The fate of a Tarrytown coffee house’s dogged efforts to legally allow patrons to frequent its establishment with man’s best four-legged friend is now in the hands of the acting commissioner of the Westchester County Health Department.

Coffee Labs Roasters, which was partially named after owner Michael Love’s pets and has been allowing dogs inside since it first opened on Main Street in 2003, has requested a waiver or a variance from a provision of the New York State Sanitary Code that prohibits live animals from food service operations.

The Westchester Board of Health, well aware of the precedent-setting ramifications of the request, sent mixed messages to Acting Commissioner Dr. Cheryl Archibald at a July 15 meeting in New Rochelle but stopped short of taking an official vote. The final decision will be made by Archibald and is expected by the end of the summer.

“It could set a standard for the county, the state and perhaps the nation,” said Frank Guido, assistant commissioner of the Bureau of Public Health Protection. “In this country, this is not allowed in any large nature anywhere.”

Of the more than 4,000 food establishments in Westchester, Coffee Labs is one of about 620 classified as “low risk,” meaning it has limited food preparation and a minimal chance of contaminating food.

Section 14-1.183 of the state Sanitary Code permits patrol dogs to accompany security police officers and guide dogs to accompany blind persons.

“The state does not want to rescind that section of the code but they recognize there can be a limited application for low risk restaurants,” Guido said. “You’re allowing partial non-compliance with variances. Maybe it doesn’t jeopardize public health to a large degree.”

“This issue has come up statewide and they haven’t resolved it either way,” Guido added. “I think they see merit to both sides. This is ground breaking. To my knowledge they have never issued a variance or a waiver for this code.”

There have been no violations, incidents or complaints at Coffee Labs pertaining to dogs since they have been in business. Love admitted last month he knew he was violating the code by permitting dogs but reasoned, “It’s part of who we are. It’s our identity. It’s our brand.”

Love’s wife, Alicia, said no longer being able to welcome dogs could be a tough pill for Coffee Labs to swallow. As it is, she hasn’t seen several loyal customers since the Health Department ordered them to keep dogs outside earlier this year.

“It would change the business and the way it’s thought about,” she said. “I don’t know what we do.We have a history. Tarrytown is pretty dog oriented, which we didn’t know when we picked this town. People embraced it.”

If the Health Department grants Coffee Labs a variance for the dogs, it would be for a limited time and run concurrent with their permit. Coffee Labs would also have to be inspected more than once a year and fulfill a strict set of guidelines, such as installing physical barriers between the dining and preparation areas, ensuring dogs are on a leash and having coffee beans stored at least three feet off the ground.

“We’re not making a blank statement. It’s specifically related to this coffee shop,” Archibald stressed to the Board of Health. “It’s not a change to the code.”

Some board members balked at making an exception for Coffee Labs.

“You’re opening the door to all low-risk establishments,” said Dr. Harold Adel. “You’re applying a standard that hasn’t been applied. That’s very arbitrary.”

“What we’re allowing here is a risk. I don’t think this protects the public,” said James Carnicelli.

Others were squarely behind Coffee Labs.

“My gut instinct is we won’t have a problem,” said Dr. Robert Baker.

“I see absolutely no problem issuing a variance to this establishment,” said Dr. Peter Liebert.

Dr. Douglas Aspros, a veterinarian, said he expected other coffee houses in the area to follow in the footsteps of Coffee Labs if the variance is granted.

“As a dog lover, if we establish well defined critera for this....I’m okay with it going forward and let it play out,” he said.