Board Votes for Silence at Montauk Restaurant
A Montauk restaurant and bar will no longer be allowed to have bands playing on its patio or to use speakers outdoors for the next year after being cited five times over the summer for violations of the town code regarding outdoor music and noise.
The East Hampton Town Board moved last week to curtail the music entertainment permit issued to Ciao by the Beach, imposing the special restrictions. The board vote was 3 to 1; Councilman Fred Overton declined to support the restrictions, and Councilwoman Kathee Burke-Gonzalez was absent from the vote.
All restaurants and bars that have any type of music, live or recorded, need permits from the town. They are issued annually and are in effect from Jan. 1 to Dec. 31 each year.
Under the law, the town board can call for a hearing on permits issued to any bar or restaurant that is cited three or more times for town code regulations, and the permit may be revoked, suspended, or modified. The board can condition issuance of a permit on the installation of soundproofing or other measures to mitigate noise problems.
Ciao was issued three tickets for excessive noise and was ticketed twice for having amplified music outdoors after 9 p.m., which the code outlaws. Several Montauk residents who spoke at Aug. 19 and Sept. 1 hearings on the music permit complained of being disturbed by the music at the restaurant.
Tina Piette, a lawyer for the business who spoke at the hearings, said that a music promoter who worked for Ciao and was responsible for the noise violations was fired. But, the town board found in its resolution censuring the permit, “this was the only mitigation measure offered on behalf of the permittee.” That “is inadequate,” the board found, to address the noise concerns and prevent future issues. Two summonses were issued after the promoter was fired, the board pointed out.
Based on police reports and testimony at the hearings, the town board determined that all of the noise concerns were related to the use of an outdoor area, with either a live band playing or amplified loudspeakers used.
A spokeswoman for the restaurant, Sharon Buckler, had told the board that the restaurant had decided to close because of the town’s enforcement actions.
However, even if the restaurant changes hands, that won’t change the new terms of the permit. According to the town law, all modifications and limitations of a permit “shall be binding on subsequent owners.” Owners may seek to remove permit restrictions by requesting a new town board hearing, though.