No Dancing: Port Chester Establishment Didn't Seek Cabaret License, Police Say
In the "restaurant capital of Westchester County," bars and restaurant owners need a village-issued cabaret license for live music and dancing.
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Port Chester is known for its restaurants, and in the warmer months live music can be heard floating from the courtyards and outdoor decks of popular eateries and night spots.
But establishments can't just break out an impromptu dance party, according to police: owners must apply for a cabaret license before hosting live music or clearing room for dancing, no matter how small the area.
On Friday, detectives were checking downtown bars as part of their routine rounds when they walked into El Nuevo Jamos Tavern on Westchester Avenue. Inside, a DJ was playing and patrons were dancing, Lt. James Ladeairous said. The nightspot also had posters advertising upcoming performances by DJs and live bands.
Detectives asked the manager to step outside the bar so they weren't drowned out by the loud music. When they determined the bar didn't have a cabaret license, they issued a ticket for violating the village's license requirement. The manager is a 27-year-old Port Chester man, according to police.
Liquor licenses are governed by state law, but cabaret licenses are issued locally by Port Chester's village government, Ladeairous said.
Licenses for cabarets and "dance halls" are covered under Chapter 165 of the village code. That section mentions "adverse secondary effects" (noise, property crimes and prostitution among them) associated with some nightclubs, and includes indirect references to the village's struggles with the Diamond Club, a former adult club that sparked years of protests in the village.
Those protesters were a familiar sight to long-time residents; for years they lined Boston Post Road with signs like "No Porn In Port Chester." The village's legal battles against the strip club owners prompted pro-active law changes by municipal governments throughout Westchester County, and the case became a cautionary legal tale for towns with loophole-prone municipal code.
Port Chester's cabaret laws were updated in 2008, with changes meant to seal potential loopholes in the previously existing law. Elected leaders haven't forgotten the lessons from the Diamond Club battle, and they've worked proactively to limit undesirable businesses as recently as last year.
To read the complete village code on cabaret and nightclub licenses, including amendments added over the years, click here.
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Bart Didden
5:04 pm on Wednesday, January 25, 2012
Appears to me to be a proactive step by the Police Department to enforce our Laws on a social issue that is of high concern to our residents. I just hope our residents see it that way as well.
JJ
5:35 pm on Wednesday, January 25, 2012
I agree with you here Mr. Didden.
It is a positive step and if the residents don't see it that way please have someone direct them to the Village Codes.
These are all great leaps forward in bringing the Village of Port Chester back to the greatness it once enjoyed.
It might NOT seem like much to people from other communities that Port Chester is addressing Parking Violations, Nightclub Licenses, Taxi Issues, Housing Violations etc.
However, taken cumulatively these are the very issues which have made living in this community a nightmare at times.
Great job Port Chester PD!
Howard Tibbs
11:58 pm on Wednesday, January 25, 2012
Does that law apply to the church on the corner of Pearl & Westchester ave. They always have loud music.
JJ
7:14 am on Thursday, January 26, 2012
Mr. Tibbs.............does it take place after 1000 PM at night?
Sean A. McNerney
11:11 am on Thursday, January 26, 2012
Does it apply to nightclubs in mixed use neighborhoods? Specifically on N. Main Street where the loud noise takes place usually between 1 and 4 AM 6 nights a week?
Nik Bonopartis
11:30 am on Thursday, January 26, 2012
According to the language in the relevant village code section, it's village-wide. I know which part of N. Main Street you're talking about, and I've received correspondence from other readers who live in that area and aren't happy about the noise. I've invited one of those readers to write a guest post describing his frustrations and the activity that goes on around there. If you search our archives, you'll also find incidents associated with the bar in question -- gunfire in two separate incidents, a stabbing, an armed robbery and other violent crime.
You can also follow the links in the story to read the relevant section of village code. It's all online for anyone to check out. Hope that helps.
Nik Bonopartis
11:57 am on Thursday, January 26, 2012
Here's a story from Oct. 2011 about the most recent gunfire incident outside a N. Main St. bar. Includes comments from Trustee Marino, who fielded calls from families nearby:
http://patch.com/A-nnR3
Howard Tibbs
3:17 pm on Thursday, January 26, 2012
Yes, On Weekends It Goes Past 10 PM At The Church On Westchester & Pearl.
Sean A. McNerney
3:25 pm on Thursday, January 26, 2012
Mr. Tibbs, they do seem to be in violation of the noise ordinance as it is written. I fear you may have trouble getting anyone to enforce this. Seeing as how it is a religious organization, your best bet may be to try to talk to someone at the church first. They should be reasonable given who they are. If that fails, your next step will be to call the police while they are in the act. Calling when it is not occurring won't do you any good, but calling while it is happening may get a response. It also may not depending on who is on duty that night and how willing they are to act on your behalf.
JJ
3:26 pm on Thursday, January 26, 2012
Mr. Tibbs you've now made it public record and I'm sure you'll get a response to your question. I was thinking that you made this question as a "joke" but I guess you're serious. Right?
Hard to tell anymore ...................
Howard Tibbs
12:35 am on Friday, January 27, 2012
No, I am not kidding, they have had the police there. I guess the town doesn't care that they do not abided by the seperation of church & state rule. If the officials let this church get away, they are sending the wrong signal to the business here in Portchester. I also guess they are saying its ok for the church's to break the law & the result is whats happining in the Catholic church as they have a lot of sex offenders getting away with its crimes.
Nik Bonopartis
3:32 pm on Thursday, January 26, 2012
He's talking about St. Peter's Church.
JJ
3:49 pm on Thursday, January 26, 2012
The Port Chester Patch has been the BEST media outlet to come along in a long time.
I ONLY hope that the other Village Officials are reading it as much as Mr. Didden & the Mayor.
If this was in place years ago Port Chester would probably NOT be in the condition it is in now. Back in the day you could only deal with one or two people in the local government and you were at their mercy whether or not they were going to take any actions whatsoever. After reading the comments in this outlet it's obvious that many people were seeing the same things going "wrong" in Port Chester but no one had a way of piecing them together until now.
Keep up the good work Port Chester Patch!
John B
4:06 pm on Thursday, January 26, 2012
I agree!
Nik Bonopartis
8:52 pm on Thursday, January 26, 2012
Much thanks for the kind words, I appreciate it. It's been good timing in that this site launched in June of 2010, right when the new BoT was coming in, and just a few months before some of the corruption-related stuff started to become public. I'm really hoping to expand readership and reach more people in the community in 2012. It's also a goal to get more community voices on here, so if anyone would like to blog or submit an editorial, drop me an e-mail. And as always, I appreciate it when readers send in news tips or alerts about things going on in Port Chester. Cheers.