STATE OF NEW YORK
        ________________________________________________________________________
                                          5654
                               2017-2018 Regular Sessions
                    IN SENATE
                                     April 24, 2017
                                       ___________
        Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities
        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation  to  the  licensing  of establishments providing adult enter-
          tainment
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 3 of section 20-359 of the administrative code
     2  of the city of New York, as amended by local law number 34 of  the  city
     3  of New York for the year 1986, is amended to read as follows:
     4    3.  "Cabaret."  (a)  Class  A cabaret: Any room, place or space in the
     5  city in which any musical entertainment, singing, dancing or other  form
     6  of  amusement is permitted in connection with the restaurant business or
     7  the business of directly or indirectly selling to  the  public  food  or
     8  drink,  except  eating  or  drinking  places,  which  provide incidental
     9  musical entertainment, without dancing, either by mechanical devices, or
    10  by not more than three persons.
    11    (b) Class B cabaret: Any room, place or space in the  city,  which  is
    12  not  licensed to sell alcoholic beverages, in which any entertainment or
    13  other form of amusement is permitted in connection with a business  when
    14  such  entertainment  or  amusement  includes  (i)  any  lewd or indecent
    15  conduct performed by any person employed by, independent  contractor  of
    16  or  patron of such business, or (ii) any person employed by, independent
    17  contractor of or patron of such business appearing unclothed or in  such
    18  manner  or  attire  as  to expose to view any portion of the pubic hair,
    19  anus, vulva, genitals, areola or any simulation thereof.
    20    § 2. The administrative code of the city of New  York  is  amended  by
    21  adding a new section 20-359.1 to read as follows:
    22    § 20-359.1 Class B cabarets. The department shall establish a specific
    23  license  for  class  B  cabarets, which shall be issued pursuant to this
    24  subchapter. Every class B cabaret shall be subject to all provisions  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07986-01-7

        S. 5654                             2
     1  this  subchapter, any other provisions of this code relating to cabarets
     2  and the rules and regulations of the department established in  subchap-
     3  ter  T of chapter two of title six of the rules of the city of New York.
     4  Furthermore,  every application for issuance or renewal of a license for
     5  a class B cabaret shall be subject to the provisions of section 2-204 of
     6  such subchapter T.
     7    § 3. This act shall take effect on the ninetieth day  after  it  shall
     8  have  become  a  law; provided, however, that effective immediately, the
     9  addition, amendment and/or repeal of any rule  or  regulation  necessary
    10  for  the implementation of this act on its effective date are authorized
    11  and directed to be made and completed on or before such effective date.