Live Bands Silenced As Summer Begins

As the beat of the summer season begins this Memorial Day, live bands that have been booked for performances this season at many an East Hampton Town restaurant and bar could be silenced, depending on the outcome of a systematic license review being conducted by the town.

News of the town’s review just before the start of high season has led to criticism and charges of a “no-fun” regime.

“How quickly people forget last Fourth of July weekend,” East ­Hampton Town Supervisor Larry Cantwell said this week, explaining that officials are using all the tools at their disposal to rein in an out-of-control summer resort scene that so many residents complained about last summer.

Montauk, which has a particular concentration of bars and music venues, “has a long history of music; it’s an important part of the community today,” he said this week. “However, business establishments should be in compliance with the local zoning and public safety laws of the community.” Those lacking all the proper licenses could see their music shows shut down.

Public drunkenness, overrun bars and clubs, taxi traffic jams, disorderly visitors, and overcrowded and illegal summer rentals created so much chaos in Montauk last Fourth of July weekend that close to 300 residents flowed into a town board meeting several days later to express their concerns and frustration and plead for relief. Town officials responded with stepped-up enforcement by police and code enforcement officers and the enactment of new regulations designed to tamp down out-of-hand party spots.

The live entertainment that draws many patrons to a growing number of venues requires not only a music entertainment permit from the town but also approval from the New York State Liquor Authority, if a business holds a liquor license.

The liquor authority held a hearing recently regarding the Surf Lodge, which is the subject of several summonses issued by the town. Five noise complaints, two overcrowding charges, and two charges related to yoga classes offered on site are pending in town justice court, according to the town attorney. (An issue regarding a mural on the Surf Lodge building was resolved on Monday with a guilty plea and a $1,000 fine. The business plans to apply to the zoning board of appeals to keep the mural, or paint it over.)

In its review the liquor authority found that the Surf Lodge is not categorized as a live music venue under its license classification.

After town officials learned this, they decided to review the status of other businesses that offer music under town music entertainment permits “to determine whether or not they’re operating within the scope of their S.L.A. permits,” according to Michael Sendlenski, the town attorney.

That information could be compiled by next week, said Supervisor Cantwell. Businesses with live music whose liquor authority licenses lack that designation are subject to charges by the agency. “Contrary to some opinions it’s not about shutting down businesses in Montauk. Businesses should be operating within the law, and that includes local laws, and state liquor authority laws,” Mr. Cantwell said.

While authorization for live music under the S.L.A. appears to be only a matter of categorizing oneself as a live music venue in licensing paperwork, rectifying a license could take an estimated four to six weeks.

In an email, Jayma Cardoso, a managing partner at the Surf Lodge, said she believes numerous other Montauk businesses will find themselves in the same position as her business as far as their liquor licenses.

“The town has allowed live music via a town-issued music permit,” she said.  “Now that the town is pursuing/encouraging enforcement of the liquor license limitations, any business operating without live music on their license is at risk.” The Surf Lodge, she said, is working with state and local officials “to adapt to new methods of enforcement of state and local codes.”

“It is very frustrating as a resident and business owner, but I am committed to figuring out how to strike a balance and deliver the experiences our guests love and being a good neighbor and member of the community,” she wrote.

Ken Grille, a retired teacher and music aficionado, is among the numerous participants in a discussion of the issue on Facebook, many of whom have criticized the town for its actions and their potential impact on live music shows, particularly just before the start of the summer season.

“It seems like there’s a war on live music,” he said on Tuesday, “and I think it’s going to affect the community. People are not going to want to go to Montauk. I go for the live music; it’s part of the culture.”

“Does anyone realize how much business live music brings into a community?” Mr. Grille wrote in a Facebook post. “I can say that pretty much every time we have been to Montauk for live music we have dinner, drinks, and shop in other locations. In my opinion, this is a town that is shooting itself and its business owners in the foot. I hope they see this before it is too late.”

“It’s a shame that it’s coming up at the beginning of the season,” he said Tuesday of the town license review. “Be careful what you wish for.”

“We understand that there needs to be a balance, but we are at risk of seeing a central part of the culture of Montauk disappear,” said Ms. Cardoso. The Surf Lodge’s series of free summer concerts, which brings well-known as well as up-and-coming nationally acclaimed acts to town, has been put on hold, though Ms. Cardoso said she is optimistic that the club’s issues will be resolved in time to put live music back on the summer schedule.

Paul Monte, the president of the Montauk Chamber of Commerce, also expressed concern this week about the town’s actions just before the high season. While businesses must comply with regulations, “we are a resort community, and a big part of the allure is being able to enjoy music, both indoors and out — respectfully of course,” he said Tuesday. “The chamber is concerned and ready and willing to work with the town and any of the establishments to ensure that music will go on in Montauk.”

Nancy Atlas and her band have been playing weekly shows at the Surf Lodge from Memorial Day to Labor Day for nine years. “I realize there are issues that need to be addressed, for sure. It just seems that they’ve really put a crunch down right before the season’s beginning to start,” Ms. Atlas said this week. “Musicians book three to six months ahead, so to pull the rug out just before the season starts is kind of playing dirty. I’ve lost seven shows in the next month.” To soften the blow, she said, the Surf Lodge is sponsoring the move of her weekly Wednesday night performances to Baron’s Cove in Sag Harbor.

A resident of Montauk, Ms. Atlas, who was among the crowd at the Montauk Firehouse calling for action last year, said she shares concerns about the hamlet but that the town’s actions must be balanced. She suggested that the enforcement pendulum has swung too far.

Both she and Ms. Cardoso raised questions about the decibel readings used to enforce the town noise code, which have been described as unfair, since the noise violation threshold is barely above normal ambient noise.

“We need to reexamine what constitutes inappropriate noise level, as our primary interest is to work with the town and the S.L.A. and serve as a thoughtful member of the community,” Ms. Cardoso wrote in her email.

Last year, Ms. Atlas said, officers issued $1,000 noise violation tickets without first issuing a warning and giving bands a chance to turn it down. Now, she said, “restaurants aren’t so quick to have live music, because they come in for music and get them for three other things.”

“It’s really, truly affecting a lot of people that live and work and support families out here.”

 The state liquor authority seeks input from local municipalities and police when issuing liquor licenses, and Mr. Cantwell said that “assuming a location is in compliance with our local laws” the town will “be happy to support” an application or a license modification to include live music.

But, he acknowledged, for those operating illegally, the liquor license issue will provide leverage, bringing pressure to bear on business owners to clean up their acts. “It presents an opportunity to motivate establishments to come into compliance,” the supervisor said.

He defended the timing of the review initiative, saying it was based on the liquor authority’s discovery about the Surf Lodge license at a recent hearing.

“We didn’t make it happen that way,” he said. Once the situation came to light, “we’re not going to turn our back on the problems that exist . . . which has been done too long in this town.”

“If I were a local musician, I don’t know if I’d want to play in an establishment” lacking the proper permits, Mr. Cantwell said.

The town music entertainment permit, he said, was “designed to provide a music amenity at a restaurant or bar.” Instead, he said, what has happened is that places have morphed into music venues.

The town board had planned to discuss an overhaul of the permit system and would still like to review the law, he said.

It calls for a board hearing and possible license cancellation after three noise violations for any license holder. Last year, permits were pulled for two Montauk restaurants/music spots, Harbor and Ciao by the Beach, both of which are now out of business.

A host of town code violations and court charges led to the closure of Cyril’s, another longtime hot spot. The owner of the bar and restaurant on the Napeague stretch said complying with the standards required by the town made it impossible to continue to do business