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The Clarence Center Coffee Co. is going to court Thursday night to fight two citations it got from the town.

"I think there are other problems they should be concentrating on rather than a thriving business," said co-owner Kyleena A. Falzone.

The coffee house, which was profiled on "Oprah" and in the New York Times, is accused of selling beer and wine outside the building and letting live outdoor music go past 11 p.m.

The coffee house has a liquor license to sell its microbrews and wines, but town officials said it needed special permission to sell alcohol outside the building for its Labor Day bash.

And while the coffee house did have a permit for a live band to play that three-day weekend, the permit said the music had to stop at 11 p.m.

Residents say the band played until 11:40 p.m. and ended the night with a song filled with profanities. Others say the music went to about 11:15 p.m.

Whatever time the music stopped, it was the last song's explicit language that brought several angry residents to the next Town Board meeting. The owners said they didn't know the last song would contain such language.

The eclectic coffeehouse opened last year at 9475 Clarence Center Road, the site of an inn dating to the 1800s.

Normally, light jazz is piped through the coffeehouse, but the owners offer live music most weekends. As is often the case when commercial property abuts residential, the business' popularity is rubbing some neighbors the wrong way.

The owners of the coffee house will plead not guilty to the violations, said their attorney Jeffery D. Palumbo.

"We'll see if we can resolve this," he said. "If not, we'll go to trial, but the idea is to work with the town."

Town officials stress that they have nothing against the Clarence Center Coffee Co. and want to keep it in town. They're just trying to balance the rights of the business with the rights of the nearby residents.

The coffee house faces a $250 fine for each violation.

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