February 2011

WHEREAS, The Flatiron BID is proposing to have two new food Kiosks installed in the pedestrian plazas North of and adjacent to the Flatiron Building; and

WHEREAS, The Kiosk on the north plaza between 23^rd and 24^th streets would be operated and maintained by the owners of Ilili restaurant; and

WHEREAS, This kiosk would serve a selection of Mediterranean sandwiches, juices, and teas; and

WHEREAS, The kiosk on the south plaza, adjacent to the Flatiron Building, between 22^nd and 23^rd Streets would be operated and maintained by the owners of Benvenuto Café; and

WHEREAS, This kiosk would serve fresh baked goods, coffees, teas, smoothies, and a selection of international papers; and

WHEREAS, Both Kiosks would be open year round, weather permitting; and

WHEREAS, Both Kiosk owners would be responsible for cleanup in and around their respective Kiosk areas; and

WHEREAS, The Flatiron BID would continue to oversee the maintenance, cleanup, and beautification of these plazas; and

WHEREAS, The Flatiron BID was not obliged to come before the board, but did so to elicit comments and feedback on the proposed kiosks; therefore be it

RESOLVED, That Community Board Five approves of the two new food Kiosks installed in the pedestrian plazas North of and adjacent to the Flatiron Building. and be it further

RESOLVED, that Community Board Five appreciates its role in reviewing pedestrian plazas sub-concession agreements and would like to continue to be included in the review process as these agreements are renewed.

The above resolution passed with a vote of 34 in favor, 2 opposed, 1 abstention.

WHEREAS, the following five (5) applicants have applied for Street Activity Permits for post-parade gatherings near and around Madison Square Park:

1.      Sikh Cultural Society, street festival on Madison Ave, b/t 23^rd & 26^th Streets, on Saturday, April 30, 2011 (Event ID# 23172)

2.      Philippine Independence Day Council Inc., street festival on Madison, between 23^rd and 26^th Streets on Sunday, June 5, 2011 (Event ID# 22137)

3.      The Federation of Indian Association, street festival on Madison Avenue, between 23^rd & 27^th Street, on Sunday, August 21, 2011 (Event ID# 21814)

4.      Pakistan Day Parade & Fair Committee Inc., street festival on Madison Ave, b/t 23^rd & 26^th Streets, on Sunday, September 4, 2011 (Event ID# 23330)

5.      Muslim Foundation of America, street festival on Madison Ave, b/t 23^rd &  26^th Streets, on Sunday, September 25, 2011 (Event ID# 22945);

WHEREAS, Community Board Five recognizes the long standing tradition and success of these post parade events, and

WHEREAS, Community Board Five recognizes the ongoing conflict between the needs of the applicants and the concerns of the local community, including both residents and the Madison Park Conservancy, and

WHEREAS, Over the past many years the local demographic has changed so as to be much more residential, and

WHEREAS, The success of these events has caused them to become much more crowded, by some estimations attended by as many as 20,000 to 30,000 people, and

WHEREAS, Community concerns include overcrowding, noise, sanitation, and their deleterious effect on Madison Square Park, and

WHEREAS, The applicants agree that a good portion of the thousands of attendees of each of these events use Madison Square Park's grounds during the programs; and

WHEREAS, Over past years the applicants have attempted to ameliorate community issues including but not limited to garbage pick-up, noise, length of event and impact on Madison Square Park; and

WHEREAS, A representative of the Madison Park Conservancy gave testament that it routinely takes the Conservancy staff a day and a half to clean up after these post parade events; and

WHEREAS, Despite previous best efforts, it is to be noted that members of the community overwhelmingly believe that these post-parade gatherings continue to be a burden on this residential area, blocking the streets and disturbing the park as well as neighborhood park-goers; and

WHEREAS, Community Board Five has concluded that these events have simply grown too large for the area around Madison Square Park; and

WHEREAS, Community Board Five has made a proposal to The Mayor's Office of Citywide Events Coordination and Management (CECM) in order to permanently alleviate the strain on the residents while allowing the applicants to continue to partake in their celebrations on beautiful Madison Avenue; and

WHEREAS, the proposal would reverse the parade routes for all five (5) applicants to start at 26^th Street and Madison Avenue and end at 39th Street and Madison Avenue; and

WHEREAS, Community Board Five proposes that the post-parade events would then take place on Madison Avenue between 39th and 42nd Streets, and on 41^st Street between Fifth Avenue and Park Avenue; and

WHEREAS, the proposal allots a comparable amount of space to the applicants for these celebrations; and

WHEREAS, Community Board Five believes that the proposed plan will be the best compromise to allow these street activities in our area with the least deleterious resident-related impact; therefore be it

RESOLVED, That Community Board Five recommends denial of all five (5) applications unless the parade route is reversed, moving North from 26th Street up Madison Avenue to 39th Street, with the post parade gatherings happening on Madison Avenue between 39th and 42nd and on 41st Street between 5th Avenue and Park Avenue in compliance with the recommendation made to CECM.

The above resolution passed vote of 29 in favor; 7 opposed; 1 abstaining.

WHEREAS, 7 West 54th Street, the Lehman Mansion, is an individual NYC Landmark and is an outstanding example of one of the "Bankers Row" former residences along West 54th Street, across the street facing the Museum of Modern Art; and

WHEREAS, the Mansion, built in 1900, remained in the Lehman family's ownership over the years and Robert Lehman held onto 7 West 54th Street - not to live in, but as a private gallery - until he died in 1969; and

WHEREAS, the current owner, Zimmer Lucas Capital, a hedge fund, occupies the entire property and has maintained it in "museum quality" condition according to Christopher Gray, who wrote in the NY Times June 18, 2006:

Robert Lehman succeeded his father as the head of Lehman Brothers and expanded his art collection, turning it into the reservoir of European masterpieces that now forms the Lehman Wing of the Metropolitan Museum of Art. . In exchange for his collection, Mr. Lehman had dearly wanted the Metropolitan to dismantle and rebuild his entire house at the museum. The Met worked out a compromise in which the rooms were stripped of much of their paneling and other architectural elements, then taken apart and rebuilt in the Lehman Wing, which opened in 1975.  The Met has agreed to deaccession some of the original elements so that they can be reinstalled: stained-glass windows, fireplace surrounds, doors and other items that the museum never had any hopes of using; and

WHEREAS, Zimmer Lucas has invested substantial amounts of money in the preservation of this handsome Beaux Arts property and now seeks to install a new guard rail and gate at the street level to bring the building into compliance with the NYC Building Code for safety and security purposes; and

WHEREAS, the materials to be used and the designs will match other historic building elements; therefore, be it

RESOLVED, Community Board Five recommends approval of the Certificate of Appropriateness for new guard rail and gate at 7 West 54th Street.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, On February 1, 2011 the NYC Landmarks Preservation Commission held a public hearing on the designation of the interior of the former Manufacturers Trust Company Building at 510 Fifth Avenue; and

WHEREAS, This Hearing took place before Community Board Five was given sufficient time to consider and take a position on the matter; and

WHEREAS, This 1954 Modern masterpiece, designed by Skidmore Owings & Merrill and completed in 1954, was designated as an individual NYC Landmark in 1997; and

WHEREAS, Only the exterior of the building was actually protected at the time of designation; and  

WHEREAS, The first and second floor interiors of the five story building are considered integral elements of the transparent building faced with curtain wall glass; and

WHEREAS, In October 2010, JPMorgan Chase, the successor to Manufacturers Trust, vacated the building (which is now owned by Vornado Realty Trust) and removed a 70 foot building long, site-specific wall sculpture by the note sculptor, Harry Bertoia; and

WHEREAS, Bertoia's sculptures are in the Brooklyn, Cleveland, Smithsonian, Philadelphia Art Museums, Cornell University, Dallas Public Library and Chicago Botanic Gardens; and

WHEREAS, Prominent preservationists and architects, including Historic Districts Council, DOCOMOMO/Tri-State, Preservation League of New York State, National Trust for Historic Preservation, Recent Past Preservation Network, and Institute for Classical Architecture & Classical America, have called for interior designation of the first two floors; and

WHEREAS, At the February 1, 2011 LPC hearing a dozen individuals spoke in favor of the designation, including representatives of Vornado Realty, the present owner, and Skidmore Owings and Merrill, the original architects; therefore be it

RESOLVED, Community Board Five recommends approval of the proposed designation first and second floor interiors of 510Fifth Avenue, aka 508-514 Fifth Avenue; 2 West 43^rd Street, Manufacturers Trust Company Building; and be it further 

RESOLVED, Community Board Five requests that the LPC request that JPMorgan Chase return the entire Harry Bertoia sculpture to the building and that it be incorporated into any future use, retail or otherwise.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, L'Arte del Vivere con Lentezza (The Art of Slow Living), a not-for-profit organization, has submitted an application for a special event to be conducted in Union Square Park on Monday February 28, 2011 between the hours of 11:00 AM and 2:00 PM, requiring one half hour for set-up and one half hour for clean-up; and

WHEREAS, The proposed special event, the Fifth Global Day of Slow Living, would be conducted in a small area in the south east plaza of Union Square Park, and would feature four young Italian opera singers and the Chair of L'Arte del Vivere con Lentezza, who will be encouraging New Yorkers to slow down from their hectic lives; and

WHEREAS, The Chair would be holding a small sign featuring a top hatted-caterpillar character from an old New Yorker magazine cartoon; and

WHEREAS, There would be no corporate sponsorship nor advertisements, and L'Arte del Vivere con Lentezza would only be distributing lists of "Slowmandments," which are suggestions on how to relax and enjoy everyday life; and

WHEREAS, During the last five years, similar events have been conducted throughout the world, in cities which include Shanghai, Tokyo and Milan, and this event had been previously conducted in Union Square Park in 2008; and

WHEREAS, The proposed special event is brief in duration, requires only a small footprint in the park, requires no amplified sound and is only promoting the traditional concept of rest and relaxation in the park, therefore, be it

RESOLVED, That Community Board Five recommends approval of L'Arte del Vivere con Lentezza's application to conduct the Fifth Global Day of Slow Living special event in Union Square Park on Monday February 28, 2011.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS,  MKTG Inc. has submitted an application on behalf of their client Nintendo which would take place in Union Square four times over the two week period of Friday March 11, 2011 and Tuesday March 29, 2011 from 1:00 pm to 2:00 pm; and

WHEREAS, The event would consist of a choreographed street team of 32 people who will demonstrate a new handheld gaming product to consumers; and

WHEREAS, This street team would conduct a "march" in order to attract attention and encourage consumers to demo the product which would remain attached to the individuals on the street team; and

WHEREAS, The event would not require set up or include amplified sound, large props or product giveaways  and no handouts or flyers would be distributed; and

WHEREAS, Simultaneously there will be other street teams conducting the same activities in Times Square, Grand Central Terminal, Chelsea Market, and other areas of the city which receive heavy pedestrian traffic; and

WHEREAS, The proposed event is mostly commercial in nature and might infringe on the community's enjoyment of the park while providing nominal community benefit; therefore, be it

RESOLVED, That Community Board Five recommends denial of MKTG Inc.'s application to conduct a special event in Union Square Park on four occasions between Friday March 11, 2011 and Tuesday March 29, 2011.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, Mr. Youth has proposed a special event known as the Keds Millennial Tour to be conducted in Union Square Park on Thursday May 5, 2011 between the hours 12:00 PM and 4:00 PM; and

WHEREAS, The proposed special event would be conducted within a 50'-0" X 50'-0" area in the North Plaza of Union Square Park; and

WHEREAS, The Keds Millennial Tour is a part of a ten city nationwide marketing campaign which would benefit local not-for-profit organizations; and

WHEREAS, In New York City, Keds Millennial Tour will be contributing $5,000.00 to Creative Time - a producer of public arts projects that offers emerging and established artistic opportunities to undertake new works while making art part of the everyday urban experience; and

WHEREAS, The proposed special event will feature local musicians, local artists creating an 8'-0" X 8'-0" mural, local fashion designers painting Keds canvas shoes, and will engage the involvement of student interns from Fashion Institute of Technology, School of Visual Arts, New York University and Pace University; and

WHEREAS, There would be no large corporate branded banners nor tents, both set-up and dismantling and clean-up would require less than two hours, and sound amplification would be limited to two hours; and

WHEREAS, Although there would be a minimal aspect in brand marketing of "Keds, The Original Sneaker" toward the "Millennial Generation," the proposed special event overwhelmingly focuses on philanthropy, arts, fashion and education; therefore be it

RESOLVED, That Community Board Five recommends approval of Mr. Youth's application to conduct the Keds Millennial Tour special event in the North Plaza of Union Square Park on Thursday May 5, 2011, from 12:00 PM until 4:00 PM.

The above resolution passed  by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, The Tunisian Cultural and Information Center, a non-profit, non-governmental organization, has submitted an application to celebrate Tunisian Cultural Day in Union Square on Sunday, July 17, 2011 between the hours of 1:00 PM and 6:00 PM; and

WHEREAS, The applicant would provide musical and cultural entertainment relevant to the Tunisian community in the form of traditional dances, musical band singing songs, fashion show, arts and craft display, henna tattoo, brochures about Tunisia, and the free offering of pre-prepared food and drinks; and

WHEREAS, The applicant would utilize amplified sound (2 speakers and a microphone) for a limited period of time (approximately 5 minute opening speech and 5 minute closing speech; musical band performances from 1-3pm doing 15-20 minute sets); and

WHEREAS, The applicant has previous experience producing a similar event in 2009 at Wagner College (Staten Island) without incident or complaint; and

WHEREAS, The applicant has agreed to move the proposed event to the north end of Union Square at the Committee's suggestion; and

WHEREAS, This event will be free and open to the public with an expected attendance of approximately 500 people, including 4 staff members of the Tunisian Cultural and Information Center and over 20-plus volunteers to help organizers throughout the day; and

WHEREAS, The applicant has agreed to limit signage to two banners and five posters which shall be of the following size and subject: 1) Banner for a) the Tunisian Cultural and Information Center measuring 2.5 ft X 8ft and b) depicting the Tunisian Democracy movement measuring 2.5 ft X 8 ft; and 2) Posters depicting pictures of Tunisia measuring 2.5 ft X 3.5 ft.  The applicant agreed to withdraw its request to have posters of Tunisair at the suggestion of the Committee; and

 WHEREAS, The applicant has agreed to use not more than four tables, each measuring 6 ft X 2.5 ft, and not more than five canopies (one for each table and one for the musician to protect against the heat), each measuring 10 ft X 10 ft.

WHEREAS, This event is entirely cultural and educational in nature with no commercial aspects, free and open to the public, limited in duration, with applicant agreeing to every suggestion made by the Committee; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Tunisian Cultural and Information Center to conduct a Tunisian Cultural Day in Union Square 

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, Augusto Cardona, on behalf of an entity yet to be formed ("Applicant"), has notified Community Board Five of his intention to apply for a new liquor license for a restaurant to be located at the premises at 25 West 26^th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,600 square feet on the ground floor of useable public space, of which approximately 2,800 square feet will be for patron use, and an additional 2,600 square feet in the basement; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 40 tables, 144 seats, and 26 bar stools, with a full kitchen; and

WHEREAS, The total capacity of the Premises is 160, exclusive of employees; and

WHEREAS, The Premises includes 1 patron bar and 1 service bar; and

WHEREAS, Applicant shall:

1.                  agree to keep the establishment exclusively as a restaurant, with hours of operation Sunday through Wednesday from 11am to 1am, and Thursday, Friday, and Saturday (and Sundays of holiday weekends) from 11am - 2am;

2.                  not apply for a cabaret license or a sidewalk cafe;

3.                  not hire outside promoters;

4.                  not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only;

5.                  agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

6.                  apply for an amended Certificate of Occupancy or a Letter of No Objection for the contemplated use of the property with the occupancy levels stated in this affidavit;

7.                  at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing;

8.                  not utilize an exterior "velvet rope" door policy nor allow external queuing for entrance;

9.                  meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Augusto Cardona ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Augusto Cardona or an entity formed by him for a new liquor license for the restaurant to be located at 25 West 26^th Street (between Fifth and Sixth Avenues), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, Applicant Jung Bin Kim, on behalf of 32^nd Jabez Corporation ("Applicant"), has notified Community Board Five of its intention to file a renewal application for its existing wine and beer license within the premises to be leased to Applicant on the third floor of 32 West 32nd Street, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of 1,500 square feet of indoor space on the 3rd floor of the Premises; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of 10 tables and 40 seats for eating and drinking Korean cuisine, serving beer and wine; there will be no bar stools; and

WHEREAS, Estimated total capacity is approximately 50 on the third floor including personnel and staff; and

WHEREAS, The Premises will include no patron bars; and

WHEREAS, Applicant shall:

a.       since this building does not have a Certificate of Occupancy because it was built prior to 1938, provide a "Letter of No Objection" from the New York City Department of Buildings, stating that the DOB does not object to the use of the Premises for this operation

b.      operate the Premises as a restaurant with food service. They do not have private parties;

c.       maintain hours of operation seven days a week 11 AM to 2 AM;

d.      discourage customers from loitering outside the Premises at any time;

e.       strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

f.       meet with neighbors and CB5 if requested to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Jung Bin Kim ever contemplate a transfer of her interest in Applicant so that she does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the renewal application by 32^nd Jabez Corporation for renewal of an on premises wine and beer license within the premises to be leased to Applicant on the third floor of 32 West 32^nd Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, Ok Gil Cho, on behalf of K Town 32 Corporation ("Applicant"), has notified Community Board Five of its intention to file an application for an on premises liquor license within the premises to be leased to Applicant in the Cellar floor of 34-26 West 32^nd Street, New York, New York, (the "Premises"); and

WHEREAS, Premises consists of 1,092 square feet of indoor space in the Cellar floor of the Premises; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of 12 tables and 58 seats for eating and drinking; there will be 6 bar stools; and

WHEREAS, Proposed total capacity is approximately 74 on the cellar floor including personnel and staff; and

WHEREAS, The Premises will include 1 patron bar; and

WHEREAS, The proposed hours of operation are seven days a week 5 PM to 2 AM; and

WHEREAS, The valid Certificate of Occupancy, dated 1920, is for storage use in the Cellar with no occupancy and does not permit the use requested by the Applicant for the operation; and

WHEREAS, Although the Applicant provided a Temporary Certificate of Occupancy permitting 66 occupants for eating and drinking use F-4 for the Premises, the TCO expired November 13, 2004, meaning that the original 1920 C of O is now applicable to the Premises, making the proposed use of the Premises invalid; and

WHEREAS, CB5 notified the applicant/ and their attorney to appear at the hearing to explain why they have not corrected the invalid use on the Certificate of Occupancy and the Applicant they failed to appear or provide any explanation; and

WHEREAS, Despite many communications, the Applicant failed to appear before the Committee to provide any information or answer any questions; and

WHEREAS, Members of the public expressed concerns of (i) oversaturation of liquor licenses on this block and in this building and (ii) safety concerns because the Premises does not have the proper Building Department Certificate of Occupancy with regard to valid use and egress; therefore be it

RESOLVED, That the State Liquor Authority shall be put on notice that the proposed method of operation for the Premises is in violation of the Certificate of Occupancy for the Premises; and be it further

RESOLVED, That Community Board Five recommends denial of the application for an on premises liquor license for K Town 32 Corporation for the premises in the Cellar of 34-36 West 32^nd Street, between Broadway and Fifth Avenue.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, FLATS AVALON IRON GROUP INC. (d/b/a "Retreat"), has notified Community Board Five of its intent to renew an on premises liquor license for a bar/lounge located at 37 West 17th Street;

WHEREAS, The premises is comprised of 1475 square feet of space on two floors; and

WHEREAS, The premises currently has a legal capacity of 74 patrons, but we have received complaints that crowds far exceeding legal capacity are routinely observed entering and leaving the Premises; and

WHEREAS, Numerous neighboring residents testified with complaints of overcrowding, overflow of clientele into the street and sidewalk, violence, and general mayhem surrounding the operation of the Premises; and

WHEREAS, Testimony was given that the Applicant is not in control of the Premises but rather sublets the space to various promoters who operate the Premises; and

WHEREAS, As further evidence of the Applicant's disregard for its responsibility regarding this operation, despite repeated requests for the Applicant to appear at the January 26, 2011 meeting of the Public Safety and Quality of Life Committee meeting, the Applicant failed to appear or send a representative to address these issues or answer any of our questions; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the application by FLATS AVALON IRON GROUP INC. for renewal of an on-premises liquor license at 37 West 17th Street; and be it further

RESOLVED, That Community Board Five requests special enforcement action by the State Liquor Authority to abate the nuisance caused to the community by this licensed operation.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, KOTOBUKI 22^ND STREET INC., has notified Community Board Five of its intent to apply for a new on premises liquor license for a restaurant to be located at 46 West 22^nd Street, New York, NY;  and

WHEREAS, Although the applicant was requested to provide information to Community Board Five, it failed to do so; and

WHEREAS, The proposed location is in an area with a high density of liquor licenses, resulting in extreme concern regarding the potential for significant negative impact on the community by licensed establishments; and

WHEREAS, Despite repeated requests for the Applicant to appear at the January 26, 2011 meeting of the Public Safety and Quality of Life Committee meeting, the Applicant failed to appear or send a representative to address these issues or answer any of our questions; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the application by KOTOBUKI 22^ND STREET INC for a new on premises liquor license for a restaurant to be located at 46 West 22^nd Street, New York, NY.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

Community Board 5: Street Festivals Task Force recommendations

Recommendations to Community Board 5:

• Community:
  • Street festival organizers must provide to the Board evidence that the sponsoring entity is native to Community District 5.

§  The acceptable criterion is an operational business address within the district, where a majority of the entity's business is conducted.

§  The New York Police Department is exempt from this requirement as they provide services in districts which do not contain their precinct.

• Location:
  • Street festivals should be consolidated:

§  In the instance of two events occurring on the same avenue/ neighborhood on adjacent weekends, the two events should instead share two distinct areas within the same avenue/ neighborhood on the same day so as to reduce the overall frequency of festivals within the district.

§  Festivals should only be located on the avenues, rather than side streets, and should avoid predominantly residential neighborhoods altogether.

• Notification:
  • Sponsoring entities should be required to provide a contact number for local residents to call in the event that they have concerns regarding the festival.

§  Contact numbers should be given to the Community Board 5 office.

§  The sponsoring entity should be required to post signage, on tents or other structures under their ownership, prompting individuals to call 311 with any concerns regarding the event. (note: signage should not be posted on public property of any kind).

§  The Community Board 5 web-site should have a listing of street closures and street festivals for each calendar year.

• Vendors:
  • Vendor booths should be located in the center of the street, back-to-back so that they face the permanent businesses and thereby include the open-for-business establishments, provided that such orientation is not prohibited under existing regulations and provided such orientation provides an appropriate emergency vehicle lane.

Recommendations to Cristin D. Burtis, Executive Director, The Mayor's Office of Citywide Event Management and Coordination (CECM):

• Location:

o   Street festival organizers should incur a "Request for Proposals" process with CECM whereby organizers submit proposals for specific locations that have been pre- selected by CECM for closure over the event season.

§  The frequency and geographic distribution of these locations should be strictly limited or banned in residential neighborhoods.

§  Street festival organizers would not be allowed to propose locations that deviate from those set by CECM.

• Notification:

o   Postings of street festival schedules and street closures must occur one week before the event and then again 48 hours before the event in the neighborhood to ensure proper community notification.

§  CECM should encourage street festival organizers to post notification through web-sites and other appropriate local media.

o   When applicable, the non-profit beneficiary of funds generated from the street fairs should be clearly and prominently identified in all promotional signage and should also be well-represented at the fair.

• Vendors:
  • CECM should require street festival organizers to locate booths back-to-back in the center of a street so as to face the brick-and-mortar businesses, and thereby including them in the flow of pedestrians.

o   CECM should strongly encourage street festival organizers to offer each interested local businesses one vending booth free of charge.

o   Point of Sale:

§  Current vendor systems are not regulated by CECM; therefore, accurate profits made at street festivals are difficult to determine.     

§   CECM should provide city-managed Point of Sale (POS) machines to street festival organizers, who then distribute these systems to city-approved vendors at their events.

• Reference the current Parks Department system with approved vendors.

§  These POS machines should be linked to an internal system, whereby CECM can track and analyze the data gathered, and can determine actual profits made at each event by each vendor.

§  Per the above, CECM should now oversee the distribution of funds to non-for-profit sponsoring entities based on a set percentage of profits gained by the festival organizers. (Where applicable).

• This is an effort to ensure that the non-for-profit entity receives the appropriate amount of donated funds.

Recommendations to the NYC Department of Consumer Affairs:

• The NYC Department of Consumer Affairs (DCA) Temporary Street Fair Vendor Permit fee should be raised from $10.00 per applicant per month to $15.00 per applicant per month.
• A portion of the DCA Temporary Street Fair Vendor Permit should be allocated to local Business Improvement Districts through the NYC Department of Small Business Services to be used for neighborhood and community improvements.

Recommendations to the NYC Department of Health and Mental Hygiene:

• Food vendors :
  • NYC Department of Health and Mental Hygiene Food Protection Course Certificates should be mandatory for all food vendors who do not have a current Restaurant Permit irrespective of the number of events they are participating in for the calendar year.
  • All food vendors should fall under the DOH requirements for brick-and-mortar restaurants.

§  These include: calorie postings when vending at more than 15 locations throughout a calendar year, hand-washing facilities, restrooms, etc.