New NY state law bans ticketed music events at bars: ‘This is devastating’


A new wrinkle in the state’s coronavirus guidelines for bars, restaurants and similar locations in New York State prohibits its offering live music that customers pay separately. It seems to be suddenly in the rules this week.

It does not mean events where patrons buy tickets to see a show. It also appears to ban events with coverage costs. And it prohibits locations from advertising live entertainment.

The rule, posted in Q&A format on the State Liquor Authority website, shows what it calls “incidental” live music in locations that have licenses for it.

“This means that advertisements and / or ticketed shows are not allowed,” the SLA guidelines state. “Music should be incidental to the dining experience and not the draw itself.”

Many bars, restaurants and locations that started planning such events in recent weeks were taken by surprise. News of the new rules made the rounds among musicians and location companies on Tuesday.

“This is devastating,” said Julie Leone, co-owner of The 443 Social Club & Lounge on Burnet Avenue in Syracuse. The 443 had only reopened in recent weeks. “It effectively puts me down again.”

People in the entertainment industry say it is especially frustrating because it seems to come from near.

“It’s absolutely cruel,” said Syracuse musician Colin Aberdeen, who only recently started playing live again. ‘They have ventured the idea that these locations could reopen, and then, randomly and randomly, they take it away. I mean I’m all for security protocols, but they need to make sense. Why would they do that? ‘

Aberdeen and his band Los Blancos recently played a performance on Sunday night on The 443, and had plans for more. These have now been canceled. The 443 is a full-service bar and restaurant, but its business model relies on live music as the attraction.

But many bars and locations depend on special music events, especially on Friday and Saturday nights, to pay the bills.

Leone said she’s going to a non-ticketed event with artist Peg Newell tonight. After that, she turns off the lights.

That means a scheduled Aug. 22 show featuring national touring musician Griffin House has been canceled. It was a ticketed event.

Leone said she spoke to a State Liquor Authority enforcement officer Tuesday and was told the agency could automatically suspend liquor licenses for all locations that were ad shows. This seems to be different from regular enforcement, in which officials physically attempt the locations to check non-compliance.

She spends all morning referring to shows on her social media pages.

“We put a lot of time, effort and money into opening up again,” Leone said. ‘We put in social distance, we do temperature checks that a lot of places don’t do, we’ve set up the seats. And we went open. And now this. It’s just incredibly frustrating. ”

Leone had also just placed a large order for food and beer that arrived Tuesday.

Cuomo and other state officials have said the rules are meant to mix people for extended periods of time to help contain the spread of the virus.

Here is the new language about live music from the SLA website (“manufacturers” refers to cellar and brewery carpets, etc.):

Q: Can I have live entertainment as a DJ in my indoor or outdoor area?

A: Restaurants and others in food and beverage companies licensed by the SLA are only allowed to offer music on location if their license certificate specifically allows such activity (ie, live music, DJ, recording, etc.) . A manufacturer who also holds a license to farm must also ensure that his certificate at licensing locations allows for the specific type of music it offers. A manufacturer without a separate party license may offer music unless its license certificate specifically prohibits such music.

When offering music, indoors or outdoors, all relevant aspects of the respective department of health care services should be followed, e.g. Patterns should not stand, except for necessary reasons (e.g. room, entrance / exit), standing protectors should wear face mask, etc. Performers must be at least 12 feet from patrons.

All other forms of live entertainment, such as exotic dancing, comedies, etc. Are not currently allowed, regardless of phase.

In addition, please note that only occasional music is currently allowed. This means that advertisements and / or ticketed shows are not allowed. Music should be incidental to the dining experience and not the drawing itself.

All other forms of live entertainment, such as exotic dancing, comedies, etc. Are not currently allowed, regardless of phase.

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Don Cazentre writes for NYup.com, syracuse.com and The Post-Standard. Reach out to him [email protected], or follow him at NYup.com, to Twitter of Facebook