit www.nyc.gov .

>

> ###

>

>

>

> New York City Department of Consumer Affairs

>

> Visit us on the Web: www.nyc.gov/consumers

[chelsea17]

I think people should be able to dance "ANYWHERE". Dancing is not - in any way or form - a nuisance to the public.

I do think Bloomberg should be ousted out of City Hall. He lives in a "fake world"..... His world.... We don't have it the way he does!

Closing clubs at 2:00 A.M. would be DISASTROUS. We must come together as a whole for the industry to impede any and all attempts to make this real. Please, Please, Please - take this serious. It just CANNOT happen. This is the CITY for crying out loud. If people want quiet - go to the suburbs or the country. Growing up in Chelsea and living in Club World has made me the City Girl that I am. I cannot fathom getting to a club before 1:00 a.m. What am I to do? Stay for 45 minutes. I and, I'm sure, many others will be put in a state of depression. We work hard all week long, pay hefty taxes, pay ridiculous amounts of money for rent, and have done much, much more to keep the City thriving = WHY MUST YOU TAKE AWAY OUR ONE OUTLET; Partying til the early morning to forget the madness we endure....

If that's the case, let's take away his Metropolitan Opera; Carnegie Hall; The Museums, etc. He wouldn't do something like that because that is His Enjoyment..... A message to the MAYOR - YOU SUCK!

PEACE and GOOD LUCK to our CAUSE..... C17

[dgmodel]

Originally posted by coppertree10

All of you people call yourself NYC "Clubbers," yet no responses to this monumental news.

LMAO...to expect a response on a topic like this, makes me guess you havent been on cp in a while... but in any event it is a great step in our direction however a tear in the bucket towards what else needs to be done... now if only we can get a lift on that no smoking ban...

[cuban2def]

bloomberg is a business man and understand nyc night life makes him moneyy