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The New York State Liquor Authority (the “SLA”) recently issued an Advisory that they will no longer require applicants for On-Premises licenses (bars, restaurants, hotels, etc.) to disclose whether or not they will allow patron dancing at their premises. 

The SLA as a part of its On-Premises Application requires that applicants disclose specific information about how they intend to operate, which includes, among other things, whether they will have music and what types- live, recorded, etc.- whether they will have DJs, and whether they will allow patron dancing. While Section 110 of the Alcoholic Beverage Control Law (the “ABC Law”) specifically requires disclosure of the intent to offer certain forms of adult entertainment, it also contains a catchall provision which gives the SLA discretion to require such additional information in its applications as may be reasonably necessary to determine whether to grant specific licenses.  Historically, the SLA used this provision as a basis to also require applicants to disclose whether they intended to allow “patron dancing” as part of their approved method of operation, and for the SLA to consider same in deciding whether to issue the license. 

Like a scene straight of Footloose, if a licensee’s approved method of operation does not include dancing, they would have to literally stop patrons from dancing- even to background music- or risk being in violation of their license.  The new Advisory is aimed at removing this outdated barrier to licensure, recognizing that there are more relevant ways for the SLA to evaluate an applicant’s proposed operations and any attendant public safety considerations.

The new guidance, which takes effect immediately, provides that the SLA will no longer require applicants to answer questions concerning patron dancing in the On-Premises Application, Method of Operation Change Application, Municipal Notice Form, Public Interest Questionnaire and other related materials. Though the questions will likely remain on the application form, applicants may now leave those questions blank without impacting the evaluation of their application. 

This policy adjustment applies to all new on-premises license applications, including applications which are currently under review and not yet approved. Applicants are still required to disclose whether they plan to allow any form of exotic dancing, topless entertainment, pole dancing and/or lap dancing, as disclosure of those forms of entertainment is still specifically required by the ABC Law. 

Crucially, the Advisory does not override or otherwise have any impact on any applicable local or municipal laws, rules, regulations or zoning requirements, including any local cabaret laws or permitting requirements related to dancing or entertainment. Applicants and licensees must still comply with all such local requirements. 

Practically speaking, this means that if a community board or municipality has rules or policies governing dancing, then those will control over this Advisory. Before an applicant can submit their On-Premises application to the SLA, they must first submit a 30-Day Notice to the relevant municipality. The municipality can weigh in on the proposed application, and can take actions, including requesting certain stipulations on operations, or disapproval of the application altogether. These recommendations and proposed stipulations form part of the record considered by the SLA in determining whether to grant the license and under what conditions. If a community board or municipality were to request a prohibition on dancing at a certain venue, the SLA would have to take that into consideration, notwithstanding the recent Advisory.  

Licensees with existing stipulations restricting patron dancing will not automatically have such restrictions removed but may submit a Method of Operation Change application to the SLA if they wish to permit patron dancing at their premises.

This loosening of the requirements around dancing aligns with Governor Hochul’s policy of supporting the arts and live performances and follows a 2017 amendment to New York City’s onerous “Cabaret Law”, and a late 2025 amendment to Albany’s cabaret law, now referred to as an “Accessory Entertainment License. This is also the most recent in a series of changes and developments under Governor Hochul and SLA Chair Fan aimed at improving and modernizing the State’s laws relating to alcoholic beverages. Recent changes include, among other things, the permanent legalization of to-go alcohol, direct-to-consumer shipping for New York State liquor, cider and mead manufacturers, legalization of the sale of liquor in movie theaters, expansion of one-day permits to include full liquor, and legalization of limited retail-to-retail alcohol sales. 

Contact Whiteman Osterman & Hanna Today

If you have questions regarding the operation of your existing New York licensed business or are contemplating applying for a new license, don’t hesitate to get in touch with Alexandra Becker by e-mail (abecker@woh.com)  or phone (518.487.7725) to see how the Alcoholic Beverage Team at Whiteman Osterman & Hanna may be able to assist.