The owners of Coffee Labs Roasters have a fight on their hands again with the Westchester County Health Department over the allowance of dogs inside the popular Tarrytown coffee house.

For two years, Coffee Labs owners Michael Love and his wife, Alicia Kelligrew-Love, have been seeking a waiver or variance from the provisions of Section 14-1.183 of the New York State Sanitary Code that prohibits live animals from food service operations. The only exceptions are patrol dogs accompanying security police officers or guide dogs with blind persons.

Coffee Labs, located on Main Street since 2003, was named both for Kelligrew-Love’s coffee-colored Labrador Retriever, Denali, and a self-proclaimed ‘laboratory’ for coffee roasting. The Love’s venue had been allowing leashed dogs inside its 1,000 square feet location until the Health Department cracked down on the practice after an individual who was interested in starting a similar business in Rockland County made inquiries about it. However, no violations, complaints or incidents have been recorded against Coffee Labs pertaining to dogs.

“For seven years we operated with dogs without a problem and they knew about it,” Mike Love said. “A health inspector came by for four years and brought her own dog here.”

In January 2010, a health inspector informed Love dogs were no longer allowed inside the premises, which prompted him to take his case and petitions with more than 3,000 supportive signatures to the Westchester County Board of Health. Board members had mixed reactions to the waiver request which, if granted, would have been a precedent-setting decision in Westchester and New York State.

The Board of Health ultimately left the decision up to then-Acting Commissioner of Health Dr. Cheryl Archbald, who never issued a formal ruling. Yet, a January 24, 2011 letter to the Love’s attorney, Andrea Castro, outlined several conditions Coffee Labs would have to meet for the approval of a potential one-year waiver. They include putting a physical barrier between the dining area and food preparation area, posting prominent signage alerting customers that all dogs entering the facility must be on a leash, be licensed and have required vaccinations, and having more frequent inspections.

In addition, public sanitarian Mario Polvere questioned the location of an existing coffee bean roaster and the storage of raw coffee beans, a request the Love’s objected to since moving the large roaster would cost at least $15,000.

“Board (of Health) members came in and shook my hand and said we’re glad this is happening,” Mike Love said. “Guys were congratulating me. To move the roaster was ridiculous.”

No deadline was placed on the Love’s meeting the conditions, but personal tragedy—the loss of a child and Kelligrew-Love’s breast cancer diagnosis, prevented them from moving forward. With things somewhat settled, Mike Love said he called Polvere in November to tell him they were ready to proceed, but he was told he waited too long and new Commissioner of Health Dr. Sherlita Amler, who started in October, was opposed to the waiver.

“She (Archbald) left and this all went out the window,” Love said. “I’m not just going to lay down, roll over and stick my tongue out. I’m now going to sit in their office and snarl at them. I’m going to keep pushing this issue. I’m pissed off, no joke.”

Health Department spokesperson Caren Halbfinger confirmed Amler had “serious concerns about setting such a precedent,” contending no other health department in the country permits dogs in food establishments, a claim Castro maintained was false.

“No waiver was ever promised or guaranteed,” Halbfinger said. “We proceeded with caution and raised a number of issues with Mr. Love. The ball was in Mr. Love’s court. How could we promise something like that? Now there’s a new health commissioner that essentially doesn’t think this is a wise idea. Keeping tabs on something like this would be quite onerous for the health department at this time.”

Mike Love said if his coffee house didn’t serve bagels, croissants and muffins, which are not prepared on site but sometimes are served with butter or cream cheese, his business would fall under the authority of the Department of Agriculture and Market, not the Health Department.

He also conceded he has thought about allowing dogs back into his business and forcing the health department to stop him.

“If I have to close the doors and give away coffee I will,” Love remarked. “I’m fighting for other low risk coffee houses. I would love to see other businesses do this. I’ll keep fighting them back. I’m going to make last time look like it was nothing, like it was child’s play. They’re going to get a lot more unwanted attention. They have to prove it’s a public health risk.”