Busking in NYC: What Is Legal and What Is Illegal?

The A Train was among the artists who performed at the 11th annual New Village Music Festival in Tompkins Square Park on August 29; the blue bin in the forefront was for tips

You are a musician and you want to perform in public, but you do not have a professional gig tonight. You can play in public spaces in New York City and accept voluntary donations. Get your tip bucket, and display your professional handle and your money transfer services (Venmo, CashApp, PayPal). If you do it right, you can earn a fair amount of revenue in just a few hours. You might want to take a look at the city's legal guide first, however.

Claudi of Pinc Louds at la Plaza Cultural Community Garden on August 26

InCircles at Tompkins Square Park on September 10

Unamplified Street Performances: Unamplified musicians can perform legally without a permit on most sidewalks and public spaces. You can play between 9 a.m. and 8 p.m. if you are within 50 feet of a residential building and until 10 p.m. anywhere else. Your chosen performance space must be at least 500 feet from schools, churches, hospitals, and courthouses during operating hours.

Amplified Street Performances: Permits are required for performances using a sound device such as an amplifier, speaker, boombox, megaphone, etc. Apply for a Sound Device Permit at your local police precinct during regular business hours. The cost is $45 per day. Granted, most amplified musicians would rather take their chances with the law and not pay for a permit.

Mat Kastela at Tompkins Square Park on August 26

Sasha Cherney outside Tompkins Square Park on September 10

Performing in or around Public Parks: Whether you are amplified or unamplified, some locations in parks and playgrounds are off limits. First of all, do not use park benches, tables, ping pong tables and other "furniture" for either you or your gear. In areas where a medallion is set into the ground, performers must play directly behind the medallions; these medallions can be found in Battery Park, the Highline, Union Square Park and certain areas of Central Park. Maps of the approved performance locations in these parks are available online in the city’s FAQ sheet for performers.

If your music is amplified, you must apply for a Parks Special Event Permit. Applications must be filed at least three weeks in advance, and will cost $25 for up to a month of performances. You may need to apply for a sound permit through your local police precinct as well. Some musicians say that stating that your performance is a political or religious event increases the likelihood that your application will be approved. Once again, most solo musicians and small combos take their chances and perform without a permit. If you are bringing in a stage and sound system, however, you really need to consider getting that permit.

Rick Fiori in Washington Square Park on September 12

Impromptu jam sessions happen frequently at Washington Square Park

Subways: Musicians can play in subway stations without a permit. Acoustic performances are allowed on subway platforms. Amplified performances must be on subway mezzanines. Musicians are not allowed to play in the subways themselves. Read the MTA's rules of conduct.

Musicians must not block any access, including doors, elevators, escalators, fire extinguishers, stairs and walkways. Stand 25 feet away from booths, 50 feet from offices, and nowhere near  construction areas. Musicians must keep the music under 85 dBA and allow people to hear loudspeaker announcements. Musicians cannot sell merchandise, including CDs. The fines for violating the MTA rules can be costly.

For a choice high-traffic spot on subway mezzanines and commuter terminals like Times Square and Grand Central Station, many subway performers apply to Music Under New York (MUNY), a program of the Metropolitan Transportation Authority (MTA) that coordinates schedules and prime locations for MUNY members. Applications are available on the MUNY website from January through March, and are due by mid-March along with a sample of your music and a biography. If you pass the MTA's initial selection process, you will be invited to a live five-minute audition. If the MTA approves your application, your membership lasts a lifetime, and you will get customized MUNY banners to display during your performances, guaranteed time slots, and invitations to perform at special events.

Jake Plays Tunes at a mezzanine at the Union Square subway station on August 21

Staten Island Ferry Terminals: Performers need to apply for a Ferry Terminal Performance Permit online in order to sing, dance or play instruments at Staten Island Ferry terminals. You can get these gigs by applying and auditioning with the Metropolitan Transportation Authority (MTA) Music Under New York (MUNY) program. If you are approved, the Department of Transportation will issue you a permit. Musicians are not allowed to play on ferry boats.

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The Manhattan Beat covers New York City's live music developments as they happen. All photographs are by Everynight Charley Crespo, except when noted otherwise. For a list of Manhattan venues that are presenting live music regularly, swing the desktop cursor to the right and click on the pop-up tab "Where to Find Live Music." For a listing of upcoming concerts for live audiences, visit The Manhattan Beat's September 2021 calendar.