CABARET (073)

License Application Checklist

DCA Licensing Center
42 Broadway, 5th Floor
New York, NY 10004
For more information, call 311.

Any room, place or space in the city in which patron dancing is permitted in connection with the restaurant business or a business that sells food and/or beverages to the public requires a Cabaret license. Note: This is only a general explanation of the rules regarding Cabaret licenses. You may not operate a cabaret without a license. Licensees are required to comply with all relevant laws and rules, including the Consumer Protection Law. To get a copy of the actual law explaining whether or not you need a license for this category, call 311 or come in person to the DCA Licensing Center in Manhattan at the address above.

Below are the requirements for obtaining a Cabaret license. All required documents must be submitted when filing your application. Applications must be filed in person at the DCA Licensing Center at the address above between 9:00 a.m. and 5:00 p.m. on Monday, Tuesday, Thursday and Friday, and on Wednesday from 9:00 a.m. to 5:30 p.m.

To receive a Cabaret license, you must first request a Fire Department inspection of your premises (unless you have a current Department of Buildings Place of Assembly Permit - see below). To arrange an FDNY inspection, submit the following application to the Department of Consumer Affairs, Special Applications Unit, 42 Broadway, 5th Floor, in Manhattan:

• Application for inspection/recommendation (download).

If the inspection results are positive, you will be notified and permitted to submit your application within 60 days of receiving such notice.  If you fail to submit your application within the 60-day period, the inspection process must be repeated.

If the inspection results are negative, you will receive notice of the Fire Department's objections. You will then be responsible for taking corrective measures to address such objections.

Please note that the Community Board where your business is located has 45 calendar days to respond with a recommendation.

AN ELECTRICAL INSPECTION IS ALSO REQUIRED. In lieu of a Department of Buildings electrical inspection, DCA will accept a notarized statement from a licensed electrician on the electrician's letterhead, stating that the premise complies with all current electrical building codes. If you submit a current Certificate of Occupancy issued by the Department of Buildings within three months of the application date, the notarized statement from a licensed electrician is not necessary. However, if a temporary Certificate of Occupancy is submitted, the statement from the licensed electrician is required.

If you pass inspection, submit the following documents in person to the Special Applications Unit at DCA (address above). To speed processing, please submit documents in the order listed below.

• Basic License Application (download).

*ATTENTION NEW LICENSE APPLICANT: Learn how to fill out the DCA's new online application form.

• For Sole Proprietorships, submit a notarized copy of your Business Certificate, certified as a true and accurate copy by the County Clerk of the borough in which your business is located. The address appearing on your Business Certificate must be identical to the address for which you are seeking a license. If you are a sole proprietor doing business under your own name, and not a trade or Doing Business As (DBA) name, you do not need a Business Certificate.

• For Partnerships, submit a notarized copy of your Partnership Certificate, certified as a true and accurate copy by the County Clerk of the borough in which your business is located. The address appearing on your Partnership Certificate must be identical to the address for which you are seeking a license.

• For Corporations, submit a stamped Certificate of Incorporation or a filing receipt. If applicable, you must also submit your corporation's Assumed Name Certificate. These certificates must be stamped by the New York State Secretary of State. For more information, contact the New York State Departmemt of State, Division of Corporations, at 41 State Street, Albany, NY 12231 or call (518) 473-2492. If your business is an out-of-state corporation, you must obtain a Certificate of Doing Business in Good Standing from your home state's Secretary of State and file this with an application for Authority to Conduct Business in New York with the New York State Secretary of State. A filing receipt from the New York State Secretary of State will be accepted as proof.

• Sales Tax Identification Number. Enter the Sales Tax Identification Number (9-digit number) on your New York State Department of Taxation and Finance Certificate of Authority on the license application form. Applications for a Certificate of Authority are available at the DCA Licensing Center; the Department of Taxation and Finance's Metropolitan District Office, 55 Hanson Place, Brooklyn, NY 11217; or by calling (800) 462-8100. In addition to the tax form, you can ask for publication 750 (A Guide to Sales Tax in New York State). Allow four to six weeks after applying to the New York State Department of Taxation and Finance to receive your Certificate of Authority.

• Photo ID of the person submitting the application. Acceptable identification includes:

• a driver's license or a non-driver's ID issued by a State Department of Motor Vehicles
• a passport
• an alien card/green card
• a license or permit issued by a government agency
• if applicant is a city, state or federal employee, an employee identification card

Note: If this application will be filed by someone other than an owner, partner or corporate officer, the person filing the application must submit an original, notarized Affidavit Granting Authority to Act (download) together with one of the above acceptable forms of ID.

• Environmental Control Board Clearance. The Department of Consumer Affairs will review the Environmental Control Board's (ECB) records to see if you have any outstanding violations. If you are found to have outstanding fines or violations, you can submit full payment for all fines at the Licensing Center and we will forward such payment to ECB. If you wish to dispute ECB's records, you can go to the ECB at 66 John Street, 10th floor, in Manhattan to settle these fines or violations and to obtain a clearance letter.

• A copy of a current Place of Assembly Permit from the Department of Buildings must be obtained if total capacity exceeds 74 persons. The permit must indicate the usage for which a license is sought. The permit must not be altered or defaced in any way. The Fire Department will inspect your premises if you do not have this permit. If the Fire Department inspection is positive, the Place of Assembly Permit does not have to be submitted.

• Certificate of Occupancy for proper usage, which has been stamped by the Buildings Department within the past two years. The Certificate must show the approval for "Use Group 12" and "Cabaret" or "Eating and Drinking establishment without restriction on entertainment."

• Current Food Service Establishment Permit. This permit can be applied for at the DCA Licensing Center, 42 Broadway, 5th floor. You must submit a photocopy or a receipt if you already have a Food Service Establishment permit.

• Notarized Affidavit of Security Personnel Background Check (download ).

• If you are a SOLE PROPRIETORSHIP or a PARTNERSHIP, the proprietor and each partner must submit a Notarized Child Support Certification form (download ).

• License Fee. Must be paid by check or money order payable to NYC Department of Consumer Affairs. The chart below lists the amount due depending upon when your license application is filed. Note: An odd year is any year ending in an odd digit; for example, 2005, 2007, etc. An even year is any year ending in an even digit; for example, 2006, 2008, etc.