Correct me if I’m wrong, but I believe the laws around that only stop bars from allowing alcohol to be consumed on the patio after 11:00 PM. I don’t know that the law prevents bar patrons from congregating outside at all, though.

People are allowed to stand outside at night if they're not drinking. You can't (and shouldn't be able to) stop them from doing that. Especially if it's private bar property or a public sidewalk.

Good discussion, but does it make sense that outdoor areas have to close by 11, due to noise, and then people can just ignore that and keep standing outside in groups making the same amount of noise until bar closing? That would seem to defeat the noise ordinance that is integral to making this area livable for mixed use and a diverse community including young adults, older adults and families. Private property also doesn't mean individuals or businesses can do whatever they want whenever they want whether they own or rent. Here is the noise ordinance for anyone interested in that piece: https://noisefree.org/wp-content/uploads/2017/12/albany.pdf .

In clarifying with APD, I was told the following: This is about zoning in a mixed use area, related to noise, and outdoor areas must close by 11pm even if customers are not drinking alcohol or an establishment doesn't serve it. Because the businesses exist in an area that is also residential, customers are not to be in outdoor areas after 11:00 PM unless in the normal course of walking by or going in or out of the business, but are not to congregate on the sidewalk or patio/cafe after 11PM or create disturbances. The hours are different in non-residential areas which may be some of the confusion if people are used to being outdoors at bars and restaurant later in differently zoned areas of the City. Here are the codes I was provided related to outdoor patio areas which are in addition to the specific city noise ordinance.

§ 303-7
Standards for issuance of permit.

A.
The Director of Planning shall issue a permit upon a finding that:
(1)
The proposed sidewalk or outdoor cafe will not unreasonably interfere with the pedestrian traffic or use of the City-owned portion of property to be used.
(2)
The applicant has met all other applicable provisions in this chapter and those in the Building Code, the Unified Sustainable Development Ordinance and, if located in an historic district, the Historic Resources Commission Ordinance.[1]
[1]
Editor's Note: See Ch. 133, Building Construction; Ch. 375, Unified Sustainable Development, and Ch. 42, Departments and Commissions, Part 4, Historic Resources Commission.
B.
Notwithstanding the foregoing, the Director of Planning may deny a permit upon a finding that:
(1)
The use of the sidewalk or outdoor cafe has resulted in violations of any applicable rule, regulation, ordinance, local law or statute during the 12 months preceding the application.
(2)
The proposed sidewalk or outdoor cafe will have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking or other matters affecting the public health, safety, welfare or convenience.

§ 303-8
Effect of permit.
A permit holder shall be bound by all applicable rules, regulations, ordinances, local laws and statutes. The permit may be conditioned on modifications or restrictions intended to ensure compliance with the provisions of § 303-7 and the general protection of the health, safety and welfare of the citizenry.
§ 303-9

§ 303-11
Revocation of permit and enforcement.

A.
The Director of Planning, with the assistance of the Department of Buildings and Regulatory Compliance, the Albany Police Department and the Department of Planning and Development, shall be responsible for monitoring and enforcing compliance with the terms of this chapter and applicable rules and regulations.
B.
The Department of Buildings and Regulatory Compliance or Albany Police Department, upon inspection and discovery of a violation of this chapter or other applicable rule, regulation, ordinance, local law or statute, may immediately cause the offending cafe to be cleared of patrons.
C.
The Division of Building and Codes, Albany Police Department or the Department of Development and Planning shall, upon the discovery of a violation of this chapter or other applicable rule, regulation, ordinance, local law or statute, notify the Director of Planning of such violation.
D.
Upon a finding of such violation of this chapter or other applicable rule, regulation, ordinance, local law or statute, or upon other good cause shown, the Director of Planning may revoke a permit or levy penalties pursuant to § 303-20 of this chapter.

§ 303-13
Procedures for Director of Planning and Board.

§ 303-16
Hours of operation.
A.
Residential/mixed-use districts. Sidewalk or Outdoor Cafes located in residential/mixed-use districts shall be open for business not before 8:00 a.m. and shall close by 11:00 p.m.

§ 303-17
Music; lighting; outdoor cooking.
A.
Residential/mixed-use districts. Cafes located in residential/mixed-use districts shall not use music or noise amplification devices, and no music or entertainment of any type is permitted outdoors. Lighting shall be minimal. No outdoor cooking of any type is permitted in sidewalk or outdoor cafes.
Editor's Note: See Ch. 255, Peace and Good Order, Art. V, Unnecessary and Unusual Noises.
§ 303-18

§ 303-19
Clear paths.
[Amended 5-15-2017 by Ord. No. 26.31.17]
For sidewalk cafes using City property for operation, there shall be a minimum of four feet or fifty percent (50%) of the total sidewalk width for clearance, whichever is greater, to provide adequate and unobstructed pedestrian movement, such measurement being made from the outermost point of the cafe to the unobstructed inner edge of the curb, excluding brick or grass carpets, United States mailboxes, fire hydrants, bus shelters, street trees, etc. Where applicable, compliance with the ADA Standards for Accessible Design will be required. The actual amount of clearance space needed will be based upon two (2) factors: the location and the volume of pedestrian traffic. A larger pedestrian right-of-way may be required based on the proposed location and the volume of pedestrian traffic experienced there.

For issues of this nature when the incident is in progress please call the Albany Police Department at 518.438-4000 so we may serve you better.