Supervisor On Vineyard 48: 'They Should No Longer Have the Privilege of Doing Business Here'

CUTCHOGUE, NY — Southold Town is seeing red over reports that Vineyard 48 is once again operating an illegal cigar shop on its premises — and Southold Town Supervisor Scott Russell said the town is "done" trying to work toward resolution with the business.

Cutchogue resident Bill Shipman, who has been crying out against the winery for years and imploring the town board for help, asked Southold Town Attorney Bill Duffy about a complaint he'd filed online, reporting the cigar shop's operation.

Duffy said the cigar shop was "up and running again."

And that news has Russell saying enough is enough: "We've come to the conclusion that we tried to work with the operation. We tried to resolve it, and we can't. We thought we were getting somewhere but after their behavior over the past few weeks, we're done. We're ready to bring all the legal might that we can" to crack down on the establishment, he said.

Shipman reminded the town board of at least two alcohol overdoses at the business and continued violations. "When does justice get served?" he asked.

Russell said, as he's explained in the past, that the town board has worked to address the situation. "I think there is a misunderstanding that you think you need to come and convince the board" to take action, he said. "We've tried to come up with reasonable guidelines. But it's clear that it's a waste of our time."

The supervisor added that the "legal might" would be focused on the global picture of the winery's operation, not just the cigar shop.

"I knew a long time ago that they weren't going to comply," Shipman said. "You were bending over backwards to come to a resolution. Their resolution is the almighty dollar."

He added that the cigar shop was operating out of a "lavatory/office space" and is not a permitted use, and said that the vineyard is over-serving, with "beach pails full of sangria" since the definition of a "tasting" size has never been determined.

"We're going back to full battle now," Russell said. "There's no need to maintain communication to resolve issues because clearly, they cannot be resolved. We're done talking to them."

After the meeting, Russell told Patch, "They know they can't sell cigars. They were stopped in the past. They knew and they did it, anyway. If we can't get them to honor the little issues, why should we expect them to honor the bigger ones?

He added, "Vineyard 48 is prohibited from selling cigars in a building onsite. They know they have no right to do it but did it, anyway. They have exhausted all good faith with the town. We have tried to parlay the success we had with earlier legal action into a workable agreement with the owners. It's clear to me that any agreement wouldn't be worth the paper it's printed on."

Vineyard 48, Russell said, shows "no respect for the town and no respect for this community. From my perspective, they should no longer have the privilege of doing business here. To that end, we should commit all of the resources necessary to see that they don't."

Further, he said, "If New York Ag and Markets wants to go to bat for them then, let them come down here and tell us why they think this operation is good for this community and good for the future of agriculture. If they don't have the courage to do that then, they should stay out of it."

A crusade for justice

The Shipmans have been crying out about Vineyard 48 for years, and spoke to Patch in May about what they deemed an "epic fail" on the part of the New York State Liquor Authority and its decision regarding Vineyard 48.

Bill and Beth shipman, for years before the deadly limo crash on Route 48 in 2015, said they had been pleading with the town board about traffic concerns, quality of life issues stemming from loud noise, obscenities being shouted over a loudspeaker at the winery, and sex acts in the bushes — all stemming from a raucous crowd at Vineyard 48.

In May, heartsick over a ruling by the New York State Liquor Authority the they said was a "slap on the wrist" Beth Shipman said without immediate action, the North Fork community could see safety concerns escalating.

Bill Shipman agreed Tuesday, adding that the coming fall season could be "wild" at the winery.

Definition of tasting needed, neighbors cry

According to Shipman, had the word "tasting" been defined by law, charges in the litigation surrounding Vineyard 48 would have been upheld, with SLA Chairman Dennis Rosen originally, in fact, sustaining charges that the operation was exceeding the scope of its license and operating as a "night club" with "dance parties" held and advertised.

But, she said, because New York State has no legal definition of "wine tasting," charges involving dance parties, and the fact that they believe the business was acting "as a nightclub" did not stick in the end.

The Shipmans also said they were shocked at the SLA's ruling on a penalty on March 1, which required Vineyard 48 to pay a $10,000 fine and adhere to a 21 day suspension in April.

"Especially given the tremendous amount of testimony and photo/video evidence supporting the fact that they were, in fac,t holding these events," Shipman said. "They even advertised them. So without a law in place, this ruling sends the message that they are free to use their 'tasting license' to do as they please. This coupled with the minimal penalty, screams, 'Do what you like with your tasting license. There are no substantial consequences.'"

Shipman has said that the large "buckets" of alcohol served are much larger than a normal ounce-sized sip of wine offered at a traditional tasting room, and clarity is desperately needed.

"This was a case of first impression as no other winery has had its license revoked. This was a landmark decision regarding the wine industry in New York State, and it was an epic fail. I'm not sure they could have set the bar any lower if they tried. And hey, if they can use this business model of 144 oz. tastings why can't every other vineyard in New York State? What constitutes a wine tasting in our great state? Nothing — draw your own conclusion."

The Shipmans feel an ongoing traffic situation, including off-site parking that creates dangerous traffic conditions, still exist at Vineyard 48. Beth Shipman produced a letter for Patch written two years before the deadly limo crash that took the lives of four young women, predicting tragedy.

And the couple said they hope to never see the heartache of that devastating limo crash descend again upon Southold Town.

In May, after years of crying out against quality of life concerns posed by Vineyard 48 in Cutchogue, the Shipmans were dismayed to learn 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, were devastated by the ruling.

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.

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."

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."

Cigar shop crackdown

The Shipmans maintained in May that a cigar shop was operating on the property, a use not allowed on the parcel. According to town code, wineries can only sell gifts or items related to the sale or creation of wine, Beth Shipman said. She offered a bag containing cigars, and a receipt, to show that they'd been purchased at the winery.

Russell said a cigar shop allegedly operating in Vineyard 48 was 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 in May.

But, while the winery originally seemed to be complying, reports that the cigar operation was up and running again, was the last straw for Southold Town officials Tuesday.

Vineyard 48 representatives could not immediately be reached for comment.

(Caption: Cigars that Beth and Bill Shipman say were purchased at Vineyard 48.)