Legal Opinion
Chiasson v. New York City Department of Consumer Affairs
New York Supreme Court
Decided January 28, 1988PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
David B. Saxe, J.
Is the three-musician limitation contained in the incidental music exception to the New York City Cabaret Law (Administrative Code of City of New York § 20-359 [3]) sustainable as a matter of constitutional law? The plaintiffs cross-move for a *395declaratory judgment to the effect that the limitation is unconstitutional; the defendants move for summary judgment dismissing the complaint against them.
A cabaret is defined as an eating or drinking place where music or dancing or entertainment are provided. (Administrative Code § 32-B296.0 [3] [renum § 20-359…
2Cases cited4 opinions
- City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
- Schad v. Borough of Mount EphraimSupreme Court of the United States · 1981
- Walker Memorial Baptist Church, Inc. v. SaundersNew York Court of Appeals · 1941
- Chiasson v. New York City Departmment of Consumer AffairsNew York Supreme Court · 1986
3Cited by4 opinions
- Ten's Cabaret, Inc. v. City of New YorkCivil Court of the City of New York · 2003
- Dawson v. Village of Spring ValleyNew York Supreme Court · 1991
- Festa v. New York City Department of Consumer AffairsNew York Supreme Court · 2006
- People v. CaroLine's For Comedy, Inc.Criminal Court of the City of New York · 1988