Although the outdated Cabaret Law, which had banned dancing in unlicensed venues, was repealed in 2017, the zoning regulations were not revised until now. The Cabaret Law was created during the Prohibition era and specifically targeted jazz clubs during the Harlem Renaissance, discriminating against Black performers and musicians by banning instruments like saxophones in unlicensed venues and requiring performers to hold a “cabaret card.”

The zoning code, which remained in use even after the Cabaret Law was repealed, restricted dancing outside manufacturing and specific commercial zones until now. Many nightlife venues operated without the necessary approvals for dancing and live entertainment. The recent changes proposed by Council Member Keith Powers, Manhattan Borough President Mark Levine, and Mayor Eric Adams aim to fully eliminate these outdated zoning provisions. The plan to eliminate the zoning code was proposed in 2021 and was added to City Planning’s City of Yes Economic Opportunity proposal last year.

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

With this update, dancing and stand-up comedy will now be allowed in all commercially zoned eating and drinking establishments, proportionate to their venue size. Large venues with capacities exceeding 200 people will still be subject to separate regulations, and all establishments must comply with noise, fire, security, and health codes.

Council Member Keith Powers celebrated the vote, stating, “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. It’s time to let New Yorkers dance!”

The broader City of Yes measure also expands manufacturing areas and removes restrictions on business locations. “In our 24/7 city — the birthplace of hip-hop, salsa, and disco — the freedom to dance is essential,” Jeffrey Garcia, executive director of the city’s Office of Nightlife (ONL), praised the changes. “We are grateful to Mayor Adams, the City Council, and countless advocates across the nightlife community who continue to push for equal access to dancing for all New Yorkers.”