Larkin Hi-Fi, a bar that has come under scrutiny because of the city’s cabaret laws. (Courtesy: Aaron Wilson)
In the summer of 2024, Larkin Hi-Fi, a new bar on Lark Street in Albany, became a popular spot for DJ shows. But during one Friday night performance, a code enforcer shut it down: Larkin Hi-Fi didn’t have a cabaret license to play live music.
Co-owner Aaron Wilson said he refused to close — arguing that one person playing from their own sound system didn’t count as live music —but the enforcer had a short reply: “I don’t care.”
The next time, the enforcer returned with five police officers. The party was over.
Before the crackdown, DJ nights brought in around $3,000. Without them, the bar is making half the revenue. Only a little over a year since its opening, Wilson says the bar will likely have to close.
Enacted in 2012, Albany’s cabaret laws require a permit for businesses with live music. The legislation is meant to “promote public health, safety and general welfare.” The permit, however, is notoriously difficult to obtain.
A license needs to be approved by five city departments, all members of the Albany Common Council, the Business Improvement District, and neighborhood associations in the area. Businesses must reapply each year and pay $150 to $300 in fees.
Wilson did not apply for a cabaret license when Larkin Hi-Fi opened, assuming a DJ setup didn’t count as live music. But after repeated shutdowns, he filed the paperwork.
Despite having hired a lawyer and attended five council meetings, the permit has yet to be granted.
After many of his constituents complained their businesses were struggling, Council Representative Jack Flynn tried to repeal the laws, but has so far been unsuccessful.
At the same time, Council Representative Richard Conti has introduced a proposal that would streamline the permit process by extending the license duration to three years and reducing the fee to a one-time, $250 payment. Also, approval would be entrusted to the city clerk, the police chief and the chief building official.
This proposal could be brought to a vote in early November.
Other establishments have faced similar problems. Dive Bar, also on Lark Street, has been waiting months for its license. At a meeting in April, some residents expressed their opposition to granting it.
“To have another establishment so close to us is just going to make that whole area unlivable,” Lark Street resident Richard Nagengast said at the meeting.
Asked about Dive’s license, owner August Rosa told Columbia News Service that he was “unsure,” calling the whole process “dumb.”
“We used to have a lot of music in Albany and now we don’t,” said longtime DJ Mike Kohn.
Known locally as DJ Sid, Kohn says he used to play four or five nights a week, and is now down to two or three. He believes the cabaret laws have been used to target Black-owned businesses. Conti’s proposal wouldn’t fix that, in his view.
“The whole thing is like smoke and mirrors,” said Kohn. “The city still has the power to close a place down if they don’t like you. And that’s the part you have to get rid of.”
Kohn recalls the early days of the law, when a bar owner told him to stop playing “Black people music.” According to Kohn, the owner was worried that the city would revoke his license if the bar attracted the “wrong crowd.”
Flynn is also critical of Conti’s proposal. He suggests inserting a noise ordinance into the bill, specifying a limit for decibels, and doing away with subjective considerations.
Conti argues his plan requires a detailed explanation if a license is denied. “It’s not an arbitrary decision, it’s not a popularity decision,” he said.
Some residents say that the cabaret laws have turned Lark Street from a lively and vibrant downtown street into a ghost town.
“Our nightlife has gone down, we used to have thriving bars,” Flynn said “Now there’s nothing. Where can you go dancing in the city of Albany?”
“It’s like, we’re in some f — king Footloose movie or some bulls — t,” said Dan Maddalone, a musician and music producer in Albany. “They’ve outlawed rock and roll.”
About the author(s)
Claudia is a Stabile Investigative Fellow at Columbia Journalism School.