Local business wants repeal of entertainment regulations

ALBANY, N.Y. (NEWS10) – A new push is underway to revitalize Albany's nightlife and an Albany Common Council member said it starts with changes to the city's cabaret licensing law. But reaching a happy medium between a lively downtown and a noisy downtown isn't easy.

A local business owner on Lark Street said the area has been an entertainment district and he wants to see lively nightlife return to the area. 

That’s why Larkin Hi-Fi Owner Nicholas Warchol said the city should repeal the cabaret law. His business was negatively impacted by the law over the weekend.

Warchol said DJ’ing is not a crime. However, the City of Albany sees it as a code violation. 

Larkin Hi-Fi was effectively shut down Friday evening, when the codes department instructed the establishment to shut off its music because they are not in possession of a cabaret license.

“The law needs to be repealed. It’s an anti-business. it’s just complete government overreach, and it just needs to go. Despite the fact that I feel the law doesn’t even apply to me. The fact that the law is poorly written and vague makes it so that I’m dealing with it either way,” said Warchol.

Shutting off the music on Friday night resulted in the business losing roughly $1,000 in revenue, Warchol said. Attorneys he’s consulted with said because his music plays on a central audio system the law does not apply to him. 

But the city sees it differently. Code enforcement and the police department showed up to Larkin Hi-Fi, again, on Saturday evening. However, the music stayed on that night.

“They’re trying to find a gray area in it, but I think that the law is poorly written and it’s vague probably on purpose so they can choose when they want to enforce it when they don’t want to enforce it based on bias,” said Warchol.

He said the way the law currently stands it’s doing one thing. “Creating unnecessary hoops for people to jump through,” said Warchol. “You want people here dancing, you want people here having fun and you want businesses here to be thriving. You don’t want them to be shut down.”

Councilman Sergio Adams said as the law is written right now, it creates these types of murky situations. 

“Legislation sometimes is left flexible to be able to be adaptable for different situations but in this situation and what we’ve been seeing is that this has had a negative effect on nightlife and entertainment, and businesses here in the city of Albany,” said Adams.

In order to have live entertainment, including DJs, business owners have to be approved by many decision makers and city departments.

“If a business owner wants to apply for the license, they’re going through seven. In this draft that we are working on we want to take that out. Either remove it period or just have one designated department that this is going through,” said Adams.

The cabaret licensing process requires approvals from the Planning Department, Albany Police Department, Albany Fire Department, Division of Buildings and Regulatory Compliance, Law Department, all common council members, as well as any area business improvement districts or neighborhood associations.

Adams wants to streamline and shorten the processing time, with one goal in mind.

“I want to see more businesses open. I want to see more diversity. I want to see more options for residents of all ages. Whether you’re a senior 50+ looking for something to do on a Saturday night. Or you’re a 35 year-old who is looking for a nice sophisticated place to enjoy listening to some music. Or if you’re a college student here, we want something for everyone to enjoy,” said Adams.

He and councilman Jack Flynn want to change that lengthy process to make it easier for businesses to play music.

“We need to allow business owners to be business owners. We need to take city hall out of the businesses. And again if there is an issue there with the cabaret license, we should notify the business owner, allow him to come down to city hall and deal with his situation with someone there. Not out in person while the business is operating,” said Adams.

Warchol agreed. “You want the local government, you want codes, to act like liaisons to help businesses open,” said Warchol. “And they should say, ‘OK you’re not up to code. How can we get you up to code? How can we help you?’ Instead of coming in here and trying to shut you down.”

Adams encourages the community to show up to the next planning committee meeting in October to join in on the conversation.

The city did not respond to requests for comment on the matter.