The owners and supporters of a popular coffee house in Tarrytown are anxiously awaiting what would be a precedent-setting decision in Westchester County and New York State regarding the allowance of dogs in the dining area of food service establishments.

Coffee Labs Roasters, which has been located on Main Street since 2003, is seeking a waiver or a variance from the provisions of Section 14-1.183 of the New York State Sanitary Code that prohibits live animals from food service operations. Only exceptions are patrol dogs accompanying security police officers or guide dogs accompanying blind persons.

During an appearance before the Westchester County Board of Health in New Rochelle June 17, Michael Love, who owns Coffee Labs with his wife, Alicia Kelligrew, admitted he knowingly was breaking the law by permitting dogs since he has been in business.

“I was fully aware but it’s part of who we are. It’s our identity. It’s our brand,” Love said.

While there have been no violations, incidents or complaints at Coffee Labs pertaining to the dogs, the Westchester County Health Department cracked down on the pooches earlier this year after an individual who was interested in starting a similar business in Rockland County made inquiries there. The Rockland Health Department then made a call to Westchester.

“Most of us have dogs and we are sympathetic to dog owners,” said Dr. Richard Klein, one member of the county’s Board of Health. “There are some hurdles we have to look at. Most importantly we are here to protect the public health.”

Frank Guido, assistant commissioner of the Bureau of Public Health Protection, said of the more than 4,000 food establishments in Westchester, Coffee Labs was one of about 620 considered “low risk” since it had limited food preparation.

“If this were a full service restaurant we wouldn’t be entertaining this request at this time,” said acting Board of Health chairperson Dr. Cheryl Archibald.

Guido told the Board of Health some concerns to consider were diseases dogs carry, the sometimes hostile temperament of dogs with other dogs, and the potential of dogs contaminating countertops, tables or utensils in the food area.

He added if the waiver or variance were granted, Coffee Labs would have to post a sign stating dogs were allowed inside and any dogs that enter the premises must be on a leash and vaccinated.

“Once we establish that precedent, I would anticipate others would ask for the same variance,” Guido said. “This would be the first: precedent-setting.”

Coffee Labs has eight tables and 19 seats in its 1,000 square foot building. It has 12 employees.

Petitions with more than 2,000 signatures backing Coffee Labs have been collected and more than 600 supporters have joined a Facebook effort. Tarrytown officials have also gotten behind Coffee Labs.

“The business has proved to be an asset to the Tarrytown downtown commercial district and the village is supportive of Coffee Labs retaining its dog-friendly ambiance,” Village Administrator Michael Blau stated in a March 25 letter to the county Health Department. “Residents and non-residents alike enjoy its locally roasted premium coffees and the company offered at the shop. Moreover, the dog-friendly environment at Coffee Labs provides a unique ambiance that is not available in other specialty coffee shops, and the village supports that uniqueness.”

Frequent customer Charles Boklan of Irvington was one of several supporters who joined Love in his face-to-face with the Board of Health.

“Tarrytown has always been very pet friendly and people friendly. It’s part of the culture in the Village of Tarrytown,” he said. “Westchester has been precedent-setting for a lot of things.”

Archibald said the Board of Health would make a decision in July and a public hearing would follow. Love, who maintained business has dropped slightly in the six months since dogs have been banned, said he is cautiously optimistic.

“I feel pretty positive. I’m not counting anything until it’s all said and done,” he said.