Vineyard 48 will not be open for the long holiday weekend.
The Cutchogue winery brought an Article 78 action in State Supreme Court in Manhattan seeking a stay of the emergency summary suspension issued yesterday by the N.Y. State Liquor Authority board, but withdrew the motion for a stay during a court appearance this afternoon, according to Southold Town Supervisor Scott Russell.
The SLA will hold a full hearing on the license revocation charges Wednesday, Oct. 11 in Mineola.
“It’s a big first step but it’s not over,” Russell said. “The hearing Wednesday will determine if the community has to put up with this anymore.”
Peter Sullivan, attorney for the winery, did not return phone calls seeking comment.
The SLA board ordered the emergency summary suspension yesterday, which took effect immediately, after it received reports from Southold Town Police of an incident on Sept. 30 involving an “estimated 400 disorderly, heavily intoxicated patrons who were pushing, shoving and screaming at one another,” according to the liquor authority. A fight broke out among 15 to 20 patrons requiring the response of six police officers, the state said. Long bathroom lines, some 30 people deep, led to patrons wandering off the premises to urinate and defecate on the properties of neighboring residents, police reported to the SLA.
Earlier that day, police were called by a neighbor complaining of two patrons engaging in sexual acts in view of their backyard bordering the vineyard, according to the liquor authority. Officers found two highly intoxicated trespassers and escorted them off the neighbor’s property. Police investigating the incident observed an extremely intoxicated male patron who caused a disturbance in the rear of the establishment, in addition to a second intoxicated patron who was unable to stand on her own, according to the SLA.
New charges filed yesterday by the SLA say the premises have become the focal point for police attention due to noise, disturbance and disorder.
There has “existed a sustained and continuing pattern of noise, disturbance, misconduct or disorder on or about the licensed premises, related to the operation of the premises or the conduct of its patrons, which adversely effects the health welfare or safety of the inhabitants of the area in which the licensed premises are located,” the pleading states.
Bill Shipman of Cutchogue, who lives near Vineyard 48, has consistently spoken out about the impacts of Vineyard 48’s business on neighboring residents. He brought his complaints to the town board again at its Sept. 26 meeting, citing police reports of multiple alcohol overdoses at the Route 48 winery.
“None of this goes on at any of the other vineyards — or even at any other bars,” Shipman told the town board. “Why? Someone please enlighten me,” he said.
Russell told Shipman the town has a legal action pending against the vineyard. “We’ve asked special counsel to expedite it,” he said. “We all share your frustration.”
Vineyard 48 already had license revocation proceedings pending before the SLA, including charges of failing to exercise adequate supervision over the licensed business, allowing the premises to “become disorderly, in that the premises were too crowded, minors were being served, patrons were over-served, altercations broke out and/or patrons consumed so much alcohol to the point that they became over-intoxicated and required immediate medical attention.”
The SLA has also charged Joseph Paul Winery Inc. with willfully violating its site plan, the determination of the Southold Zoning Board of Appeals and the orders of a Suffolk County State Supreme Court judge entered April 12.
The state revoked the winery’s liquor license in December 2013. Vineyard 48 then obtained a stay of enforcement pending the outcome of an Article 78 petition. In November 2014, the court dismissed three of the charges brought by the SLA, which appealed the decision but lost the appeal in January 2016. The case was remanded back to the agency for a more appropriate penalty, SLA spokesperson William Crowley said. On March 1, 2016 the SLA Full Board voted to impose a three week suspension and a $10,000 fine, Crowley said.
The principals in Joseph Paul Winery Inc. dba Vineyard 48 are Matthew Metz, of Silas Carter Road in Manorville, Carmine Bortone, Barbara Lamanna and Mary Jean Lamanna, according to State Liquor Authority license records. The landlord of the premises is Rose’s Vineyard LLC of Massapequa.
