THE COUNCIL Minutes of the Proceedings for the STATED MEETING of Tuesday, October 31, 2017, 2:11 p.m. The Public Advocate (Ms. James) Acting President Pro Tempore and Presiding Officer Council Members Melissa Mark-Viverito, Speaker Inez D. Barron Andy L. King Ydanis A. Rodriguez Joseph C. Borelli Peter A. Koo Deborah L. Rose Margaret S. Chin Karen Koslowitz Helen K. Rosenthal Andrew Cohen Rory I. Lancman Rafael Salamanca, Jr Costa G. Constantinides Bradford S. Lander Ritchie J. Torres Robert E. Cornegy, Jr Stephen T. Levin Mark Treyger Chaim M. Deutsch Mark Levine Eric A. Ulrich Daniel Dromm Alan N. Maisel James Vacca Rafael L. Espinal, Jr Steven Matteo Paul A. Vallone Mathieu Eugene Darlene Mealy James G. Van Bramer Daniel R. Garodnick Carlos Menchaca Jumaane D. Williams Vincent J. Gentile Rosie Mendez Vanessa L. Gibson I. Daneek Miller David G. Greenfield Annabel Palma Barry S. Grodenchik Bill Perkins Corey D. Johnson Antonio Reynoso Ben Kallos Donovan J. Richards Absent: Council Member Cabrera, Crowley, Ferreras-Copeland. Maternity Leave: Council Member Cumbo. There is presently a vacant seat on the Council pending the swearing in of the certified winner of the November 8, 2017 General Election for the 28th Council District in Queens. The Public Advocate (Ms. James) assumed the chair as the Acting President Pro Tempore and Acting Presiding Officer for these proceedings. 3596 October 31, 2017 After consulting with the City Clerk and Clerk of the Council (Mr. McSweeney), the presence of a quorum was announced by the Public Advocate (Ms. James). There were 46 Council Members marked present at this Stated Meeting held in the Council Chambers of City Hall, New York, N.Y. INVOCATION The Invocation was delivered by Pastor Sharmine F. Byrd Sr., Pastor Greater Mt. Carmel Cathedral & Worship Center, 1585 Fulton Street, Brooklyn, N.Y. 11213. Gracious God and Creator of all things, we come before you to thank you for allowing us to see a brand new day. We thank you for us being in good spirits and having sound mind; now we ask that those who are chosen to lead be granted fortitude, strength, knowledge, and wisdom. We ask for abundant blessings upon and for our Council Speaker Melissa Mark-Viverito and our Public Advocate Letitia James. We ask your hand of protection over us as we move and travel this day. We ask that you hear, accept, and grant these petitions as we say Amen. Council Member Cornegy moved to spread the Invocation in full upon the record. ADOPTION OF MINUTES Council Member Borelli moved that the Minutes of the Stated Meeting of September 7, 2017 be adopted as printed. LAND USE CALL-UPS M-558 By the Chair of the Land Use Committee Council Member Greenfield: Pursuant to Rule 11.20(c) of the Council Rules and Section 197-d(b)(3) of the New York City Charter, the Council hereby resolves that the actions of the City Planning Commission on Uniform Land Use Review Procedure application no. C 170447 ZSX, related to applications N 170446 ZRX, and C 170445 ZMX, shall be subject to Council review. Coupled on Call-Up Vote. 3597 October 31, 2017 M-559 By the Chair of the Land Use Committee Council Member Greenfield: Pursuant to Rule 11.20(c) of the Council Rules and Section 197-d(b)(3) of the New York City Charter, the Council hereby resolves that the actions of the City Planning Commission on Uniform Land Use Review Procedure application no. C 170444 ZSM, related to applications N 170443 ZRM, and N 170442 ZMM, shall be subject to Council review. Coupled on Call-Up Vote. M-560 By the Chair of the Land Use Committee Council Member Greenfield: Pursuant to Rule 11.20(c) of the Council Rules and Section 197-d(b)(3) of the New York City Charter, the Council hereby resolves that the actions of the City Planning Commission on Uniform Land Use Review Procedure application nos. C 170418 ZSK, C 170419 ZSK, and C 170420 PPK related to applications C 170416 ZMK and N 170417 ZRK, shall be subject to Council review. Coupled on Call-Up Vote. The Public Advocate (Ms. James) put the question whether the Council would agree with and adopt such motions which were decided in the affirmative by the following vote: Affirmative – Barron, Borelli, Chin, Cohen, Constantinides, Cornegy, Deutsch, Dromm, Espinal, Eugene, Garodnick, Gentile, Gibson, Greenfield, Grodenchik, Johnson, Kallos, King, Koo, Koslowitz, Lancman, Lander, Levin, Levine, Maisel, Mealy, Menchaca, Mendez, Miller, Palma, Perkins, Reynoso, Richards, Rodriguez, Rose, Rosenthal, Salamanca, Torres, Treyger, Ulrich, Vacca, Vallone, Williams, Matteo, Van Bramer, and the Speaker (Council Member Mark-Viverito) – 46. At this point, the Public Advocate (Ms. James) declared the aforementioned items adopted and referred these items to the Committee on Land Use and to the appropriate Land Use subcommittee. 3598 October 31, 2017 REPORTS OF STANDING COMMITTEES Report of the Committee on Consumer Affairs Report for Int. No. 1652-A Report of the Committee on Consumer Affairs in favor of approving and adopting, as amended, a Local Law to amend the administrative code of the city of New York, in relation to security cameras and security guards at certain eating or drinking establishments and repealing subchapter 20 of title 20 of such code, relating to licensing public dance halls, cabarets and catering establishments. The Committee on Consumer Affairs, to which the annexed proposed amended local law was referred on June 21, 2017 (Minutes, page 2208), respectfully REPORTS: I. INTRODUCTION On Monday, October 30th, 2017, the Committee on Consumer Affairs, chaired by Council Member Rafael Espinal will hold a vote on Proposed Introductory Bill Number 1652-A (“Proposed Int. No. 1652-A), A Local Law to amend the administrative code of the city of New York, in relation to security cameras and security guards at certain eating or drinking establishments and repealing subchapter 20 of title 20 of such code, relating to licensing public dance halls, cabarets and catering establishments. The Committee held two previous public hearings on the issue of the Cabaret Law, including an oversight hearing on June 19, 2017, titled “Enforcement of New York City’s Cabaret Law.” As a result of that hearing, Local Law 178 of 2017, in relation to establishing an office of nightlife and a nightlife advisory board, was passed by the Council on August 24, 2017, and signed into law by the Mayor on September 9, 2017. On September 14, 2017, the Committee held its second hearing on the Cabaret Law, where several witnesses representing the Administration, the nightlife industry, advocates, and other interested parties testified on Proposed Int. No. 1652-A. Proposed Int. No. 1652-A represents a continuation of the Committee’s efforts to reform regulation of the nightlife industry. II. BACKGROUND The Cabaret Law was first introduced in 1926, during the Prohibition era, to crack down on establishments run by racketeers. Some academics argue that the law’s true aim was to prevent interracial mingling in Harlem jazz clubs.1 Over the last several decades, the Cabaret Law has diminished as a result of court challenges and legislative updates. In Club Winks v. New York City,2 the New York State Supreme Court ruled that the provisions of the Cabaret Law authorizing the denial or refusal to renew a license based upon a broad listing of criminal convictions and requiring the disclosure of stockholders holding a minimum of ten percent stock interest in a corporation and the source of their money was unconstitutional. In Chiasson v. City of New York3 the State Supreme Court found that the City failed to articulate a legitimate interest in restricting performance of live music to piano, organ, accordion, guitar or any stringed instrument. The Court further invalidated the portion of the Cabaret Law that restricted performance of live music to not more than three musicians.4 Despite the courts striking down several provisions of the Cabaret Law, most of the unconstitutional provisions remain in the text of the law to this day, causing confusion. 1 Paul Chevigny, Gigs: Jazz and the Cabaret Laws in New York City, 2d ed., (2005). 2 (1979) 99 Misc.2d 787, 417 N.Y.S.2d 178. 3 132 Misc.2d 640, 505 N.Y.S.2d 499 (Sup.Ct., N.Y. County 1986) 4 Chiasson v. City of New York, 138 Misc.2d 394, 524 N.Y.S.2d 649 [“Chiasson II”] 3599 October 31, 2017 Notwithstanding several problematic provisions, the courts were not prepared to strike down the Cabaret Law in its entirety due to concerns for public safety. In Festa v. City of New York, 5 the New York State Supreme Court upheld the Cabaret Law, despite its questionable history, recognizing that as it currently stands, “the legitimate purpose of the City's licensing requirements includes the protection of the health and safety of the people of New York City. … [T]he additional burden of verifying compliance is justified where there is risk of injury and loss of life in establishments which offer dancing.”6 Today, the Cabaret Law represents a collection of local laws and zoning laws, rules, and regulations that ensure establishments meet several safety measures, such as installing sprinkler systems, fire alarms and surveillance cameras. As the population of New York City continues to grow, people and businesses are moving into the outer boroughs, resulting in higher demand for bars, restaurants and entertainment spaces. Between 2000 and 2015, business in the city grew, but businesses in the Downtown and Midtown Central Business Districts fell from 39% to 31%. In the City’s gentrifying neighborhoods business grew by 45%.7 Among such establishments is the growing popularity of “do-it-yourself venues” or “DIY venues,” often located in vacant warehouses, office spaces, waterfront parks, and even laundromats.