City Council Member Keith Powers, Elected Officials, and Nightlife Advocates Celebrate the City Council’s Historic Action to Update Zoning Laws to Boost Nightlife

For Immediate Release
June 6, 2024

Contact: Ben Jacobs 646-592-0100
bjacobs@council.nyc.gov

The City Council passed the City of Yes for Economic Opportunity package, including the proposal to allow dancing and live entertainment as of right in commercial establishments and end the outdated Cabaret Law zoning

City Hall, NY - Today, the New York City Council voted to pass the City of Yes for Economic Opportunity plan, which includes an end to outdated zoning regulations preventing dancing in many nightlife establishments throughout the city. As a longtime advocate for this policy, Council Member Keith Powers celebrates this zoning change, which provides venues with the legal clarity to operate their businesses confidently.

This achievement is a result of years of advocacy on the issue from Council Member Powers and his colleagues. In 2021, Council Member Powers, Manhattan Borough President Mark Levine, and Mayor Eric Adams proposed eliminating those zoning provisions in a City Council resolution, Res 1728-2021. As a result of this advocacy, the policy was included in the Department of City Planning’s City of Yes for Economic Opportunity proposal in 2023. Council Member Powers, Council Member Osse, and Council Member Bottcher joined together to advocate for the proposal last month in May 2024.

“New York City is the city that never sleeps and the center of nightlife. Today’s vote uplifts our nightlife community, ends discriminatory practices, and provides clarity to our small businesses. Thank you to Mayor Adams, Speaker Adams, City Planning Chair Dan Garodnick, and to my colleagues for supporting our nightlife industry.” said City Council Member Keith Powers. “It’s time to let New Yorkers dance!”

In 2017, the New York City Council took the historic step of repealing the Cabaret Law when Council Member Rafael Espinal introduced Local Law 214 of 2017 but did not repeal underlying zoning regulations that served as a barrier for restaurants and bars operating in New York. As a result, many nightlife establishments continued to operate without necessary approvals for dancing and live entertainment. The City Council reversed that today with the nightlife provision within the City of Yes for Economic Opportunity plan that enables all commercially zoned eating and drinking establishments to have entertainment like dancing or stand-up comedy in scale with their venue size. The City Council amended the original proposal to increase resources and add additional staff to the Office of Nightlife.

This new legal framework will end unfair discrimination against predominantly LGBTQ+ and black-owned bars and restaurants while also reaffirming the quality of life and safety standards—all establishments would still be subject to noise, fire, security, and health codes. In addition to establishing a fair structure for bars and restaurants, the new zoning laws will allow for New York City nightlife - which is a $35 billion industry that supports some 300,000 jobs and generates $700 million in yearly tax revenues - to flourish with clearly established guidelines and allow all business owners to operate under the same rules and regulation.

"Abolishing the Cabaret Law in 2017 was an important first step, and now we must finally fully repeal the antiquated zoning and unfair regulation that has been used to discriminate against Black, Brown, and queer nightlife establishments," said Manhattan Borough President Mark Levine. "New York can’t be the City of Yes if we still say no to dancing.”

“I applaud the City Council’s approval of these commonsense zoning changes and longtime advocacy to lift arbitrary bans on where New Yorkers can dance,” said Dan Garodnick, Director of the Department of City Planning and Chair of the City Planning Commission. “These long overdue changes will finally let New Yorkers stand up and dance, while ensuring regulation continues where it is needed – by noise and venue size. Today’s vote is a win for our local restaurants and venues, musicians and performers, and every New Yorker who wants to enjoy live entertainment!”

“The regulations we have finally ended were discriminatory, out of date, and wrong. I’m glad the City Council is recognizing the position nightlife holds in New York, and I thank Speaker Adams, Council Members Powers and Bottcher, and advocates from across the five boroughs for helping get us to this moment,” said Council Member Chi Osse.

"Today marks a historic moment for our city's vibrant nightlife industry. With the passage of new zoning laws as part of The City of Yes, we bid farewell to the outdated Cabaret Laws and welcome a future filled with opportunity and creativity. These changes will not only stimulate our nightlife economy but also provide much-needed legal clarity for all venues. I extend my deepest gratitude to my council colleagues especially Council Member Keith Powers and Speaker Adrienne Adams for their steadfast stewardship of this transformative bill. Together, we are fostering a more inclusive, dynamic, and thriving NYC nightlife for all,” said Council Member Erik Bottcher.

"After decades of having to sit in their seats or stand still, New Yorker's can finally groove to the music at small neighborhood establishments. Thank you Mayor Adams, Councilmember Powers, City Planning Commissioner Garodnick, and all the advocates for retiring the dance police!" said Andrew Rigie, Executive Director, and Rob Bookman counsel, NYC Hospitality Alliance.

"Finally, the city is dancing to the beat of progress. As a former City Council Member who successfully repealed the Cabaret Law in 2017, I always knew it was one of many steps needed to culminate in this moment. While enforcement against dancing has tapered since then, businesses and performers continued to live in fear that zoning regulations would hinder their ability to operate, entertain, and thrive. I applaud City Council Member Keith Powers, alongside Chi Osee and Erik Bottcher, for their advocacy in seeing this through. New York City will continue to be the nightlife capital of the world, thanks to the City of Yes," stated Rafael Espinal, former Council Member and President of Freelancers Union.

"40 years ago I risked arrest to dance with a same sex partner in the Rainbow Room despite regulations barring same sex dancing in cabarets. I am overjoyed that the council voted today to eliminate the last vestiges of this system that sought to police BIPOC and Queer socialization out of existence,” said Allen Roskoff, President, Jim Owles Liberal Democratic Club.