Cabaret 101: Why It's Illegal to Dance in Most Places in NYC

The city began a system in Prohibition-era 1926 to control entertainment in clubs. All clubs were required to obtain a cabaret license to operate, a labyrinthine process entirely controlled by the city. The law states that an establishment must be licensed if the club features three or more musicians, or if any of the instruments is percussion or brass, or if there are three or more people moving in synchronized fashion.

In the late eighties, after a five year legal battle on behalf of the Musicians Union led by New York University Law Professor Paul Chevigny, the courts declared the three musician rule unconstitutional and accepted live music in zones where bars and restaurants are permitted. But nothing was done to lift the stigma of dancing.

In his book Gigs: Jazz and the Cabaret Laws in New York City (1991, Routledge), Chevingy writes, "the cabaret laws expressed the view of the NYC lawmakers - rooted ultimately in racism as well as fear of bohemian mores." Simply put, the city wanted to have control over the races mingling, something no politician would ever stand in support of today.

Nightclubs are also restricted in zoning, meaning cabaret licenses are only granted to venues in major commercial centers, industrial or manufacturing districts, effectively making it illegal to dance in any residential area. In 1960 there were 12,000 cabaret licenses in the five boroughs. Now, in 2006, there are less than 200.

The permit process is long, costly and uncertain. Approval is required from the Department of Consumer Affairs, the NYC Planning Commission, the Fire Department, Buildings Departments and local community boards, among others, all of whom work independently of each other.

In 1997, Rudy Guiliani created the multi-agency Nightclub Enforcement Task Force to crack down on clubs as part of his "Quality of Life" campaign. Deputy Mayor Rudy Washington goes on the record stating, "We've been closing down these little buckets of blood (nightclubs) for about three years and paralyzing them." Coney Island High, Baby Jupiter, Hogs & Heifers, Vain, Rivertown Lounge, No Moore, Knitting Factory and Lakeside Lounge are just a few of the places that have been fined or padlocked for illegal dancing.

A survey sponsored by the New York Nightlife Association and conducted by Audience Research and Analysis reports that approximately 24.3 million people come to New York City's music and dance clubs per year, exceeding the combined attendance of Broadway theaters, city sports teams, the Metropolitan Museum of Art, and the Empire State Building, while contributing $2.9 billion to the city's economy and providing over 27,000 jobs.

Although there are currently over 5,000 liquor licenses in the five boroughs you can only legally dance about 200 places. You are not allowed to dance to the jukebox or DJ at your local bar. You are not allowed to move to the rock band or jazz act at your neighborhood club. Social dancing is not a safety issue. This does not mean we don't support strict compliance with all fire safety codes, capacity numbers, noise ordinances, alcohol and drug laws, only that the act of dancing never be restrained in any manner.