Smithtown arts center facing fire code violations but remains open

Smithtown’s Department of Public Safety issued tickets to Smithtown Performing Arts Center for several fire code violations after a March 25 fire marshal inspection from the department, according to court records.

The three tickets were for failure to file a certificate of business registration, operating a business with a public assembly without first obtaining a public assembly permit and failure to produce records of testing and inspection of the building’s fire alarm system.

Theater representatives are due in court June 11, according to town officials. The tickets were issued during a standard fire inspection, Town of Smithtown spokeswoman Nicole Garguilo said.

Representatives from the Smithtown Performing Arts Council, a nonprofit that owns the building, didn’t return several requests for comment last week. 

Citing a “paperwork clerical lapse,” Garguilo said it appears court officials sent the summonses for the tickets to the attorney for the former theater owner instead of to the nonprofit. A Suffolk County court spokesman couldn't be reached immediately for comment Friday.

The town spokeswoman said the arts center building remains open and any potential fines will be dismissed if all issues are resolved before the court date.

She added that theater representatives last week  submitted paperwork to the town in connection with two of the tickets in question, a certificate of fire alarm testing and certificate of business registration.

The theater's website is advertising a series of showings of “Finding Nemo Jr.” that were scheduled to start Saturday and continue through April 28. 

The nonprofit purchased the East Main Street building in June 2022 for $1.45 million, Newsday previously reported.

The theater has been undergoing renovations for two years. In November, Suffolk County gave the nonprofit a $500,000 grant for funding a new marquee for the 90-year-old building.