Proposal to Absolish Cabaret Law! Must Read!

[Guest LunaSea]

this new law about about getting a license for a small fee to stay open past 1am will Replaec the cabaret law.. the law is working WITH us this time!

:::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

[Guest joeygk]

"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"

---

the cost of sound proofing a building has to be enormous!  

: - they will effectively drive out a good number of the NYC nightlife by making it very difficult & costly for lounges/bars/clubs to be in compliance --- sad.

[Guest LunaSea]

i hear what you're saying-- but you're making it seem like this is the first time they've mentioned noise levels in a law.. they're just being more specific about the noise levels.

there are a few details left out of course, since this a proposal... however, this is a HUGE step up from the cabaret law--

most people will only see more negative stuff towards this proposal but well, that's how it goes...at least people won't be arrested or places won't be shut down for dancing alone! the OLD cabaret law was so antiquated, and if i may, i'm going to quote dykstra bc i think she worded it perfectly in this article i saw (link at bottom) "Here you have this funny disconnect — you have a license [cabaret] law that doesn’t address problems and doesn’t solve problems and yet you’ve got businesses that aren’t problems being caught in it"

the NEW law is focusing on dirty sidewalks, unruly crowds and noise levels. and the cost of the new license isn't much.

here's another article about what Dykstra has been saying about the law:

http://www.thevillager.com/villager_38/dykstradisheson.html

i hope people can find the strength and positivity to support this, bc the very least we can do to support our community is support new laws that will help it.

[Guest joeygk]

i hear what you're saying-- but you're making it seem like this is the first time they've mentioned noise levels in a law.. they're just being more specific about the noise levels.  

yeah, but there's a difference between keeping the noise down and enforcing the law w/ electronic decibal meters --- it just seems like it's going to be an easy out for the City to shut down establishments --- "oops you registered a 4.007 on the decibal meter -- the law says 4.006"  - hopefully it won't be that bad but I'm skeptical of any law that inteferes w/ my youthful pursuit of happiness via dunken shennanigans in the wee hours of the morning.  

Honestly, if you ask me this is one of the after effects of the smoking ban -- the city is annoyed b/c there are large crowds of people standing in the street after hours smoking & causing disturbances ----- so this is their remedy.  Bah humbug!

[LESjunkie]

yeah, but there's a difference between keeping the noise down and enforcing the law w/ electronic decibal meters --- it just seems like it's going to be an easy out for the City to shut down establishments --- "oops you registered a 4.007 on the decibal meter -- the law says 4.006"  - hopefully it won't be that bad but I'm skeptical of any law that inteferes w/ my youthful pursuit of happiness via dunken shennanigans in the wee hours of the morning.  

Honestly, if you ask me this is one of the after effects of the smoking ban -- the city is annoyed b/c there are large crowds of people standing in the street after hours smoking & causing disturbances ----- so this is their remedy.  Bah humbug!

I concur with this 100%, daniella I think you are being way too quick to throw your support around this thing! Im not saying it is good or bad, but Id never say right now that "i hope people can find the strength and positivity to support this, bc the very least we can do to support our community is support new laws that will help it."

Our local govt has been very sneaky with nightlife in the past in order to shut doors in our facve...the very fact that the cabaret laws were used against us is evidence that sneaky tactics are part of their game---

Anyone ever walked by "Spread" on 25th and 3rd? Ever seen that huge sign right in the door that reads:

NO SMOKING

NO DANCING

I almost puke everytime I see that disgusting sign. I want to projectile vomit on it---what's next,

NO TALKING

NO TOUCHING

A law coming from a woman named "Gretchen Dykstra"....sounds like an evil bitch to me! Like Cruella DeVille..... :-/

[Guest endymion]

"No dancing"??

Huh?

Please explain. I live in a town where women are encouraged to wander around topless. I heard about no smoking and no sex but what's this about no dancing?

[LESjunkie]

"No dancing"??

Huh?

Please explain.  I live in a town where women are encouraged to wander around topless.  I heard about no smoking and no sex but what's this about no dancing?

well thats the heart of the issue.....guiliani used a cabaret law from the 20's in which establishments have to have liscences to allow people to dance....so, bars and clubs in NYC must have this license...I've been asked mayn times at bars to stop dancing....

[Guest joeygk]

"No dancing"??

Huh?

Please explain.  I live in a town where women are encouraged to wander around topless.  I heard about no smoking and no sex but what's this about no dancing?

Basically, rent the movie Footloose and you'll understand! ;D