South Swell, popular West Babylon waterfront restaurant, closes amid dispute with town

A popular West Babylon waterfront taco spot has closed after what its owner says was a dispute with Town of Babylon officials, who said the eatery did not have the proper permits.

South Swell, a seasonal offshoot of Swell Taco in Babylon Village and located near the Bergen Bay Docks, posted a message on the restaurant's Instagram account Sunday announcing it would not reopen this summer.

The post said the eatery, which opened in 2023 and served Mexican-style food as well as alcohol and often featured live music, had an approved state liquor license that included permission for live music. However, “unexpected licensing issues related to a Cabaret License … has made it impossible for us to reopen this season.”

The restaurant added it was "heartbreaking to lose something so deeply loved over an issue that, in our view, should never have stood in the way of serving our community."

Town cites liquor license 'mismatch'

Kevin Bonner, Babylon Town’s deputy chief of staff, said in a statement to Newsday that the “core problem” with the eatery was not a cabaret license, which the business did not have, but a “mismatch” between South Swell's state liquor license and its certificate of occupancy from the town.

The site has a certificate of occupancy for a “deli-style operation — consistent with the prior use of that space — which permits the sale of alcohol only in sealed containers for off-premises consumption,” Bonner wrote. South Swell’s liquor license, however, was for a “full on-premises service, including mixed drinks.”

Bonner said the town has to ensure the site is properly equipped for the kind of operation taking place there.

“A full-service bar serving mixed drinks at Bergen Point — a waterfront location with limited parking, where patrons may be heading directly to boats or to their cars, and where alcohol can easily leave the premises in open containers — raises real public safety considerations that a deli [certificate of occupancy] was never designed to address,” Bonner said.

Town spokesman Ryan Bonner said that as part of the state license application process, South Swell needed to certify it had the kind of certificate of occupancy required for the type of license it wanted.

Ryan Bonner said it was "ultimately the State Liquor Authority, not the Town, that halted operations at the site once it became clear South Swell was operating under a liquor license that didn't match the Certificate of Occupancy for the location."

Owner Brooke Jankow confirmed the state cited the business in December and threatened to revoke its license. She said her first summons from the town in 2024 was for a lack of cabaret license. Newsday was unable to confirm that with the town late Tuesday.

According to Babylon Town’s cabaret and dance halls provision, which was enacted in 1969, it is unlawful “to conduct, maintain or operate ...  a cabaret, bar and/or lounge, dance hall or discotheque establishment” without a cabaret license.

'Numerous complaints' cited

Kevin Bonner said the town began reviewing South Swell’s operation after receiving noise complaints from neighbors over the music.

When asked to provide information on complaints received, Ryan Bonner said the town "does not have records of any formal complaints" and that Town Supervisor Rich Schaffer received "numerous complaints directly through social media and from residents."

Ryan Bonner also said the town "does not have records of any currently issued cabaret licenses" and that "establishments offering live music generally comply with the Town's noise ordinance without needing to go through that process." But, he added, the cabaret license question "was not the factor that prevented them from continuing to operate."

Jankow said she sent a mailer to neighbors hoping to work with them on any music complaints but never received a response. Kevin Bonner said in his statement to Newsday that the town “worked with the owners over an extended period to try to find a path forward and were hoping they'd be able to bring the site into compliance. We understand their frustration.”

In its social media post, South Swell expressed gratitude to its patrons.

“What we built there was never just a business,” the post said. “It was an extension of our hearts … a place for friends, family and our community to come together, enjoy the beautiful view, share good food, good music and each other’s company.”

By Denise M. Bonilla

denise.bonilla@newsday.comdenisebonilla

Denise Bonilla has worked at Newsday since 2003 and covers the Town of Babylon, including the villages of Lindenhurst and Amityville.