In New York City, a ‘Cabaret’ is any place, space or room where musical entertainment like singing, dancing and other forms of amusement is allowed in conjunction with a business that directly or indirectly sells food or drink to the public like that of a restaurant business except for those places that only provide incidental musical entertainment thru mechanical devices or live musical entertainment by not more than 3 people and doesn’t include dancing. The Department of Consumer Affairs issues a Cabaret license that is required for businesses selling food and/or drinks to the consumers or public and provides a place or space for their customers to dance. Proper care and responsibility for crowd control should be exercised by the cabaret near the cabaret’s entrance. It is their responsibility to ensure that the crowd outside of the establishment waiting to go in or leaving does not create excessive noise, litter or behave in a manner that would disturb the public’s peace or safety. They are also required to have a waiting area indoors that shall be utilized to its maximum capacity especially when there is a crowd waiting to be admitted.
NYC Building Code + NYC Administrative Code
The Building Code and the Administrative code regulates the design as well as the construction of cabarets. The BC lays out the requisites for exit and exit components, fire protection, occupant load limits as well as accessibility. If the cabaret expects 75 or more people indoors or on the roof, then they are required to post their capacity sign and PACO or Place of Assembly Certificate of Operation in a very visible location. Approved PA plans should also be readily available on site for the annual fire department inspection.
CABARET Applications
In order to get your cabaret application processed, a copy of Certificate of Occupancy or schedule A from related Alt-1/NB application that confirms the number of occupants and zoning use group must be presented.
Verification of the proposed use based on the number of occupants and entertainment presence as well as the verification of the proposed use is permitted with the subject zoning district is also required. The Place of Assembly Certificate of Operation or PACO is also required if the place will accommodate 75 or more persons.
Related Applications
Separate filings are required for, if applicable, alternative fire suppression systems in the kitchen and fire alarms with the vicinity, which needs to be reviewed by the Fire Department.
Alt-1 or NB approved application that indicates total number of occupants, occupant loads as well as zoning use group.
Alt-2 for construction work like doors, walls and the likes, sprinkler systems, fire alarm system, fire suppression system, if these were not included within the alt-1 or NB application.
For over 300 occupants - Alt-2 application for Fire protection plan in accordance with BC §28-109.2, Item 3
Change in Zoning or Assembly use group - New Certificate of Operation as per BC §28-117.1.2 or Amendments to Certificate of Operation as per BC §28-117.1.3
Other application and requirements may additionally be required depending on the cabaret’s location, additional constructions and the likes. If you need help regarding your cabaret applications, please do not hesitate to contact us and we will be glad to assist you.