The convoluted licensing process required for city venues to host live music may soon be a thing of the past
ALBANY—Common Council member Jack Flynn said he’s getting close to getting the support he needs to repeal a controversial law requiring businesses owners who host live performances to apply for a cabaret license.
“I’m pretty sure I got seven votes to repeal it,” said Flynn, who is co-sponsoring the repeal legislation alongside Council member Sergio Adams. “And as soon as we get eight votes, I’ll bring it to the floor.”
Eight votes represent a majority within the Common Council and are enough to pass the repeal. Flynn said he hopes to bring the vote to the floor by early November.
The licensing law, which was imposed in 2012, has generated criticism from many Albany business owners as being costly. They also argue the application
Cabaret license law close to repeal
process is lengthy and unnecessary.
The cost of an annual cabaret license can vary between $150 to $500 per year depending on the capacity of the venue, with additional charges if there is more than one room in the establishment used for live entertainment. Temporary licenses costing $50-$100 per performance are an option for venues that plan on holding only one or two performances per year, and non-profit establishments can hold up to 10 performances for $25-$50 each.
If a business tries to operate live performances without a license, the fines can reach up to $1,000 per day.
In addition to the fees, the application for a license must be reviewed by nine separate city agencies or groups, including the Police, Fire, and Planning Departments, as well as the City Clerk and the Division of Buildings and Regulatory Compliance.
“The same outcome could already be effectively achieved through other existing regulations,” said Albany Restaurant Association President Jason Pierce. “Sound ordinances already exist. Inspections are already required to open any business. Fire department inspections are already required before a certificate of occupancy can be issued.”
Pierce and others blame the need for a license on stymying night life in the city. The lack of nightlife in Albany was highlighted last spring, when the city was hosting part of the NCAA D1 Women’s Basketball Tournament. After one of the games, ESPN commentator Rebecca Lobo said live on air “good luck finding something to do in Albany.”
Although these remarks proved controversial, there were certainly people that agreed with her analysis, including Flynn.
“People came out of that game, and there was nothing!” Flynn said. “I would have had a band on Pearl Street coming out of that game. We had 10,000 people. Imagine coming out of that game with Caitlin Clark and there was a street blocked off and a block party. That’s what I would have done.”
Flynn said that he had been considering repealing the law for around a year and a half; however, Lobo’s comment convinced him that it was time to move ahead with those plans.
“This came about a year and a half ago by somebody who was affected financially by the cabaret law on Lark Street, and when [Lobo’s] comment came out that’s when I said we are definitely moving forward towards it.”
Flynn and co-sponsor Adams sought to begin repeal efforts in mid June.
“The support behind this legislation truly comes from the small business owners that we have here in the city, from the venue owner to the local DJ all the way down to the security guard that protects the venue,” Adams said.
If the law does get repealed, Pierce said “It
would support local business, enhance the city’s appeal, and align with contemporary practices that prioritize growth and community engagement.”
Until then however, the cabaret law will continue to be a thorn in the sides of business owners.
“For as long as I can remember, a cabaret license or lack thereof a cabaret license has been a death sentence,” said Craig Earle, who is the general manager of the Fuze Box on Central Ave. “Usually after the loss of a cabaret license… there is a loss of the business as a whole.”
