For nearly a decade The Boathouse has been allowed to provide live, outdoor music during the summer season, but this year, the bar-restaurant claims, Village of Ossining officials have stalled approval of a seasonal cabaret license.
Up the River Restaurants Inc., the owner of The Boathouse, petitioned Westchester Supreme Court on Aug. 4 to compel the village to expedite the licensing process for the remaining weeks of the season.
“The Village Board of Trustees has provided no evidence the restaurant premises does not comply with all laws,” the petition states, “nor has it asserted a good-faith belief of any violation.”
“We believe the allegations to be without merit,” village corporate attorney Stuart E. Kahan stated in reply to an email asking for Ossining’s side of the story.
Up the River is owned by Vitale Polidoro and Scott London, according to its 2007 state liquor license application, and The Boathouse leases the premises on Westerly Road from the Shattemuc Yacht Club.
Beginning in 2014, it has operated an outdoor bar from May to October, offering panoramic views of the Hudson River, food, dancing, and often live music.
This year The Boathouse booked live acts for ten dates, ranging from the Worla Roots reggae band to the Steel Passion 12-piece steel drum band.
Ossining requires a cabaret license for businesses that sell refreshments and provide entertainment, the petition states. The village clerk is the licensing officer. The police chief has one week to review the application and submit written findings to the board of trustees.
The trustees may deny a cabaret license, Up the River says, only if the applicant is not a U.S. citizen of good moral character, if the applicant has been convicted in the past year for violating laws relating to liquor, public morality and decency, or if the premises does not comply with state and village laws.
The company applied for a cabaret license on March 20, and more than 120 have passed, the petition states, without any action being taken.
Long after the application should have been granted, or at least considered, Up the River claims, the village attorney asked for evidence that the liquor license permits live music.
The liquor license does not include that information, according to the petition, and the village code does not require an applicant to provide the information.
The owners are U.S. citizens and have not been convicted of violating liquor laws or public morality or decency laws, the petition states, and there are no violations of record against the restaurant premises.
Victoria L. Polidoro, The Boathouse’s attorney, states in a court document that the village has threatened to report any purported violations of the cabaret law to the state liquor authority, which could cause long-term consequences to the owners.
The inability to provide live music, she said, reduces the number of customers and the sale of food and beverages during the outdoor season.
Up the River is asking the court to declare that the village has deprived it of due process of law and acted arbitrarily and capriciously; declare that state liquor laws preempt the village cabaret permit; or order the village to issue the cabaret license.
