Ossining bar blames loss of liquor license on anti-Latino campaign

Sirenita Lounge sports bar in Ossining is claiming that the state improperly revoked its liquor license as part of a campaign by the village to harass Latino bars.

Owner Amauris Collado Martiniz was not notified about a Feb. 1 hearing on alleged liquor law violations, according to a petition filed in Westchester Supreme Court, and did not know his license had been revoked until Feb. 13 when village police officers appeared at the lounge and confiscated the beer, wine and liquor license.

Their motive, Martinez states in an affidavit, was retaliation against him for filing a federal civil rights lawsuit accusing the village of harassing bars that cater to Latin American and Central American patrons.

“While we cannon comment at this time due to pending litigation,” New York State Liquor Authority spokesman William Crowley said in an email, “we will continue to work with local law enforcement to hold licensees accountable.”

The Liquor Authority cancelled the license on Feb. 10 based on alleged liquor law violations last August and September.

Sirenita had become a “focal point for police attention,” according to the cancellation order, because of a sustained pattern of noise, disturbances, misconduct or disorder “that adversely affects the health, welfare, or safety of the inhabitants of the area.

Building code and fire code regulations were allegedly violated and the owner had failed to exercise a high degree of supervision over the business.

Sirenita pled “no contest – default,” according to the liquor authority.

But Sirenita claims it was never given notice of the alleged violations and therefore never entered a plea.

Sirenita’s attorney, Louis F. Chisari, says he also was never given notice of the hearing, even though the Liquor Authority knew he represented the bar and was in discussions with him about a previous case.

Had he been properly informed, Chisari affirmed, he would have attended the Feb. 1 hearing and would have challenged the purported plea.

And instead of mailing the license cancellation to the lounge or using one of its investigators to serve the order, Chisari claims, the liquor agency gave it to the village police department to serve.

And it was the village that investigated Sirenita and instigated the Liquor Authority scrutiny.

Crowley, the Liquor Authority spokesman, said the Ossining police department referred seven charges to the agency on Nov. 16 and the notice of violations was delivered by certified mail on Nov. 22.

Sirenita failed to respond to the charges by a Dec. 7 deadline, he said, automatically resulting in a default and “no contest” plea. The charges were deemed sustained, no hearing was held, and the full board of the Liquor Authority voted unanimously at a regular meeting to cancel the license.

Crowley said the Ossining police department referred 13 more charges to the Liquor Authority on Nov. 21. Sirenita has pled not guilty and a hearing will be scheduled.

Martinez claims that the village is retaliating because of a federal lawsuit filed on Dec. 27.

Atlantic Bar, El Manabita Sports Restaurant, La Isla Del Tesora Bar Restaurant, and Sirenita Lounge alleged that the Village of Ossining used the police department to harass them.

They were repeatedly raided and searched, “without probable cause or legitimate grounds,” purportedly at the request of the Liquor Authority “when in fact no such request was made.”

Sirenita said it was raided 14 times from Oct. 7 to Dec. 7.

The bars claim that the village wants to gentrify their neighborhoods and used unwarranted searches to harass them because they cater to Central American or Latin American patrons.

They accused the village of federal and state civil rights violations and conspiracy and they are demanding unspecified damages.

The village has not formally responded yet to the federal lawsuit.

In the new case, Sirenita is asking Westchester Supreme Court to annul the license revocation, claiming that the Liquor Authority abused its discretion.