The entertainment licensing regulations as set forth in this
article are designed to permit live entertainment in establishments
where it is deemed appropriate and to promote and protect the public
health, safety and general welfare.
As used in this article, the following terms shall have the
meanings indicated:
CABARET
Any room, place or space in the City in which any musical
entertainment, singing, dancing or other form of entertainment is
permitted in connection with a catering establishment, tavern or restaurant
business or an establishment directly or indirectly selling to the
public food or drink, except eating or drinking places which provide
incidental musical entertainment performed by fewer than three people
with no amplification, or through a central audio system, including
the use of a jukebox. Cabaret shall also include:
A.
A membership corporation, club, association or society which
permits musical entertainment, singing, dancing or other form of entertainment
in premises wherein food or drink is directly or indirectly sold to
its members, or their guests, or to the public;
B.
A premises owned or occupied by a religious or educational institution
which permits musical entertainment, singing, dancing or other forms
of entertainment in said premises that do not coincide with a religious
or educational service or do not arise directly from the eleemosynary
purposes of such institution; or
C.
A ship, boat or barge moored or tied to a dock, pier or shore
and which contains a cabaret in use while so moored or tied.
CATERING ESTABLISHMENT
Any room, place or space in the City which is used, leased
or hired out in the business of serving food or beverages for a particular
function, occasion or event, to which the public is not invited or
admitted and wherein music or entertainment is permitted.
EMPLOYEE
A person employed in any capacity or title in connection
with a cabaret, including the licensee and any and all persons responsible
for the control or management thereof. It shall also include a concessionaire
and each person employed by such concessionaire.
ENTERTAINMENT
Dancing, a disc jockey (DJ), karaoke machine or live music
that is amplified and/or performed by three or more people.
PERSON
An individual, corporation, club, partnership, association,
society or any other organized group of persons, and shall include
officers, directors and trustees of a corporation, club, association
or society.
RESTAURANT
Shall have the same meaning as that contained in Chapter
375 of this Code.
[Amended 5-15-2017 by Ord. No. 26.31.17]
TAVERN
Shall have the same meaning as that contained in Chapter
375 of this Code.
[Amended 5-15-2017 by Ord. No. 26.31.17]
Notwithstanding any inconsistent provision of this Code, or
any prior decision or authorization issued hereunder, it shall be
unlawful for any person to conduct, maintain or operate, or engage
in the business of conducting, maintaining or operating, a cabaret
unless the premises wherein the same is conducted, maintained or operated
are licensed in the manner prescribed herein.
This article shall not apply to premises:
A. Owned, occupied and used exclusively by religious or educational
institutions, which shall be exempt from this article, unless and
until said premises permit musical entertainment, singing, dancing
or other forms of amusement in said premises that do not coincide
with religious or educational services or do not arise directly from
the eleemosynary purposes of such institutions.
B. Operated by the State of New York or its political subdivisions.
The City Clerk shall forward a copy of every new application
or renewal application of a license, within five days of receiving
it, to all Common Council Members. Members may provide the City Clerk
with any information or comments regarding the proposed applicant
within 30 days of the receipt of a copy of such application. The City
Clerk shall forward the decision regarding the issuance of a license
to all Common Council Members within five days of that determination.
[Amended 5-15-2017 by Ord. No. 26.31.17]
Within 30 days of the determination by the City Clerk regarding the issuance or renewal of a license, the applicant, any of the City departments listed §
111-69C(1) and/or a member of the Common Council may file an appeal of the decision with the Board of Zoning Appeals pursuant to Chapter
375 of the Code of the City of Albany. The Board of Zoning Appeals shall conduct a de novo review of the determination of the City Clerk.
Licensees who are convicted or otherwise found liable for violation
of any of the provisions of this article that would constitute grounds
for subjecting such licensee to the denial of the issuance or renewal
of a license shall within 10 days of such conviction or finding, report
such conviction or finding to the City Clerk in a form and manner
and containing such information as shall be provided by rule of the
City Clerk.
The cabaret owner, or its designee, shall be provided with written
notice via certified mail of the intent to revoke or suspend the license.
Within 10 days of the notice provided in §
111-76, the cabaret, or its designee, may request a hearing on the matter by sending a written request via certified mail to the City Clerk. The hearing shall be conducted within 30 days of the request. The City Clerk shall notify the City departments listed §
111-69C(1), all members of the Common Council and the Business Improvement District and neighborhood association in whose area the property is located, if such an entity exists of the scheduled hearing date. The City Clerk shall render and file a decision within 30 days of the date of the hearing.
[Amended 5-15-2017 by Ord. No. 26.31.17]
Within 30 days of a determination by the City Clerk as a result of a hearing pursuant to §
111-77, the cabaret or catering establishment owner, or its designee, any of the City departments listed §
111-69C(1) and/or a member of the Common Council may file an appeal of the decision with the Board of Zoning Appeals pursuant to Chapter
375 of the Code of the City of Albany.
Each license issued hereunder shall be kept posted at the main
entrance of every place licensed hereunder.
No license issued under the provisions of this article shall
be transferred or assigned to any person, or used by any person other
than the licensee to whom it was issued, nor shall such license be
used on any location other than the location stated in such license.
If, during the term of the licensing period, one or more directors,
stockholders or officers of a corporate license are substituted or
added, such substituted or added directors, stockholders or officers
shall, within five days of such substitution or addition, file with
the City Clerk an application for an approval of the change of directors,
stockholders or officers on such forms as are prescribed by the City
Clerk. A waiver of this provision may be granted in the discretion
of the City Clerk to any corporation with regard to stockholders holding
less than 10% of the issued stock.
Any individual or business that operates a cabaret or catering
establishment without securing the license established by this article
shall be subject to a fine of not less than $300 and not more than
$1,000. Each day in violation of this article shall constitute a new
offense.
This article shall not restrict the enforcement powers of the
City Clerk, Police Department, Fire Department or Division of Buildings
and Regulatory Compliance, found in this City Code or authorized by
other local, state or federal law. Should a violation of the above
occur, an authorized license may be revoked by the City Clerk, Chief
of Police, Fire Chief or Director of the Division of Buildings and
Regulatory Compliance, or their designees, at any time before or during
the licensed activity. The application fee will be forfeited.