People v. Soto

The defendant demurs to the charge that he permitted topless entertainment in his cabaret in violation of a regulation of the New York City Department of Consumer Affairs.

The issue presented is whether a regulation of a municipal agency can legally bar such a performance in view of a State law permitting it in the absence of a local law to the contrary.

A “ cabaret ” is a place in which musical entertainment, singing, dancing or other form of amusement are permitted in connection with a restaurant business, subject to certain exceptions not relevant to the case at bar. (Administrative Code of…