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Long Beach ZBA removes time restriction on LB Coffee & Tea variance after debate over enforcement
Summary
The Zoning Board amended a previous variance to remove a time-of-day restriction on LB Coffee & Tea’s operations after counsel said time limits on local approvals may be preempted by the New York State Liquor Authority; neighbors urged caution, citing noise complaints.
The Long Beach Zoning Board of Appeals voted to remove a time restriction that had been placed on LB Coffee & Tea’s conditional variance, concluding the local limit could be unenforceable because the State Liquor Authority regulates hours for establishments that sell alcohol.
Kenneth Apple, attorney for Long Beach West LLC (doing business as LB Coffee & Tea), asked the board to remove or extend a condition that had required the business to stop service earlier than other establishments. Apple said the business had operated under the condition for a year but that limiting bookings and closing earlier was hurting the enterprise. “We don’t plan on being open past midnight anyway, but the applicants certainly would love the opportunity,” Apple said.
Deputy corporation counsel Joseph Lupo advised the board that, based on precedent, limits on alcohol service times placed by a municipality can be preempted by state law because the State Liquor Authority (SLA) “occupies the field.” Lupo said it was his “official legal opinion” that the city lacks authority to enforce a closing time that conflicts with SLA jurisdiction, and that the prior condition may therefore be unenforceable.
Neighbors and property owners submitted a written objection and one resident, Liz Ege, read a letter into the record saying the applicants’ rear patio had produced noise and lighting issues and that the police had been called “at least 8 separate times in the last year.” At the hearing city staff reported that a FOIL request for police records returned no “found” complaints; staff member Miss Drapple said she had reviewed police calls since March 2023 and found no formal recorded violations.
Commissioner Markowitz moved to amend the temporary conditional variance to remove the time restrictions; Commissioner DePasquale seconded. Commissioners Markowitz, Brooks, DePasquale and Chairman Morelli voted to remove the time condition. The application (case 3428) concerns the property at 220 West Park Avenue (Section 59, Block 59, Lot 25 on the Nassau County land tax map).
The board’s action removes the local time restriction from the variance; whether and how late the business may serve alcohol remains subject to State Liquor Authority licensing and any related enforcement processes.
