State Liquor Authority's Ruling on Vineyard 48 A 'Slap on Wrist,' Outraged Neighbors Say

NORTH FORK, NY - After years of crying out against quality of life concerns posed by Vineyard 48 in Cutchogue, neighbors Beth and Bill Shipman were dismayed to learn this week that the State Liquor Authority had ruled on the case — and given the winery what the couple believes is a "slap on the wrist."

On March 1, at a full meeting of the New York State Liquor Authority, which is available online for review, a vote was taken to order Vineyard 48 to a 21-day suspension and a $10,000 fine.

But the Shipmans, who have come to many Southold town board meetings to cry out against the influx of cars, drunk patrons in the road, obscene language, sex acts in the bushes, and limousines making dangerous U turns, are devastated by the ruling.

Beth Shipman said her family is heartsick, and she's fearful of what the summer will bring, remembering last July's tragic limo crash that took the lives of four young women.

Those women, along with four friends who were also gravely injured, had just come from Vineyard 48 in the limo they'd hired for a day of fun on the North Fork Z— a day that ended up an unspeakable tragedy not only for the victims and their families, but for the scores of North Fork first responders and residents who will forever be changed by what they saw that day, Shipman said.

The SLA did not contact the Shipmans about the meeting, and the attorney for Vineyard 48 was not notified to be present when the decision was made regarding the penalty.

The fine and suspension were a result of a Supreme Court, appellate devision decision on January 28, 2016, that said the winery "failed to notify SLA of a change in its operating hours," and "permitted noise, disturbance, misconduct, or disorder on and about its premises, which resulted in the premises becoming a focal point for police attention . . which adversely affected the health, welfare or safety of neighborhood residents."

Vineyard 48 first had its liquor license revoked in 2013, but appealed that decision. Later, a decision was made to grant a temporary restraining order allowed Vineyard 48 to conduct business.

In 2013, according to Southold Town Police Chief Martin Flatley, after the full board hearing of the New York State Liquor Authority on Dec. 17, during which Vineyard 48's liquor license was revoked, "Everybody was aware that they had the ability to appeal this decision. They took the route of going before a New York State Supreme Court justice to receive a temporary restraining order."

The judge, Flatley said, allowed the winery to conduct business including pruning grape vines, bottling wine and engaging in manufacturing activities, and conducting retail sales and wine tastings.

"However, the judge was very specific that they were not to have any parties at this location, with or without music, inside or outside," Flatley said.

The Cutchogue winery was the source of heated contention, with neighbors complaining about noise, parking issues, and "sex acts" in the vines.

After the first ruling, Vineyard 48 lost its liquor license after a decision by Chairman Dennis Rosen; the case then went before Judge Ling Cohan, who ruled on the matter and did not send the case to appellate court. The most recent decision came out of appellate court, but the Shipmans were shocked at the 21-day suspension and $10,000 fine.

Shipman said she and her husband were also upset not to be notified; they expected to be in attendance when the general council brought the matter before SLA Chairman Vincent Bradley.

"As this directly, adversely affects the health, welfare and safety of not only our family but also the surrounding neighbors, town folk and visitors to this establishment and community, many of our neighbors would also have made the trip in. This in itself is very disappointing," she said.

According to Shipman, instead of one $10,000 fine, Vineyard 48 could have been fined $10,000 per charge. And, she said, "Why suspend their license in April? Why not August, or, even better, October, at the height of the industry's season? These are questions I would like answered."

Shipman also noted that the case was not on the SLA's calendar for March 1.

"This community wants and needs resolution," Shipman said. "One of the 'focal points of police attention' is the traffic generated by this business, and the limo and party buses constantly attempting to make U-turns to get in and out of this establishment. County Road 48, is not now, nor has it ever been, able to handle the amount of oversized vehicles maneuvering around, to get in and out of this business."

Shipman said she and her husband predicted the tragedy that took the lives of the four young women on July 18, 2015. Of the penalty, she said, "It was a slap on the wrist, of a business that has complete disregard for both its neighbors, community and the laws. It is a slap in every neighbor's face."

And, she said, "Another fatality is inevitable without change."

After the SLA ruling, Southold Town Police Chief Martin Flatley responded, "I have come to realize that the SLA operates a lot differently than other government agencies that we deal with on a regular basis, so I would say that the fine is appropriate for the referrals our department submitted to the SLA. However, the timing of the suspension in April was not much of a punishment, probably some of the slowest period for a winery tasting room."

He added that he appreciates the time and effort attorneys and investigators for the New York State Liquor Authority dedicated on the complaints regarding Vineyard 48. "We continue to work with them on correcting some of the conditions that existed in 2012-2013," Flatley said. "We have noticed the site better managed and the complaints we are receiving regarding Vineyard 48 have been reduced from previous years’ levels."

Southold Town Supervisor Scott Russell said he has not seen the ruling regarding the penalty, so he could not comment.

However, Russell said a cigar shop allegedly operating in Vineyard 48 is a non-permitted use. "Reports that it had been operating have been brought to our attention. If it is, the town will take immediate action and prosecute to the fullest extent of the law," he said.

SLA spokesman Bill Crowley did not immediately return a request for comment.

Vineyard 48 representatives could not immediately be reached for comment.