Latest proposed changes to Albany's cabaret laws

ALBANY, N.Y. (NEWS10) – Albany Common Council members received a new draft of an ordinance that amends the city’s cabaret laws. The latest version repeals what business owners called a restrictive application process, and it sets standards for noise and outlines enforcement.

On Tuesday, business owners gathered in the council chambers where a Planning, Economic Development and Land Use meeting took place to discuss the proposed changes to Albany’s cabaret laws.

“With the changes that we made in this draft, we are making entertainment a right. So venues, places of business, will have the right to be able to provide entertainment as an accessory to their business,” said Sergio Adams, Albany Common Council Member (Ward 7).

The latest draft introduced by Adams and Council Member Jack Flynn  (Ward 8) eliminates the lengthy cabaret license application process that requires approvals from seven city departments. 

“The time it took from when a business applied for the cabaret license, and me and Sergio realized it’s too long of a process. So that was the first intent of the legislation,” said Flynn.

In the latest version “Cabaret” is replaced by “Accessory Entertainment”, which is defined as any room, place or space in which any entertainment is provided, where such entertainment is not the primary purpose of the establishment.

It defines a “Standard for Sound” that outlines the level or intensity of noise, duration of noise, ambient noise, time of day, and mitigation strategies employed to lessen noise. 

It specifies the Albany Police Department in coordination with the Department of Building and Regulatory Compliance would enforce accessory entertainment rules.

The Department of Neighborhood and Community Services is listed as the entity in charge of handling public complaints. 

A Stop Work Order will be issued to any business in violation of the “Standard for Sound” and they will be entitled to a hearing before the Board of Zoning Appeals, at which point the order can be reduced to a warning. Accessory entertainment will not be permitted on any premises that accumulate four or more Stop Work Orders.

Adams said it’s not just night clubs, bars and taverns that are subjected to the cabaret licensing process right now. He said other businesses that use entertainment as an accessory have also been strung along in the process, like tattoo parlors.

“I wanted to make sure that we addressed that within this legislation to make sure that again we are not holding up business for people and they’re able to move forward with their plans as they see,” said Adams. 

Patrick Noonan is the chairman of the Lark Street Business Improvement District and said the bureaucracy is prohibiting growth.

“The more attention that this gets, the more attention that there is no resolution to this cabaret licensing, the more potential investors are scared of coming into Albany. They’re going to go to Troy. They’re going to go to Schenectady. That doesn’t help Lark Street. It doesn’t help the city of Albany so this needs to be resolved as soon as possible. And it needs to have some clarity moving forward,” said Noonan.

Former Albany Common Council member Richard Conti voted in favor of the cabaret licensing process over 12 years ago. 

“The problem at the time was there was no process in place to allow establishments to host musical entertainment,” said Conti, who agreed it’s time for the city’s cabaret laws to change but wants to see the application process streamlined and not done away with entirely.

Many critics of the latest draft want more stringent outlines that are enforceable, such as outlining decibels and time frames guiding how businesses operate.

“We did not include that to make sure that this legislation here was not more confusing, not more restrictive and we weren’t being redundant in legislation,” said Adams.

Adams wants to address the noise ordinance next. 

“We’ve been getting a lot of feedback from the community, which is great. Feedback from the common council members, which is great. Now we’re trying to take all of that information and put it into a new, another draft,” said Flynn.

Both council members who introduced the ordinance said it’s tough finding a balance between business owners and the residents. But Adams said he’s hoping to get this version passed by January.