.

Billy Dean Mounting Two Court Fights for Planned Wantagh Business

North Bellmore strip club owner files appeal in Supreme Court Appellate Division while also trying motion to have judge reverse May ruling that prevented cabaret permit on Sunrise Highway property.

While Billy Dean tries for a successful motion at Nassau County Supreme Court to have a judge’s upholding the Town of Hempstead zoning board’s  for his cabaret application in Wantagh, the North Bellmore strip club owner is also concentrating his legal fight in the appellate division.

The motion in Nassau County Supreme Court, which was scheduled for Justice Antonio Brandveen’s July 25 calendar, was postponed for the third time in three weeks and is now slated for Aug. 8. While Dean attempts success in Mineola with his newly hired attorney J. Stewart Moore of Central Islip, his chief legal counsel, William Cohn of Uniondale has filed an appeal at the State Supreme Court Appellate Division. 

“The appeal to the Appellate Division has already been filed but it will be some time before it goes to oral argument,” said Cohn, who emphasized that he remains “very confident” that Dean will eventually open his Wantagh establishment on 3500 Sunrise Hwy.

Cohn was not optimistic in Dean’s chances with the motion in Nassau County Supreme Court scheduled for Aug. 8 being handled by Moore saying it is “very rare” for a judge to reverse his own ruling. He said if Justice Brandveen does decide in Dean’s favor, the Town of Hempstead would then likely appeal to the Appellate Division and the roles would be reversed.

Moore has not returned calls seeking comment.

____________________________________________________________________

To stay on top of breaking news and other top stories, sign up for the Wantagh-Seaford Patchnewsletter, like us on Facebook and follow us on Twitter.

____________________________________________________________________

While Dean fights for the Wantagh property, he is also  from the Hempstead Town Board of Appeals on a request to renew a cabaret permit at Billy Dean’s Showtime Café in North Bellmore. 

Dean’s suit filed against the Town of Hempstead that Justice Brandveen rejected this past spring argued that the Board of Zoning Appeals (BZA) should have never revoked its original June 2010 approval for cabaret usage on the 3500 Sunrise Hwy parcel. The suit also pointed out that the property, which Dean acquired in 2009 for $950,000, has had cabaret usage for previously opened bars and restaurants going back to the late 1960s.

The Hempstead BZA’s rejection of Dean’s cabaret application came in the midst of community  that mounted against him because of fears he would operate his Wantagh similar to  in North Bellmore, which is advertised on its website as "Long Island’s No. 1 strip club." A cabaret license would permit Dean to offer live music, dancing and entertainment but no topless or nude performers.

Billy Dean’s website provides a link with information that describes the planned Wantagh venue as one that will offer dinner entertainment with audience participation catering to bachelor, bachelorette and birthday parties. Dean  his planned establishment during a May 18, 2011 zoning board hearing as one that would feature “a Las Vegas style feel” with jugglers, knife throwers and dancers.

Dr. Geraldine Towers July 27, 2012 at 12:49 PM
" a family restaurant Las Vegas Style"
old miller July 27, 2012 at 01:15 PM
This building site has been the location of a bar / night club for over 30 years without any major incidences that I can recall. What are you people afraid of? Bikini-clad women? Um, we live 5 miles from the beach. I'd be more concerned about the drug paraphernalia shops (Burn and Twisted Glass) and the "massage" parlors that have opened in our town if I were you.
old miller July 27, 2012 at 01:25 PM
Of course, we could also turn our attention to the growing use of illegally-procured prescription pain killers in our high schools and the blatant disregard of hosting laws by a number of Wantagh's parents, including some who sit in pretty high places of authority in our community.
concerned citizen July 27, 2012 at 01:55 PM
Unless you live in Wantagh...you should have no opinion as to how we "should" feel about this type of establishment opening just a few blocks from an elemetary school.
Ozone Park Native July 27, 2012 at 02:02 PM
Thank you Concerned - beat me to the punch
Chris Wendt July 27, 2012 at 02:05 PM
@ OzoneParkNative re: "If he turned it into a 'family' restaurant he would get to open his business." Ergo sequitur, it can logically be inferred that the proprietor must not be in the family restaurant business, else he would be open for business, serving gourmet dinners and not spending his time, effort, and resources fighting court battles on several fronts simultaneously for something that is apparently not a family restaurant, after all.
Patrick July 27, 2012 at 02:12 PM
Or maybe the hundreds of thousands of dollars the TOH is spending by outsourcing their legal work trying to defend losing battle. The further this goes, the more money the TOH is flushing down the toilet, not to mention the potential civil suit that will follow, and be won by Mr Dean and Ms Gordon. Just a little aside, it the towns outside council that has asked for at lease one of these adjournments so that they can continue to ring the registers. But the Patch either did not know that because they did not do any proper fact finding, or they have decided to not print that information because they want to continue their one sided assault on this yet unopened business. As you can see from this article, the only information requested was from the parties associated with Mr Dean and Ms Gordon, and not one mention of any information or comment regarding this situation requested from the TOH. Can someone from the Patch please let everyone know why you are not asking for information from the TOH and printing their responses to your inquiries? That would only be fair, right?
Ozone Park Native July 27, 2012 at 02:12 PM
@ Chris - Know what you mean...
Patrick July 27, 2012 at 02:23 PM
This is a TOH issue not just a Wantagh/Seaford issue. Anyone who lives in the TOH has the right to give their opinion.
Patrick July 27, 2012 at 02:29 PM
So, Chris, when you spoke to the TOH and asked them if the proprietors had requested permission to open as a restaurant, what did they tell you? Your statement certainly implies that you have knowledge of facts that would only be obtainable from the TOH. So please do tell everyone what the TOH told you.
Kathy July 27, 2012 at 02:45 PM
Patrick you are that certain that they will win a civil suit?
Patrick July 27, 2012 at 03:07 PM
Kathy, every fact in this case points to a situation in which these business owners civil rights have been violated. They were given permits, spent huge amounts of money to build their business according to the grants given by the BZA. Then some uninformed "concerned citizens" get involved, reopen the case over a year later, and the permits are denied after these 2 people had spent well over a million dollars purchasing and building, based on an original grant by the BZA. If this were you, what would you do, and how would you feel? There is no certainty in anything when the courts are involved, we learned that with Brandveens rediculous decision. Every attorney that I know and have spoken to at length, believe that a civil suit has a huge amount of merit, and probably would be won.
John July 27, 2012 at 03:10 PM
The fact is they had already bought the building before they applied for the cabaret licence. They cannot ask for a refund of the purchase price of the property now that it was denied. The repairs that they did between the original granting of permits and the denial is a seperate story.
Patrick July 27, 2012 at 03:32 PM
So according to your logic, they should have applied for permits and then gone looking for a place to open? Doesn't really work that way. This location was already zoned for the purposes that the owners needed, and were granted permits to operate, which were subsequently denied over a year later after the monetary expenditure. The cost of the building is certainly a part of those expenditures, as are the taxes they are currently paying, the mortgage payments on the property, all of the legal fees that they have incurred to date, and the loss of business due to the TOH/BZA's grievous error in judgement.
old miller July 27, 2012 at 03:41 PM
I'm a proud Wantagh native... I was raised here, and I have continued to live here since 1970... with 3 children attending Wantagh schools. We have bigger issues to deal with. Instead of chasing shadows... you know, like a cabaret that CAN NOT HAVE topless or nude entertainment. Ironic that some of the more vocal members of our community are also the ones who serve alcohol to teens at their house / block parties. I won't mention names. They know who they are and the positions that they hold, and they should be ashamed of themselves.
John July 27, 2012 at 03:47 PM
Patrick, there was never an adult cabaret licence for this property, nor will there be. BTW, there was not an adult cabaret licence in Bellmore either. That is why thy soon be shut down, with a fair ruling by the BZA.
Patrick July 27, 2012 at 03:48 PM
Chris, are you still formulating your response to my questions? You are posting comments on other strings, therefore you must have read my posts. Are you avoiding the questions, or do you not have an answer? You certainly like to wax poetic with your Latin phrases, but when pressed for truths, you fall silent. Very intereting.
Patrick July 27, 2012 at 03:59 PM
John, just like al the rest, you know nothing about this situation. They did not apply for an adult cabaret, and as a matter of fact their permitting specifically spoke to that issue. Please tell everyone what an "adult cabaret" license entails, as you seem to have knowledge of the subject. Also, please tell everyone what law or permitting issues that the Bellmore location has violated. Put down your bible, and read up on zoning and permitting. A fair ruling? This was a hearing for the re-issuance of an existing permit that had never once been violated in 14 years, nor had any law ever been broken, so what would be fair about shutting the business down?
Patrick July 27, 2012 at 04:10 PM
You are just like all the rest, when asked to back your rediculous statements, this is what you turn to. Never fails. This response proves that fact, that you have none. Please go away, or respond to my inquiries, your choice.
John July 27, 2012 at 04:23 PM
Patrick, your response proves my point. He never applied for an adult cabaret licence, yet admits on his own website that he is the number one strip club on long island. He is not above board. he tried to sneak into Wantagh hoping no one would fight it. The BZA found him to not be credible, and he has been running the bellmore location without the proper licence. Case closed. The good thing is, it will all be sorted out in court, not the patch.
Patrick July 27, 2012 at 04:26 PM
Andrew, who is deleting comments? Is it the Patch? Why do you let this go on? Please let everyone know who is behind the deletions. Thank you
Patrick July 27, 2012 at 04:39 PM
John, he has never been found in violation of any permitting issue or applicable law in the 14 years he has operated his business. If he has been operating afoul of the applicable permits and laws for 14 years, why has he not been shut down prior to now? As I asked you before, what is the definition of an "adult cabaret"? Please tell everyone how you know he has been in violation of his permits in Bellmore. If you are going to make blanket statements, please back them with facts, not just your convoluted opinion. You seem to think that by saying "case closed", your rediculous ideas are the end all and be all. You are sorely mistaken, just like all the rest.
Ozone Park Native July 27, 2012 at 06:28 PM
Patrick - I don't care what anyone says, you must be this guys attorney or him for all we know. All you do is talk about that guys rights, how about, just once, seeing our side. Probably never in my lifetime will I see that from you.
David Colbourn July 27, 2012 at 09:39 PM
I'm guessing he doesn't get the "oh" part We all know the "Family" values of Vegas
David Colbourn July 27, 2012 at 09:43 PM
Yes there is more that can be done. But given the bodies at the beach were all hookers I don't want the sex industry anywhere near. There is a time and a place for all things under the sun but a sex industry shop while the body count increases is not it.
David Colbourn July 27, 2012 at 09:51 PM
oh good Old miller is threatening to name names I'm sure that on topic and helpful. I am a concerned citizen and live in Seaford in a part that is closer then most of Wantagh is so I guess I "should" but out . . . . guess again. Last I checked I still had free speech so please don 't "should" all over me.
David Colbourn July 27, 2012 at 10:00 PM
The permits had to be renewed by law the owner knew it to be a business risk. Physical improvements and investments are likely recoverable upon sale of the property and there is a credibility issue that should cost them the liquer license. I would feel bad but would mittigate loss and avoid throwing good money after bad and let me point out that attornies are paid to argue regardless of who wins. Face it the zoning is awfull and the timing with the mass murder is worse. I do feel for any investor who's dreams are not panning out but community support is a big part of any business which is all about location location location.
Patrick July 28, 2012 at 01:22 AM
That's right, David Coburn, but what you don't get is that it is easier to get drug paraphenalia in Wantagh, than it is in Vegas. Or do you just choose to disregard that part of the post? Crawl back under the rock.
Patrick July 28, 2012 at 01:33 AM
David, how was your day with the sandwich board outside Planned Parenthood? You are, in my opinion, a wackadoo. "Sex industry shop"? Why do you not make a comment about the head shops? I would think that with your ideals, and purity, you would say something about the rampant abuse of altar boys in the Catholic Church for the past 50+ years. But, probably, according to you that must have been mis-reported, right? Or do you just choose to ignore the facts, as everyone else does? No need to answer, but I would like to hear what you have to say.
old miller July 28, 2012 at 01:57 AM
The real sex industry, not that of some exaggerated claims made by conservative alarmists, is located in several strip malls on Merrick Road, Sunrise Hwy., and Park Ave... just look for the signs advertising "health spa," the closed blinds, and the men shuffling in and out of the front door with their faces aimed at the ground... look there for your body counts, not some night club.

Boards

More »
Got a question? Something on your mind? Talk to your community, directly.
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors.What's on your mind?What's on your mind?Make an announcement, speak your mind, or sell somethingPost something