March 2010

WHEREAS, Community Board Five has received the following applications for street festivals:

• Innovative Community Enterprises, Inc., on Madison Avenue, between 42^nd and 57^th Streets, on Monday, May 31
• National Ethnic Coalition of Organizations, Inc., on Madison Avenue, between 42^nd and 57^th Streets, on Sunday, July 11
• Daytop, on Madison Avenue, between 42^nd and 57^th Street, on Sunday, August 22
• The Workmen's Circle, Inc., on Madison Avenue, between 42^nd and 57^th Streets, on Sunday August 15
• American Diabetes Association, on Madison Avenue, between 42^nd and 57^th Streets, on Saturday, October 30
• Cathedral of St. Patrick's - Archdiocese of NY, Young Adults, on Madison Avenue, between 42^nd and 57^th Streets, on Sunday, November 7
• Union Square Community Coalition, Broadway, between17th and 23^rd Streets, on Sunday, April 11
• The Manhattan Republican Club, on Broadway, between 17^th and 23^rd Sts, on Saturday, October 23
• Holy Innocents, on Broadway, between 47^th and 57^th Streets, on Sunday, October 24
• The Alliance of Guardian Angels, Inc. on Broadway, between 47^th and 57^th Streets, on Saturday, September 18
• Coalition of Italo-American Assoc. Inc.; on Broadway, between 47^th and 57^th Streets, on Sunday, May 23
• The Motion Picture Club, on Broadway, between 47^th Street and 57^th Street, on Sunday, July 18
• Big Apple Performing Arts, on Broadway, between 47^th and 57^th Streets, on Sunday, August 29
• St. Francis Church of Assisi, Broadway, between 31^st & 32^nd Streets, Sunday, May 23
• International Immigrants Foundation, on Avenue of the Americas, between 42^nd and 56^th Streets, on Saturday, June 5
• Church of St. John the Baptist, on Sixth Avenue, between 23^rd and 33^rd Street, Saturday, June 26
• McBurney YMCA, 6^th Avenue, between 14^th and 23^rd Streets, on Saturday, July 3
• USO of Metropolitan New York, on Avenue of the Americas, between 42^nd and 56^th Streets, on Saturday, July 3
• Avenue of the Americas Association, on Avenue of the Americas, between 42^nd and 56^th Streets, on Saturday, July 31
• 23^rd Street Association, on 6^th Avenue, between 14^th and 23^rd Streets on Saturday, August 14
• Brazilian American Cultural Center Inc., on Avenue of the Americas, between 42^nd and 56^th Street, on 46^th Street, between Madison and 5^th and 46^th Street, between 6^th and 7^th Avenues on Sunday, September 5
• St. Ceciles Scholarship Fund, 6^th Avenue, between 14^th and 23^rd Streets, on Saturday, August 14
• Global Role Models, Inc., on Avenue of the Americas, between 42^nd and 56^th Streets, on Saturday, October 9
• Midtown South Community Council, on 6^th Avenue, between 32^nd and 42^nd Streets, on Sunday, October 31
• 52 Association for the Handicapped, Inc (Children's Leukemia Research Association), on 52^nd Street, between Lexington and Seventh Aves., on Sunday, July 25
• Auxiliary Police Benevolent Association Inc., on 52^nd Street, between 5^th & 6^th Aves, on Sunday, April 11
• 14^th Street-Union Square LDC, on Park Avenue South, between 17 and 23^rd Streets, on Saturday, July 10
• Pershing Square Urban Plaza, on Park Ave, between 40^th and 41^st Streets, from Monday, April 5 to Sunday, October 31
• Midtown North Precinct Explorers Club, 45^th Street, between 6^th and 7^th Avenues, on Sunday, April 18
• Earth Day New York, on Vanderbilt Avenue, between 42^nd and 45^th Streets, on Friday and Saturday, April 23-24
• Kidney Urology Foundation, on Lexington Ave, between 34^th and 42^nd Streets, on Saturday, June 5
• United War Veterans Council of NY, Inc. on 56^th Street, between Madison and 6^th Avenues, on Thursday, November 11
• Meretz/Israeli Civil Rights Education Fund, on Lexington Avenue, between 34^th and 42^nd Streets on Sunday, July 4
• St. George Assoc., Inc. (NYPD), on 45^th Street, bet. 5^th and 7^th Avenues, on Saturday, November 13 and Sunday, November 14
• Taste of Times Square, West 46^th Street, between Broadway and 9^th Avenue and Broadway Pedestrian Plazas, between 42^nd and 47^th Street, Monday, June 7.
• 47^th Street Block Association, on 8^th Avenue, between 42^nd and 57^th Street, on Sunday, September 19
• Midtown North Community Council, on 8^th Avenue, between 42^nd and 57^th Streets, on Sunday, October 10
• The Korea times & KAAGNY, on 32^nd St., between Broadway and 5^th Ave, on Saturday, October 2
• Fashion Institute of Technology, block party on 27^th St., between 7^th & 8^th Aves, on Saturday, May 1

WHEREAS, The sponsors of these events are located within the boundaries of Community Board Five district, or have jurisdiction over Community Board Five, and

WHEREAS, These events are held every year without incident; and

WHEREAS, The sponsors abide by Community Board Five Street Activity Permit Policies, therefore be it,

RESOLVED, That Community Board Five approves the above-mentioned applications.

The above resolution passed by a vote of 32 in favor; 4 opposed; 2 abstaining.

WHEREAS, the applicant, Copel 2007 Inc., is applying for an unenclosed sidewalk café along the northerly side of East 19^th Street between Broadway and Park Avenue South, and

WHEREAS, the applicant agreed to Community Board Five recommended hours of operation to 11pm closing time from Sunday to Thursday and midnight on Fridays and Saturdays, and

WHEREAS, the unenclosed sidewalk café would only have 3 tables and 6 seats, leaving 9'10'' for pedestrian traffic, and

WHEREAS, the proposed unenclosed sidewalk café would not have a substantially negative impact on pedestrian traffic; therefore be it,

RESOLVED, that Community Board Five recommends approval of the Application for an unenclosed sidewalk café at 39 East 19^th Street.

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

WHEREAS, The Ancient Order of Hibernians wants to organize a street fair on Avenue of the Americas between 42nd and 57th Street, on Saturday, August 21^st, 2010, and

WHEREAS, The discrimination practices of the Ancient Order of Hibernians are against Community Board Five Street Activity Permit Policies, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to hold a street fair on Avenue of the Americas between 42nd and 56th Street, on Saturday, August 21^st, 2010.

The above resolution passed by a vote of 36 in favor; 0 opposed; 2 abstaining.

WHEREAS, Community Board Five has received the following application:

• Congress of Racial Equality, on Broadway, between 47^th and 57^th Street, on Sunday, August 1

WHEREAS, Over the years, SAPO has relocated street fairs so that the events take place within the board where the sponsoring entity is located, and

WHEREAS, The sponsor for the above-mentioned application is not located within Community Board Five, nor do they have jurisdiction over the district, and

WHEREAS, CORE already conducts a street fair in CB#2, where its headquarters is located, therefore be it

RESOLVED, That Community Board Five recommends denial of the above-mentioned application for Congress of Racial Equality for street event on Sunday, August 1^st.

The above resolution passed by a vote of 28 in favor; 9 opposed; 1 abstaining.

WHEREAS, Community Board Five has received the following applications for street festivals:

WHEREAS, Church of Scientology has applied for a permit to conduct a block party, on 46^th Street, bet. Broadway and 8^th Avenues, Sunday, June 27, and

WHEREAS, Church of Scientology is headquartered on that block, and

WHEREAS, Church of Scientology has held this event for 7 years, and

WHEREAS, Two theaters, the Lunt-Fontanne and the Richard Rodgers, are located on this block, as well as the exit doors for the Imperial Theater, and

WHEREAS, in 2009, opposition against street fairs on West 46^th Street between Broadway and 8^th Avenue  on matinee days was voiced by the theaters, and

WHEREAS, Community Board 5 encourages applicant and businesses located on the block to engage in dialogue to find solutions, and mitigate the negative impact these events have on their surroundings, therefore be it,

RESOLVED, that Community Board Five recommends approval of the Church of Scientology block party this year with the understanding that in 2011, the event will be approved only if a letter of no objection is provided by all theaters located on the block.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, Community Board Five has received the following applications:

• Gramercy Park Block Association, Broadway, between 17^th and 23^rd Streets, on Saturday, October 2
• Gramercy Park Neighborhood Association, Broadway, between 17^th and 23^rd Streets, on Saturday, May 8
• Gramercy Stuyvesant Independent Democrats, Broadway, between 17^th and 23^rd Streets, on Sunday, November 7
• NY Young Republican Club, on Broadway, between 47^th and 57^th Streets, on Saturday, June 19

WHEREAS, Over the years, SAPO has relocated street fairs so that the events take place within the board where the sponsoring entity is located, and

WHEREAS, The sponsors for the above-mentioned applications are not located within Community Board Five, nor do they have jurisdiction over the district, therefore be it

RESOLVED, That Community Board Five recommends denial of the above-mentioned applications.

The above resolution passed by a vote of 22 in favor; 15 opposed; 1 abstaining.

WHEREAS, Community Board Five has received the following applications:

• San Lorenzo Ruiz/Filipino Apostolate (St. Patrick Cathedral), on 51^st Street, between Madison and 5^th Aves, on Sunday, September 19
• The Pinwheel Group Inc., block party on 16^th Street, between 5^th & 6^th Avenues, on Sunday, October 3.

WHEREAS, these are all new applications, and

WHEREAS, the NYPD has instituted a moratorium last year on permit applications for first-time fairs, and

WHEREAS, Community Board Five supports the NYPD moratorium, therefore be it

RESOLVED, That Community Board Five recommends denial of the above-mentioned applications.

The above resolution passed by a vote of 37 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the southeast corner (SEC) of West 56^th Street & 6^th Avenue; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic (which is already very heavy in this major office corridor, with even heavier traffic during the holiday season with Rockefeller Center, Radio City, and Central Park nearby)  and further add to congestion and create an unsafe condition; and

WHEREAS, There are three (3) other newsstands nearby, on 55^th Street and 6^th Avenue and on the southwest and northeast corners of West 57^th Street and 6^th Avenue, and a Universal News/UPS retailer across from the corner (Westside of 6^th Avenue near 56^th Street) that sells essentially the same items that the Applicant would sell; and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC everyday; and

WHEREAS, Community Board Five recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SEC West 56^th Street & 6^th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

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

WHEREAS, Community Board Five has received the following application:

• World Heritage Cultural Center, Central Park South and 59^th Street, on Saturday, June 5, 2010

WHEREAS, this is a new application, and

WHEREAS, the NYPD has instituted a moratorium last year on permit applications for first-time fairs, and

WHEREAS, Community Board Five supports the NYPD moratorium and, further, this event is adjacent to the International Immigration Foundation's approved event on 6^th Avenue between 42^nd and 50^th Street at the same time, therefore be it

RESOLVED, That Community Board Five recommends denial of the above-mentioned application.

The above resolution passed by a vote of 37 in favor; 0 opposed; 1 abstaining.

WHEREAS, Union Square Hospitality Group has applied for a Special Events Permit for the use of Madison Square Park in order to conduct the Big Apple Barbeque on Saturday June 12 and Sunday June 13, 2010 between the hours of 12:00 PM and 6:00 PM; and

WHEREAS, Union Square Hospitality Group has applied for a Street Activity Permit for the use of:

• Madison Avenue between East 23^rd Street and East 26^th Street; and
• East 24^th Street and East 25^th Street, between Madison Avenue & Park Avenue South; and
• East 26^th Street, between Fifth Avenue and Madison Avenue on Friday June 11, Saturday June 12, and Sunday June 13, 2010; and

WHEREAS, Set up would begin on Friday June 11, 2010 at 7:00 PM, and dismantling and clean-up would begin on Sunday June 13, 2010; and

WHEREAS, The applicant has agreed to leave the park and surrounding area in pristine condition; and

WHEREAS, This event would be a fund raiser for the Madison Square Park Conservancy with an approximate donation of $100,000.00; and

WHEREAS, This event would be open to the public; and

WHERAS, This event would bring an exciting part of Americana to NYC; and

WHEREAS, Refrigerated trucks would be located on East 24th Street to prevent disturbance to individuals residing in buildings surrounding Madison Square Park; and

WHEREAS, During the set-up and dismantling periods, NYPD would have a presence to make sure this is done in as quiet a manner as possible as not to disturb those living around the park; and

WHEREAS, The applicant would make arrangements with all of the pertinent agencies to ensure that:

• MTA and DOT would provide the public with advance notice that the buses will be rerouted during this event; and
• MTA would provide additional crews to keep the 23rd Street Station clean during the event, as well as staff to help with directions, and dispatchers posted at the bus stops; and
• NYPD would make sure that no one is parked in the bus stops, and would also monitor for double parking; and

WHEREAS, In order to keep the motor vehicle traffic moving while ensuring the safety of pedestrian crossing, NYPD would provide traffic officers to cover the corners of:

• East 23rd Street and Broadway; and
• East 23rd Street and Madison Avenue; and

WHEREAS, As in years past, the Puerto Rican Day Parade, which takes place on Fifth Avenue between 44^th and 86^th Streets, will also occur on Sunday June 13, 2010, but the NYPD has assured us that they will be able to staff sufficiently these simultaneous events; and

WHEREAS, There would be amplified sound, for which the applicant would obtain the required permits, and would monitor the noise levels and duration, as not to disturb those living around the park; and

WHEREAS, Sanitation has agreed to make extra pickups of the trash throughout the entire Flatiron Business Improvement District and the BID staff would bag all the trash in receptacles for pickup, thus ensuring that the entire surrounding area would be kept as clean as possible; and

WHEREAS, The beer area would be cordoned off and sufficiently patrolled, and the permits from the SLA would be posted; and

WHEREAS, In order to manage the crowds, and the flow of pedestrian traffic, particularly near the 23^rd Street and Broadway entrance, Madison Square Park would be secured by a full complement of NYPD officers as well as private security hired for the event; and

WHEREAS, Security measures would be implemented in order to ensure that the playground remains safe and accessible to smaller children; and

WHEREAS, In the efforts to improve this event, Union Square Hospitality Group has maintained and will continue a constructive dialogue with Community Board Five, Madison Square Park Conservancy, NYC Department of Parks & Recreation, Flatiron Business Improvement District, New York Police Department, Department of Transportation, Metropolitan Transit Authority, NYC Street Activities Permit Office, Department of Sanitation, and the area's residents; therefore, be it

RESOLVED, That Community Board Five recommends approval of Union Square Hospitality Group's applications to conduct the Big Apple Barbecue on Saturday June 12 and Sunday June 13, 2010.

The above resolution passed by a vote of 32 in favor; 5 opposed; 1 abstaining.

WHEREAS, New York City's teen pregnancy rates are higher than the national average.  U.S. teens have higher rates of pregnancy and sexually transmitted infections than teens in most developed nations; and

WHEREAS, 15-to-24 year-olds represent only one-quarter of the sexually active population, yet they account for nearly half of all new sexually transmitted infection's each year; and

WHEREAS, CB5 is covered by two sections used by the United Hospital Fund to measure teen pregnancy, area 306 - Chelsea-Clinton and area 307- Gramercy Park-Murray Hill; and

WHEREAS, In 2007, 5.4% of young women ages 15-19 in area 306 became pregnant (1 in 18).  3% of young women ages 15-19 in area 307 became pregnant; and

WHEREAS, Chelseahas the city's HIGHEST Gonorrhea rate for young men ages 15-19, with .9% of male teens contracting the disease in 2008; and the city's 2nd highest Gonorrhea rate for young women ages 15-19, with 1.4% of female teens contracting the disease in 2008; Chelsea also has the city's 7th highest Chlamydia rate for young women ages 15-19, with 1 in 12 female teens contracting the disease in 2008; the city's 4th highest Chlamydia rate for young men ages 15-19, with about 1 in 30 male teens contracting the disease in 2008; while in Gramercy/Murray Hill, 1.4% of young women ages 15-19  and .6% of young men ages 15-19 contracted  Chlymadia in 2008 and.17% of young women ages 15-19 and .16% of young men ages 15-19 contracted Gonorrhea in 2008; and

WHEREAS, Half of all new HIV infections in the United States occur among people under the age of 25; and Chelsea-Clinton has 167.5 HIV diagnoses per 100,000 population (the highest in the City) and,

WHEREAS, According to the New York City Department of Health, about half of high school students say they've had sex, about one in three high school students are currently sexually active; and

WHEREAS, Only two-thirds of New York City's sexually active youth report using condoms, and one in five girls did not use any birth control the last time they had sex; and

WHEREAS, Research shows comprehensive sex education programs delay the initiation of sex and increase the use of contraception. It has also shown to reduce the number of sexual partners, and increase condom and contraceptive use; and

WHEREAS, the proposed sex education curriculum includes education around Intimate Partner Violence, behavior that is statistically on the rise among teenagers; and

WHEREAS, An overwhelming majority of parents support sex education and believe it's already being taught. A full 77% of registered voters in New York State mistakenly think sex education is currently a part of the required school curriculum, while an even larger 85% want comprehensive sex education to be taught in school, according to a poll recently conducted by Hart Research Associates; and

WHEREAS, Neither New York City nor New York State require or fund comprehensive sex education to be taught in schools. In New York City, whether sex education is taught, when it's taught, how often and by whom is up to each individual principal; and

WHEREAS, The New York City Department of Education has a recommended sex education curriculum and offers the curriculum and training to schools free of charge; and

WHEREAS, according to New York State law, any parent who does not wish to have their child given sex education in NYC schools can send a note to the principal requesting they not be taught sex education and,

WHEREAS, Planned Parenthood New York City (PPNYC) has been in New York City for over 90 years providing confidential health care services to the women, men and teens of New York City regardless of their ability to pay as well as innovative educational workshops on sex education, peer education, technical assistance, and professional training to communities throughout the city; and

WHEREAS, PPNYC launched "We're Going to the Principals Office" campaign in the fall of 2009. This campaign sets out to empower local parents with the tools they need to effectively advocate for medically accurate, age-appropriate sex education within their own public school; therefore be it

RESOLVED, that Community Board Five supports Planned Parenthood of New York City's "We're Going to the Principals" campaign as a method to empower parents to advocate for sex education in their individual schools with their principals with the ultimate goal of increasing access to sex education for every New York City student.

The above resolution passed with a vote of 34 in favor, 0 opposed, 1 abstention.

WHEREAS, 888 Broadway and 873 Broadway are buildings located in the Ladies Mile Historic District and the Landmarks Preservation Commission Designation Report specifies that the "... district also retains a variety of historic paving materials ... granite and bluestone sidewalk slabs as well as granite curbing in some areas"; and

WHEREAS, A approval is being sought by Consolidated Edison to modify the sidewalk vaults adjoining the historic properties located at 888 Broadway and 873 Broadway in order to accommodate new transformers needed to upgrade electrical service to that section of the Ladies' Mile Historic District; and

WHEREAS, The applicant has obtained consents from the building owners affected by this project to proceed with the installations which are similar to others already completed elsewhere in the City; and

WHEREAS, The applicant, Consolidated Edison, has developed a plan to install new transformers in the vaults that will have minimal impact on the historic granite sidewalks and curbstones in the affected area; and

WHEREAS, The applicant will make every effort to reuse and reinstall the historic granite paving materials, including veneer pavers on the roof hatchways, before resorting to matching the granite with tinted concrete; and

WHEREAS, The applicant has agreed to conduct an engineering study prior to commencing work to ensure the safety of the installed transformers and vault walls in case of fire or explosion to the adjacent oil tanks and mechanical equipment; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application to modify the vaults and install new more serviceable transformers adjacent to the locations at 888 and 873 Broadway in the Ladies' Mile Historic District.

The above resolution passed by a vote of 32 in favor; 2 opposed; 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, Bullets 4 Peace has submitted an application to present a fashion show with live celebrity performances in Father Duffy Square on Tuesday, September 21, 2010, between the hours of 7:00 PM and 12:00 AM, requiring set-up to begin at 1:00 AM and dismantling and clean-up to be completed by 3:00 AM; and

WHEREAS, The fashion show would be part of an evening-length gala benefit that also includes dinner and a party at the Renaissance Hotel; and

WHEREAS, Proceeds from the benefit would be donated to partnering charitable organizations including Raising Malawi, Yungchen Lhamo, Safe Passage, Aqua Foundation for Women and Kids Creating Peace, among others; and

WHEREAS, Approximately 200-300 Gala attendees would have reserved seating for the fashion show and performances, and otherwise the event would be open to the public; and

WHEREAS, The fashion show would feature clothing and jewelry designed by Rafi Anteby; and

WHEREAS, The jewelry is made from used bullet casings, which are transformed into works of art featuring positive messages of peace, and would be worn by live models body-painted to match the design of the jewelry; and

WHEREAS, The physical set-up would include a stage with video screens in the south end of the square and a runway extending north to near the Father Duffy statue; and

WHEREAS, Although there is a charitable focus to the event, there is also a promotional aspect to the activities; and

WHEREAS, Although the proposed event provides an opportunity for the public to attend a fashion show and live celebrity performances, the public will be excluded from the reserved seating area, and the event will fill a large portion of the park for an entire day; and

WHEREAS, Although Community Board Five is supportive of the art of fashion, we have repeatedly taken the position to deny access to our parks for special events that are exclusive, commercial, and overwhelming in scale; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by Bullets 4 Peace to conduct a fashion show with live entertainment in Father Duffy Square on Tuesday, September 21, 2010. 

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, Coyote Love Entertainment, a not-for-profit organization, has submitted an application seeking permission to perform a live music performance in the south end of Union Square Park on Saturday, May 22, 2010 between 1:00 PM and 3:00 PM, requiring set-up to begin at 12:00 PM and dismantling and clean-up to be completed by 4:00 PM; and

WHEREAS, the performance will be free of charge and open for public attendance; and

WHEREAS, social consciousness is a big aspect of their mission, the applicant will seek to use this performance to partner with and support a non-profit organization yet to be determined; and

WHEREAS, some of the organizations and causes that Coyote Love has previously targeted are - The Campaign for Burma, Human Rights in Tibet, the ASPCA, "Sustainable South Bronx" and other local ecological and sustainable living causes; and

WHEREAS, The applicant will have one banner for the performances with the group's name and the name of the non-profit sponsor; and

WHEREAS, The applicant will have one small table for the distribution of free pamphlets and brochures related to the non-profit and free copies of the applicant's CD; and

WHEREAS, The applicant will have amplified sound provided and is expected to apply for all of the required sound permits; therefore, be it

RESOLVED, That Community Board Five Parks Committee recommends approval of the application by Coyote Love Entertainment, LLC. to conduct a live music performances in Union Square Park on Saturday, May 22, 2010

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

 WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, Weddings Done Wright LLC , is seeking permission to run a kissing booth in Father Duffy Square on Saturday, March 20, 2010, between the hours of 11:00 AM and 1:00 PM; and

WHEREAS, According to material submitted by the applicant during Community Board Five's March 1st 2010 Parks Committee Meeting, load-in would begin at 10:00 AM, breakdown would begin at 1:00 PM, and be completed by 2:00 PM; and

WHEREAS, The concepts of proposed event, known as the "Kiss Your Finacee Day" have been described as the following:

1.       A "Kissing Booth" would be dropped off via a van to Father Duffy Square where it would be positioned just in front of the Father Duffy statue where it would stay for the duration of the event and be picked up immediately following.

2.       The event would consist of couples being invited to kiss at the booth and have their photos taken by professional wedding photographers.

3.       Signage would be no larger than 41" X 24" X 41" and refer exclusively to the title of the event and the non-profit organization Making Memories.

4.       Press would be invited to cover the event but there would be no official press event.    

WHEREAS, The temporary stage infrastructure and equipment required for this proposed event seem to take-up a small footprint within Father Duffy Square and short duration of time that would allow for either spectators or other visitors to easily access the TKTS bleachers and other areas surrounding the barricaded event space; and

WHEREAS, The intended beneficiary of this proposed event is "Making Memories" a non-profit that helps support brides with breast cancer.

WHEREAS, Community Board Five believes that the public awareness and educational benefits provided by this proposed special event far outweigh the corporate sponsored commercial aspects; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Weddings Done Wright, to conduct the "Kiss Your Fiancee Day" event in support of the non-profit organization Making Memories in Father Duffy Square on Saturday, March 20, 2010.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, Marlin Entertainment has submitted an application to promote AMC Television's new program "Breaking Bad" in the north plaza of Union Square Park on Thursday March 18, 2010, between the hours of 10:00 AM and 8:00 PM; and

WHERAS, The applicant has proposed to have a 53'-0" long, 92 seat mobile movie trailer parked in the north plaza of Union Square, in which screenings of an eight minute long film promoting "Breaking Bad" would be exhibited throughout the day; and

WHEREAS, The mobile movie trailer is almost entirely emblazoned in promotional signage; and

WHEREAS, This proposed event would feature corporate sponsors, logos and products that constitute 100% commercial use of Union Square Park, and Community Board Five has repeatedly denied access to its parks for events that are strictly or predominantly commercial; therefore be it

RESOLVED, that Community Board Five recommends denial of the application by Marlin Entertainment to present a promotional screening of AMC Television's "Breaking Bad" in Union Square Park on Thursday March 18, 2010.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, Union Square Partnership has submitted an application seeking permission to conduct a special event in the west plaza of Union Square Park on Tuesday September 21, 2010, between the hours of 6:00 PM and 9:00 PM; and

WHEREAS, The proposed special event known as Harvest in the Square is an annual food and wine tasting fundraiser involving various local restaurants; and

WHEREAS, Tickets for Harvest in the Square would be sold for $125.00 for General Admission, and $400.00 for VIP, and it is anticipated that this event would attract approximately 1,200 participants; and 

WHEREAS, The proposed special event would require set-up to begin on Monday September 20, 2010 at 6:00 PM, and dismantling and clean-up to be completed before 6:00 AM on Wednesday September 22, 2010; and

WHEREAS, There is a long-standing precedent for the Harvest in the Square fundraiser in Union Square Park; and

WHEREAS, Union Square Partnership has agreed that when presenting future event applications that they will clearly state whether or not those events are occurring concurrently with previously approved special events; and

WHEREAS, If there are any material changes in the event from previous years, i.e. signage, set-up, scale, location, and/or ancillary activities, Union Square Partnership has agreed to return and present these changes to Community Board Five; therefore, be it

RESOLVED, That Community Board Five recommends approval of Union Square Partnership's application to conduct their Harvest in the Square annual fundraiser in Union Square Park on Tuesday September 21, 2010.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Sun & Moon Ventures Corp. has notified Community Board Five of their intent to apply to the NY State Liquor Authority for on-premises liquor license for the premises located at 10 West 32^nd Street; and

WHEREAS, CB 5 receives approximately 40-50 liquor license/wine/renewal/cabaret applications per month; and

WHEREAS, In order for CB5's Public Safety/Quality of Life Committee to determine whether or not the applicant is to come before the committee and the full board, research is done that includes information regarding square footage, public assembly, sound amplification and hours of operation as well as a site visit and discussion with the applicant; and

WHEREAS, Applicants and/or their attorneys are notified to provide such information regarding their request to the Community Board office in the form of a questionnaire; and

WHEREAS, This questionnaire is posted on the CB5 website and made available to applicants and, as noted on the questionnaire, is due one week after their letter of intent is received at the board office; and

WHEREAS, Each month after the deadline, numerous follow-up phone calls/emails, are made by the board office and in some cases this request for information is ignored; and

WHEREAS, Those applicants/attorneys who do not comply are called and apprised in writing that the information requested in the questionnaire is an essential part of the process; and

WHEREAS, The same applicants/attorneys are also apprised that a negative resolution will be presented to the full board by the committee with the ONLY exception being that the board office receives a letter (copy to State Liquor Authority) requesting postponement until next month and with the notation that said application to the State Liquor Authority will not be submitted until after the applicant/attorney meets with the PS/QL Committee; and.

WHEREAS, Notification from this applicant was received at the board office in January 2010 and several attempts have been made to receive the requested/required questionnaire or information regarding this application; and

WHEREAS, To date, no questionnaire or information has been received from this applicant; and

WHEREAS, The PS/QL Committee and CB 5 have insufficient information regarding the above application; therefore be it

RESOLVED, That Community Board Fiverecommends denial of the application for an on-premises liquor license for Sun & Moon Ventures Corp. for the premises located at 10 West 32^nd Street.

The above resolution passed  by a vote of 34 in favor; 0 opposed; 2 abstaining. 

WHEREAS, The applicant, Manhattan Ding Dong Dang Music Studio Inc. has notified Community Board Five of their intent to apply to the NY State Liquor Authority for beer license for the premises located at 32 West 32^nd Street; and

WHEREAS, CB 5 receives approximately 40-50 liquor license/wine/renewal/cabaret applications per month; and

WHEREAS, In order for CB5's Public Safety/Quality of Life Committee to determine whether or not the applicant is to come before the committee and the full board, research is done that includes information regarding square footage, public assembly, sound amplification and hours of operation as well as a site visit and discussion with the applicant; and

WHEREAS, Applicants and/or their attorneys are notified to provide such information regarding their request to the Community Board office in the form of a questionnaire; and

WHEREAS, This questionnaire is posted on the CB5 website and made available to applicants and, as noted on the questionnaire, is due one week after their letter of intent is received at the board office; and

WHEREAS, Each month after the deadline, numerous follow-up phone calls/emails, are made by the board office and in some cases this request for information is ignored; and

WHEREAS, Those applicants/attorneys who do not comply are called and apprised in writing that the information requested in the questionnaire is an essential part of the process; and

WHEREAS, The same applicants/attorneys are also apprised that a negative resolution will be presented to the full board by the committee with the ONLY exception being that the board office receives a letter (copy to State Liquor Authority) requesting postponement until next month and with the notation that said application to the State Liquor Authority will not be submitted until after the applicant/attorney meets with the PS/QL Committee; and.

WHEREAS, Notification from this applicant was received at the board office in January 2010 and several attempts have been made to receive the requested/required questionnaire or information regarding this application; and

WHEREAS, To date, no questionnaire or information has been received from this applicant; and

WHEREAS, The PS/QL Committee and CB 5 have insufficient information regarding the above application; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for a beer license for Manhattan Ding Dong Dang Music Studio for the premises located at 32 West 32^nd Street.

The above resolution passed by a vote of 34 in favor; 0 opposed; 2 abstaining.

WHEREAS, CDR Acquisitions, LLC, ("Applicant"), has notified Community Board Five of its intention to file an application for a new on premises liquor license for the ground floor restaurant and gentlemen's club located at 33-39 East 21st Street, New York, New York (the "Premises"); and

WHEREAS, the Premises consist of 10,000 square feet of space on the ground floor and 2,000 on the basement level, with the basement level being used solely for storage, bathrooms, office space and a food preparation area; and

WHEREAS, the Premises is a two-part establishment with one side operated exclusively as a nightclub, restaurant, and bar with 20 tables and 100 seats (including banquette seating) for dining and 20 bar stools; and the other side operated exclusively as a gentlemen's club, with 22 tables and 70 seats (including banquette seating) and 13 bar stools; and

WHEREAS, the principals of Applicant are the same as the principals of the current owner but the ownership and license are being transferred for corporate reasons; and

WHEREAS, the Applicant has agreed that it shall:

a)      operate the Premises as a restaurant and gentlemen's club with seated bar and dining service only, with private parties being deemed included in restaurant use but promoter-driven events being deemed specifically excluded from restaurant use;

b)      be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part):

(i)      at all times Applicant shall remain responsible for and in complete control of the Premises and its patrons and

(ii)    all material positions of operation shall be the employees of the Applicant at all times; and

c)      at all times when the Premises is being used for more than just restaurant use, maintain no less than three (3) dedicated security personnel in and in front of the Premises at all times and a fourth (4^th) on Thursday, Friday and Saturdays 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 immediately after closing, and

d)      ensure that Security personnel shall all times be directed and supervised by employees of Applicant;

e)      discourage customers from loitering outside the Premises at any time, whether for smoking, cell phone use or any other purpose;

f)       arrange for private garbage pickup and store garbage in a manner so as not to cause a disturbance or annoyance to its neighbors;

g)      meet with neighbors and CB5 if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Applicant agreed to return to CB5 in six (6) months to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; 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, 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 Fiverecommends denial of an on premises liquor license for CDR ACQUISITIONS, LLC for a new on premises liquor license for the ground floor restaurant and gentlemen's club located at 33-39 East 21st 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 34 in favor; 0 opposed; 2 abstaining.

WHEREAS, New Lounge 4324 LLC, ("Applicant"), has notified Community Board Five of its intention to file an application for the renewal of an on premises liquor license for the ground floor bar/restaurant located at 55 W 21st Street, New York, New York (the "Premises"); and

WHEREAS, the Premises consist of an estimated 5,000 square feet of usable floor space, subdivided as follows: 2,500 square feet of space on the ground floor level and 2,500 on the basement level, with the basement level being used solely for: storage, private bathrooms, office space and a food preparation area.; and

WHEREAS, the Premises will be operated predominantly as a restaurant, bar and lounge; and

WHEREAS, the Applicant has agreed that it shall:

a)      operate the Premises as a restaurant, bar and lounge with seated bar and dining service, and be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part):

(i)      at all times Applicant shall remain responsible for and in complete control of the Premises and its patrons and

(ii)    all material positions of operation shall be the employees of the Applicant at all times; and

b)      at all times when the Premises is being used for more than just restaurant, bar, lounge use, maintain no less than three (3) dedicated security personnel in, and in front of, the Premises at all times and a fourth (4^th) on Thursday, Friday and Saturdays to

(i)      maintain order both inside and outside of the Premises;

(ii)    ensure that patrons enter and leave the Premises and 21^st Street in a peaceful, quiet and respectful manner;

(iii)   discourage patrons from congregating outside the Premises, and

(iv)  use best efforts to have 21^st  Street cleared of all patrons within one-half hour of closing. 

c)      ensure that Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant;

d)      engage a sound engineer (Acoustilog Inc., or other engineer reasonably satisfactory to CB5), to inspect the Premises and make structural and sound system recommendations to ensure that sound does not leak at anytime from the inside of the Premises through the walls, windows or doors to the neighboring or adjoining residences.  A copy of the sound engineer recommendations shall be provided to CB5;

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

f)       not utilize an exterior "velvet rope" door policy, provided that exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

g)      provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, Applicant will maintain an outdoor area in front of the Premises and will encourage its customers to use that area for smoking and cell phone use and shall discourage customers from loitering outside the Premises on 21^st  Street,

h)      monitor the smoking area by a security presence after 11 pm on all nights;

i)        arrange for private garbage pickup and store garbage in a manner so as not to cause a disturbance or annoyance to its neighbors;

j)        meet with neighbors and CB5 on a regular basis if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community and

WHEREAS, although Applicant reserves the right to incorporate the basement level of the Premises such that said portion of the Premises will be incorporated into the existing bar and lounge located on the ground floor, upon such time as Applicant is ready to undertake the expansion of the restaurant, bar, lounge into the basement level, Applicant will provide timely notice of said expansion plans to CB5, prior to filing an application(s), request for permit(s), and/or seeking consent for expansion with the New York State Liquor Authority and/or Department of Buildings; 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 Cole Bernard 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 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 Fiverecommends denial of the renewal of an on premises liquor license for New Lounge 4324 LLC, ("Applicant"), 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 34 in favor; 0 opposed; 2 abstaining.

WHEREAS, The applicant, 727 Restaurant Inc. has notified Community Board Five of their intent to apply to the NY State Liquor Authority for a renewal of on-premises liquor license for the premises located at 727 7^th Avenue; and

WHEREAS, CB 5 receives approximately 40-50 liquor license/wine/renewal/cabaret applications per month; and

WHEREAS, In order for CB5's Public Safety/Quality of Life Committee to determine whether or not the applicant is to come before the committee and the full board, research is done that includes information regarding square footage, public assembly, sound amplification and hours of operation as well as a site visit and discussion with the applicant; and

WHEREAS, Applicants and/or their attorneys are notified to provide such information regarding their request to the Community Board office in the form of a questionnaire; and

WHEREAS, This questionnaire is posted on the CB5 website and made available to applicants and, as noted on the questionnaire, is due one week after their letter of intent is received at the board office; and

WHEREAS, Each month after the deadline, numerous follow-up phone calls/emails, are made by the board office and in some cases this request for information is ignored; and

WHEREAS, Those applicants/attorneys who do not comply are called and apprised in writing that the information requested in the questionnaire is an essential part of the process; and

WHEREAS, The same applicants/attorneys are also apprised that a negative resolution will be presented to the full board by the committee with the ONLY exception being that the board office receives a letter (copy to State Liquor Authority) requesting postponement until next month and with the notation that said application to the State Liquor Authority will not be submitted until after the applicant/attorney meets with the PS/QL Committee; and.

WHEREAS, Notification from this applicant was received at the board office in January 2010 and several attempts have been made to receive the requested/required questionnaire or information regarding this application; and

WHEREAS, To date, no questionnaire or information has been received from this applicant; and

WHEREAS, The PS/QL Committee and CB 5 have insufficient information regarding the above application; therefore be it

RESOLVED, That Community Board Fiverecommends denial of the application for an on-premises liquor license for 727 Restaurant Inc. for the premises located at 727 7^th Avenue.

The above resolution passed by a vote of 34 in favor; 0 opposed; 2 abstaining.

WHEREAS, 1186 Broadway Tenant LLC, ("Licensee"), has notified Community Board Five of its intention to file an application for the alteration of its Hotel Liquor License for the Ace Hotel located at 1186 Broadway a/k/a 20 West 29^th Street, New York, New York (the "Premises").

WHEREAS, the Premises consists of 176,715 square feet of space including approximately 2,353 square feet for The Breslin restaurant on the ground floor/mezzanine and approximately 3,175 square feet for the new Corner Store Oyster Bar restaurant on the ground floor/basement of the northwest corner of the Premises; and

WHEREAS, the Premises will be operated exclusively as a hotel with no more than two (2) restaurants, with approximately 41 tables and 180 seats for dining and 23 bar/counter stools in The Breslin and approximately no more than 12 tables and 101 seats (including banquette seating) for dining and 21 bar stools in the Corner Store Oyster Bar; and

WHEREAS, Licensee has agreed to

1)      operate the Premises as a hotel with room service and mini bars and no more than two (2) restaurants with seated bar and dining service;

2)      not use any outside promoters at any time and the Licensee shall at all times remain responsible for and in complete control of the Premises and its patrons and all material positions of operations shall be the employees of the Licensee at all time;

3)      continue to maintain its dedicated security personnel at the Premises and provide additional security Thursdays, Fridays and Saturdays 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, and (iii) discourage patrons from congregating outside the Premises.  Security personnel shall be employees of Licensee, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Licensee;

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

5)      not utilize an exterior "velvet rope" door policy, provided that exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Licensee has an employee responsible for maintaining the orderliness of patrons;

6)      discourage customers from loitering outside the Premises at any time;

7)      not utilize DJ's in the restaurants of the hotel (though DJ's may be used in event space in the hotel);

8)      meet with neighbors and CB5 if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

9)      Arrange for private garbage pick up and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors; and

WHEREAS, Licensee agreed to return to CB5 in six (6) months to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, should Licensee ever intend to transfer its interest in the Premises or the business, notice shall be given to CB5 before such transfer is made, and Licensee will use reasonable efforts to have the transferee agree to the covenants set forth herein; and

WHEREAS, these agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license alteration 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 1186 Broadway Tenant LLC for the alteration of its Hotel Liquor License for the Ace Hotel located at 1186 Broadway a/k/a 20 West 29^th 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 34 in favor; 0 opposed; 2 abstaining.