Albany appeals board fails to remand 2024 cabaret-license appeal for Larkin Hi Fi

The Albany City Board of Zoning Appeals declined to remand an appeal of the denial of a 2024 cabaret license for Larkin Hi Fi, 199 Lark Street, after a night of public comment and board discussion on Wednesday, March 12.

The appeal challenged the city clerk's 2024 denial, which the Albany Police Department (APD) had recommended. Board members considered testimony from residents, neighborhood association representatives and the applicants during a hearing on project number 00575.

Why it matters: The board's decision leaves the clerk's 2024 ruling intact and does not automatically grant a license for the applicants. Board members repeatedly noted that, regardless of tonight's outcome, the applicants must still submit a 2025 application for consideration.

During public comment, residents described competing experiences living near the venue. "From our bedroom with our windows shut and a fan on, I can hear every word of a DJ...That is new," said Jeremy Bond, who identified himself as living at 355 State Street directly above the Larkin. Bill Pettit, president of the Washington Park Neighborhood Association, told the board the applicants had not reached out to his group to seek a compromise.

Other neighbors voiced support for the business. "This could be the death knell to what is one of the last viable bars on the street. I don't want to see it go," said Julia Bautista, a neighborhood homeowner who lives about 300 feet from the establishment.

The applicants — represented in the hearing by counsel and speaking on their own behalf — said the venue has invested in soundproofing and is willing to limit events. One applicant said events are "integral to the success of the business" and warned, "if we don't get a cabaret license, we're gonna close the bar, for sure." The applicants said they primarily seek to hold amplified entertainment one night a week and that they have spent substantial sums on the location, including "close to a quarter of a million dollars" on renovations and roughly $50,000 on soundproofing, according to statements in the hearing.

Board members discussed the legal standard for reviewing the clerk's denial and noted the statutory scheme gives weight to departmental concurrence. Several members said APD's nonconcurrence was dispositive under the statute unless APD changed its position on reconsideration. The board also discussed the possibility of remanding the file to the city clerk for updated departmental comment and potential conditions (for example, noise mitigation or limited hours), but a motion to remand the application to the clerk for re-review and updated department feedback failed to carry.

A motion to remand — described by a board member as "to the city clerk for a rereview of the decision and the opportunity to get feedback from the departments" — was moved and seconded. The motion did not pass. The board later read aloud a legal interpretation on the record: "The affirmative vote of a majority of all members of the board is not attained on a motion ... to grant variance or reverse any order ... the board appeals to that," reflecting that the remand motion failed to receive the required majority.

Board members and staff clarified that new evidence and departmental responses after the clerk's 2024 denial could be considered as part of a 2025 application, but such material was not part of the record for the 2024 appeal under review.

What happens next: Because the remand motion failed, the 2024 denial remains in the record under review. The applicants were told they may submit a 2025 cabaret-license application and that any new departmental findings or conditions would be evaluated at that time. The board did not adopt new conditions or remand instructions during the meeting.

The meeting record shows competing neighborhood perspectives on noise and the role of nightlife in Center Square. The board's discussion highlighted the narrow role it plays when reviewing an administrative denial and emphasized the separate process for future licensing in 2025.