Albany, NY Noise from Specific Sources: Bar & Nightclub Noise (2026)
Key Facts
- Complaint threshold
- 6+ complaints in 12 months
- Who certifies
- Chief Building Official
- Hearing body
- Board of Zoning Appeals
- Max shutdown
- Up to two years
- Governing code
- City Code Section 375-507(5)
Summary
Six or more noise, drunkenness, or disruptive-behavior complaints against a restaurant, bar, or tavern in twelve months triggers a Board of Zoning Appeals nuisance hearing that can shut the business down or restrict its hours.
Certification of the Chief Building Official that six or more complaints about noise, drunkenness, or disruptive behavior associated with a restaurant, bar, or tavern have been received within a twelve-month period.
(b) Upon such a finding, the use of the property or building shall be terminated for a period of up to two years, or the hours or conditions of operation for any business or activity on the property where the nuisance occurred shall be restricted so as to prevent the nuisance from recurring. The applicant shall be permitted a reasonable time within which to terminate the activity.
(c) If the terminated activity was operating as a legally nonconforming use, the legal nonconforming use status shall be lost by any termination due to a finding of nuisance. If the terminated activity is one that is required to have a conditional use permit in Table 375.302.1 (Permitted Use Table), then the use may not resume before a conditional use permit is obtained.
(d) In addition to the specific provisions in this § 375-507(5), the Board of Zoning Appeals shall retain all powers available to it under this USDO or state law.
(6) Remedies and penalties.
(a) Deny or withhold permits and approvals.
(i)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4873446; v61 updated 2026-03-18; through 03-18-2026).
Full Breakdown
Under Albany's Unified Sustainable Development Ordinance, the Chief Building Official can certify to the Board of Zoning Appeals that a restaurant, bar, or tavern has drawn six or more complaints about noise, drunkenness, or disruptive behavior within a twelve-month period. The Board then holds a public hearing under City Code Section 375-507(5) and can terminate the use for up to two years, or instead restrict its hours and conditions of operation to stop the nuisance from recurring. A business that was a legal nonconforming use loses that status if the Board makes a nuisance finding, and if a conditional use permit was required it cannot reopen without obtaining one.
Violations & Fines
Board of Zoning Appeals can order the bar or restaurant closed for up to two years, or cap its hours and operating conditions, after a public hearing on the nuisance finding.
Frequently Asked Questions
How many complaints does it take to trigger a hearing?
What can the Board of Zoning Appeals do at the hearing?
Does losing the hearing affect the business's zoning status?
Sources & Official References
Other rules in Albany
New York rules heatmap·Compare Albany to another location·View the New York noise from specific sources overview
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