WHEREAS, Jenny Umans, on behalf of TR32 Enterprise 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 on the fourth floor of 2 West 32^nd Street, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of 2,000 square feet of indoor space on the fourth floor of the Premises; and

WHEREAS, The Premises will be operated exclusively as a bar, lounge, with a total of 31 tables and 62 seats for drinking and eating light fare; there will be no bar stools; and

WHEREAS, Estimated total capacity is approximately 70 on the fourth floor including personnel and staff; and

WHEREAS, The Premises will include 1 patron bar; and

WHEREAS, Applicant shall:

a.       provide floor plans prepared by licensed architect, indicating egress path, egress calculations and occupancy load in 30 days (August 1, 2010)

b.      provide NYC DOB approved plans in 60 days (September 1, 2010)

c.       operate the Premises as a lounge with standing bar and light fare food service. Private parties shall be deemed included in Lounge Use;

d.      hours of operation Monday through Thursday 6 PM to 2 AM; Friday and Saturday 6PM through 3AM; and closed Sunday;

e.       at its option, have a live piano music to be used by patrons;

f.       prohibit dancing at the Premises at all times;

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

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

i.        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 Jenny Umans 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 application by TR32 Enterprise Corporation for an on premises liquor license within the premises to be leased to Applicant on the fourth floor of 2 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 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, Joe Regele, on behalf of Roughlock LLC ("Applicant"), has notified Community Board Five of its intention to renew an existing liquor license for the ground floor bar located at 127 West 26^th Street, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of 2,353 square feet of indoor space on the ground floor;  and

WHEREAS, The Premises is operated exclusively as a bar, with a total of 18 tables, 54 seats and 28 bar stools, with a partial kitchen serving prepared foods only; and

WHEREAS, Total capacity of the Premises is 225 and the Premises includes 2 patron bars and no service bars; and

WHEREAS, Applicant shall:

a.       agree to close and secure the front double-hung windows at 10:00pm every night of the week, keeping them closed for the remainder of the night, with no exceptions;

b.      instruct management and security personnel 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; 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;

c.       incorporate the use of a "smoking pen" with adequate security to corral smokers, control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises at any time;

d.      agree to install used-cigarette receptacles in front of Premises, if in compliance with the law, and use best efforts to maintain cleanliness of sidewalk in front of Premises;

e.       instruct staff and management that under no circumstances are alcoholic beverages to be passed through the window to patrons on the sidewalk; nor are patrons to be permitted to leave the Premises with alcoholic beverages in hand;

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

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

h.      return to CB5 in three (3) months to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; 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 application by Roughlock LLC to renew an existing liquor license for the ground floor bar located at 127 West 26^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 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Edge NYC Inc. has notified Community Board Five of their intent to apply to the NY State Liquor Authority for an original on-premises liquor license for the premises located at 162 Madison Avenue between E32nd & E33rd; and

WHEREAS, CB5 receives approximately 50-60 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 on such things as square footage, public assembly, sound amplification and hours of operation,  as well as conducting a site visit and having discussions with the applicant; and

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

WHEREAS, This questionnaire is provided 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, Numerous follow-up phone calls/emails are made by the committee and board office and in some cases this request for information is ignored; and

WHEREAS, Applicants/attorneys who do not comply are contacted and apprised 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, After numerous attempts, this applicant has not complied with this requirement, and the PSQL Committee and CB5 have insufficient information regarding the above application for an on-premises liquor license; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for an on-premises liquor license for Edge NYC Inc., for the premises located at 162 Madison Avenue between E32nd and E33rd.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, 260 COM 4 LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new on premises liquor license for new space to be leased to Applicant on the ground floor and basement of 260 Park Avenue South, New York, New York, (the "Premises"); and

WHEREAS, The Premises is located in a new twelve story condominium containing 108 residential units; and

WHEREAS, The Premises consists of approximately 6,000 square feet in the ground floor and basement of the newly constructed Premises, which space has a legal occupancy of 233 persons; and

WHEREAS, No liquor license currently exists at the Premises and the proposed use of the Premises is as a new restaurant/bar/lounge; and

WHEREAS, The proposed hours of operation of the Premises are 5:00 PM to 1:00 AM Sunday through Wednesday and 5:00 PM to 4:00 AM Thursday through Saturday; and

WHEREAS, There is some overlap in the principals of Applicant and 260 Park Avenue South LLC, the owner of the Premises; and

WHEREAS, Although the Applicant has hired a well-qualified and experienced consultant on an at-will basis, the principals of Applicant have no experience managing or operating a restaurant/bar/lounge; and

WHEREAS, Members of the community have identified twenty-six (26) establishments within 500 feet of the Premises with an on-premises liquor license; and

WHEREAS, Members of the community have offered evidence that the Premises may be within 200 feet of the Calvary Episcopal Church; and

WHEREAS, A petition opposing the application with approximately 250 signatures was presented to CB5 by members of the community; and

WHEREAS, The proposed lease to Applicant for the Premises does not contain restrictions and prohibitions with respect to use and disturbance customarily found in arms-length leases and there is concern that the overlapping relationship between principals of Applicant and the owner of the Premises would leave Applicant subject to no customary supervision or enforcement of quality of life standards by ownership; and

WHEREAS, The proposed method of operation as a new restaurant/bar/lounge open to 1:00 AM weekdays and 4:00 AM weekends for a large 6,000 sf space with a high occupancy of 233 persons is not appropriate at the location of the Premises; therefore be it

RESOLVED, that Community Board Five recommends denial of the application by 260 COM 4 LLC for a new on premises liquor license at 260 Park Avenue South, New York, New York.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, RENEGADES ASSOCIATES, INC. D/B/A/ "SPLASH BAR" ("Applicant") has notified Community Board Five of their intent to apply to the NY State Liquor Authority for the renewal of an on-premises liquor license for the premises located at 50 West 17^th Street, New York, NY at Sixth Avenue (the "Premises"); and

WHEREAS, The Premises consists of approximately 10,000 square feet: 6,000 square feet on the ground level and 4,000 in the basement level; and

WHEREAS, The Premises has a legal capacity of 599 persons: 399 on the ground level and 200 in the basement level; and

WHEREAS, On the ground level, there are 2 patron bars and approximately 40 bar stools, and

WHEREAS, On the ground level, there is a dance floor with 24 tall cocktail tables, and 72 tall chairs which are removed late evenings to accommodate dancing; and 5 tables with banquette seating, and a stage; and

WHEREAS, In the basement level there is 1 bar, 2 areas with tables and banquette seating, restrooms, offices, coat check and an employee locker room; and

WHEREAS, There are 2 sets of soundproofed doors and 2 sets of windows facing 17^th Street, which windows and doors are closed nightly no later than 9:00 PM; and

WHEREAS, Hours of operation of the Premises are 4:00 PM to 4:00 AM every day; and

WHEREAS, The Premises employs security personnel as follows:

• 4:00 PM - 9:00 PM - no less than 1 security officer
• 9:00 PM - 10:00 PM - no less than 2 security officers
• 10:00 PM - Closing - no less than 6 security officers; and

WHEREAS, Applicant maintains a smoking pen in front of the premises, which is monitored to prevent excessive noise by patrons; and

WHEREAS, Neighboring residents expressed some concern for cab congestion, noise, and trash on 17^th Street, most of which is attributable to "Retreat", a problematic establishment also on that block; and

WHEREAS, Applicant agreed to continue to monitor patron noise, cab congestion, and trash resulting from the Premises to improve conditions on 17^th Street overall; and

WHEREAS, Splash Bar has been operating at this location in excess of 19 years; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by RENEGADES ASSOCIATES, INC. D/B/A/ "SPLASH BAR" for the renewal of an on-premises liquor license for the premises located at 50 West 17^th Street, New York, NY at Sixth Avenue.

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

WHEREAS, JIN YOUNG PARK ON BEHALF OF 212 PARK INC. D/B/A "CAFÉ SPACE 212" ("Applicant") has notified Community Board Five of their intent to apply to the NY State Liquor Authority for the renewal of an on-premises liquor license for the premises located at 319 Fifth Avenue, New York, NY at 32^nd Street (the "Premises"); and

WHEREAS, CB5 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 on such things as square footage, public assembly, sound amplification and hours of operation,  as well as a conducting a site visit and discussion with the applicant; and

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

WHEREAS, This questionnaire is provided 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, Numerous follow-up phone calls/emails are made by the committee and board office and in some cases this request for information is ignored; and

WHEREAS, 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 PSQL Committee; and

WHEREAS, After numerous attempts, the applicant has still not complied with this requirement; and

WHEREAS, Members of the public testified that the operation at the Premises constitutes a public nuisance as a result of trash, violence, vandalism, and other negative impacts on the community; and

WHEREAS, Despite the lack of information from the Applicant, CB5 learned that there are a number of alleged violations pending against this establishment, including underage drinking, locked egress, and lack of security; and

WHEREAS, There is currently a vacate order issued by the New York City Department of Buildings against the Premises for unsafe conditions; and

WHEREAS, Although CB5 has received verification from the State Liquor Authority that the Premises is not currently licensed to serve alcohol, Applicant continues to serve; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by JIN YOUNG PARK ON BEHALF OF 212 PARK INC. D/B/A "CAFÉ SPACE 212" for the renewal of an on-premises liquor license for the premises located at 319 Fifth Avenue, New York, NY at 32^nd Street.

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

WHEREAS, DAMION LUAIYE, on behalf of an entity to be formed by him ("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 on the ground floor of 1133 Broadway, at 26^th Street (the "Premises"); and

WHEREAS, The Premises consists of up to 4,400 square feet of indoor raw space on the ground floor; and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises will be operated exclusively as an eating and drinking establishment, private events space, and art-exhibition and performance space, excluding musical acts with amplified sound, with a kitchen offering light food service prepared on Premises, and an option for outside food service for special events, with an approximate total of 18 tables, 72 seats, and 20 bar stools; and

WHEREAS, The Premises will include two patron bars with an additional service bar to be used only by restaurant personnel to support table service; and

WHEREAS, Applicant shall:

a.      restrict the hours of operation to no later than 2:00 am on Sunday through Tuesday nights, and 4:00 am Wednesday through Saturday nights;

b.      not use outside promoters at any time;

c.      not seek a cabaret license at any time; and agree that use clause of lease shall not provide for use as a cabaret;

d.      file for a public assembly permit that does not exceed 150 persons for Premises; and agrees to comply with that number during the course of normal operations;

e.      maintain adequate security in the Premises at all times in the proportion of one security personnel for every 75 patrons, thus requiring two security personnel for the expected occupancy, to (i) ensure that patrons enter and leave the Premises in a peaceful, quiet, and respectful manner, (ii) discourage patrons from congregating outside the Premises, and (iii) use best efforts to have street frontage on Broadway cleared of all patrons within one half-hour of closing;

f.       discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

g.      maintain a waiting area inside the Premises to prevent lines of patrons outside; incorporate the use of a "smoking pen" with adequate security to corral smokers, control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises at any time;

h.      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 have a deleterious effect on neighboring residences; share findings with CB5 for review of an acceptable level of sound; and agrees to install preset limiters controlled by management for sound;

i.        ensure that garbage, especially food garbage, is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians;

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

k.      meet with neighbors and CB5, if requested; and

WHEREAS, Applicant agrees to return to CB5 six (6) months from the date of opening 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, Should Damion Luaiye 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 Five recommends denial of the application by DAMION LUAIYE, on behalf of an entity to be formed by him for an on premises liquor license on the ground floor of 1133 Broadway, at 26th Street 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 31 in favor; 5 opposed; 1 abstaining.

WHEREAS, 1186 BROADWAY TENANT LLC and/or FRIEDFIELD BRESLIN, LLC, (collectively "Licensee"), has notified Community Board Five of its intention to file an application for the alteration of its Hotel Liquor License and/or On Premises Liquor License affecting the restaurants located at 1186 Broadway a/k/a 20 West 29^th Street, New York, New York (the "Premises") to serve alcohol at sidewalk café(s); and

WHEREAS, in February 2008, CB5 recommended approval of a Hotel Liquor License to Licensee for the Premises (the "Hotel License"); and

WHEREAS, in July 2008, CB5 recommended approval of an On-Premises Liquor License to Friedland Breslin LLC for The Breslin restaurant at the Premises (the "Breslin License"); and

WHEREAS, in March 2010, CB5 recommended approval of an amendment to the Hotel License regarding the Corner Store Oyster Bar a/k/a the John Dory restaurant (the "Amended License"); and

WHEREAS, Licensee has applied for an unenclosed sidewalk café at 1186 Broadway at the corner of 29^th Street, which proposed sidewalk café would have 13 tables and 26 seats, with 4 tables and 8 seats on Broadway, and 9 tables and 18 seats on 29^th Street (the "John Dory Sidewalk Café"); and

WHEREAS, Licensee has applied for an unenclosed sidewalk café at 20 West 29^th Street, between Fifth Avenue and Broadway, which proposed sidewalk café would have 4 tables and 8 seats (the "Breslin Sidewalk Café"); and

WHEREAS, both the John Dory Sidewalk Café and the Breslin Sidewalk Café have the following hours of operation:

-       Monday            8:00 AM - 10:00 PM

-       Tuesday            8:00 AM - 10:00 PM

-       Wednesday       8:00 AM - 10:00 PM

-       Thursday          8:00 AM - 11:00 PM

-       Friday               8:00 AM - 11:00 PM

-       Saturday           11:00 AM - 11:00 PM

-       Sunday             11:00 AM - 10:00 PM; and

WHEREAS, Licensee has agreed to certain conditions and stipulations by Affidavit dated March 11, 2010, which Affidavit is attached hereto, the terms of which remain in full force and effect and are applicable to the John Dory Sidewalk Café and the Breslin Sidewalk Cafe; and

WHEREAS, although Licensee previously represented that (among other things) there would be no sidewalk cafes at the Premises, circumstances have now changed because the community strongly supports approval of the John Dory Sidewalk Café and the Breslin Sidewalk Cafe and, accordingly, CB5 has recommended that the City of New York Department of Consumer Affairs approve the John Dory Sidewalk Café and the Breslin Sidewalk Cafe; and

WHEREAS, the proposed Breslin Sidewalk Café is located directly across the street from Masjid Ar-Rehman, a mosque and place of worship, and the imams have expressed their strong opposition to the serving of alcohol at the Breslin Sidewalk Café; and

WHEREAS, although CB5 has no objection to the service of food at the Breslin Sidewalk Café, because of the strong opposition by Masjid Ar-Rehman to the service of alcohol at the Breslin Sidewalk Café, CB5 does not approve service of alcohol at the Breslin Sidewalk Café; therefore be it

RESOLVED, that Community Board Five recommends approval of the application by 1186 Broadway Tenant LLC and/or Friedfield Breslin LLC for the alteration of its On Premises and/or Hotel Liquor License to serve alcohol at the John Dory Sidewalk Café ONLY; and be it further

RESOLVED, that Community Board Five recommends denial of the application by 1186 Broadway Tenant LLC and/or Friedfield Breslin LLC for the alteration of its On Premises and/or Hotel Liquor License to serve alcohol at the Breslin Sidewalk Café.

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

WHEREAS, 1186 BROADWAY TENANT LLC ("Licensee") has notified Community Board Five of its intention to file an application with the New York City Department of Consumer Affairs for a cabaret license (the "Cabaret License") for the space known as Liberty Hall ("Liberty Hall") at the Ace Hotel, located at 1186 Broadway a//k/a 20 West 29^th Street, New York, NY (the "Premises"); and

WHEREAS, in February 2008, CB5 recommended approval of a Hotel Liquor License to Licensee for the Premises (the "Hotel License"); and

WHEREAS, in July 2008, CB5 recommended approval of an On-Premises Liquor License to Friedland Breslin LLC for The Breslin restaurant at the Premises (the "Breslin License"); and

WHEREAS, in March 2010, CB5 recommended approval of an amendment to the Hotel License regarding the Corner Store Oyster Bar a/k/a the John Dory restaurant (the "Amended License"); and

WHEREAS, Liberty Hall consists of 2,452 square feet in the lower level of the Premises and has a legal occupancy of 205 persons; and

WHEREAS, the Hotel License already permits dancing in Liberty Hall at private events, but a Cabaret License would allow Liberty Hall to be open to the public for dancing; and

WHEREAS, the New York State Liquor Authority requires that an applicant stipulate the "Method of Operation" of the licensed premises including details such as: days and hours of operation, whether live music or dancing is permitted, if the premises includes an outside area, etc.; and

WHEREAS, the Method of Operation of a premises is an integral part of a liquor license application to CB5 and to the SLA; and CB5 reviews and opines on such applications in strict reliance upon the specific Method of Operation agreed to by an applicant; and

WHEREAS, in strict reliance upon the Method of Operation for the Premises which did not include cabaret, CB5 recommended approval of the Hotel License, the Breslin License, and the Amended License; and

WHEREAS, Licensee agreed to certain conditions and stipulations by Affidavit dated March 11, 2010, which Affidavit is attached hereto, in which Licensee agreed that the Premises will be operated exclusively as a hotel (emphasis added) 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, in said Affidavit, Licensee also agreed to the following conditions/stipulations (emphasis added):

a.       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;

b.       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;

c.       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;

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

e.       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;

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

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

h.       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

i.         Arrange for private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors; and

WHEREAS, in addition to the Premises, there are approximately five (5) new hotels in this area, all of which have respected the character of this neighborhood and the desire of the community of which they are a part, by agreeing that their Method of Operation not include cabaret; and

WHEREAS, Approving a Cabaret License for this hotel would set a damaging precedent for this community; and

WHEREAS, Letters of strong opposition from the community have been received by CB5 and residents from the area attended the Public Safety/Quality of Life Committee Meeting on June 3, 2010 to voice their strong opposition to the Cabaret License, citing present concerns of street vehicular congestion, horns honking, rowdy patrons exiting in early morning hours, and stating that a Cabaret License is irreconcilably incompatible with the quality of life in and character of their neighborhood; and

WHEREAS, now after CB5 has approved the Hotel License, the Breslin License, and the Amended License, all in reliance upon a Method of Operation that did not include cabaret, Licensee plans to (i) obtain a Cabaret License and (ii) unilaterally modify its Method of Operation to accommodate dancing pursuant to a Cabaret License; and

WHEREAS, the timing of this plan is unfortunate since, with the Hotel License, the Breslin License, and the Amended License already approved, the community is now left with little, if any, leverage to help its voice be heard; and

WHEREAS, Licensee has publicly promised to defy the community's wishes by pursuing (i) its Cabaret License and (ii) modification of its Method of Operation to accommodate dancing in Liberty Hall pursuant to a Cabaret License, despite overwhelming community opposition to such changes; and

WHEREAS, Because of (i) substantial community opposition to Licensee's planned changes, (ii) the potential violation of prior representations by Licensee on which CB5 relied to approve the Hotel License, the Breslin License, and the Amended License, and (iii) the damaging precedent that will be set by allowing this "hotel" to operate with a Cabaret License, CB5 cannot support Licensee's proposed changes; therefore be it

RESOLVED, that Community Board Five STRONGLY RECOMMENDS DENIAL by the New York City Department of Consumer Affairs of an application by 1186 BROADWAY TENANT LLC for a Cabaret License at 1186 Broadway a//k/a 20 West 29^th Street, New York, NY; and be it further

RESOLVED, that Community Board Five STRONGLY RECOMMENDS DENIAL by the New York State Liquor Authority of any modification by 1186 BROADWAY TENANT LLC to its Method of Operation to accommodate dancing pursuant to a Cabaret License at 1186 Broadway a//k/a 20 West 29^th Street, New York, NY.

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

WHEREAS, Jezalin's at the Limelight, LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new license to sell beer for retail off-premises consumption within the premises leased to Applicant on the ground floor of the Limelight Marketplace located at 47 West 20^th Street (the "Premises"); and

WHEREAS, The Premises consists of 1,400 square feet of space on the ground floor; and

WHEREAS, Applicant is aware that this location falls within the Ladies Mile Historic District and that the Premises itself is an individual landmark and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; and

WHEREAS, Although the Premises is in CB5's moratorium area, and there are residents who continue to object to any new liquor licenses on 20^th Street or 21^st Street or 6^th Avenue between 20^th Street and 21^st Street, the Premises falls within an exception to the moratorium prohibition since it contains less than 3,000 square feet and satisfies other requirements for the exception; and

WHEREAS, The Premises is in a completely enclosed portion of the Limelight Marketplace and will be operated as a gourmet food market; and

WHEREAS, Sale of alcohol will be limited to gourmet beer only for consumption off-premises; and

WHEREAS, The hours of operation will be from 10am-10pm; and

WHEREAS, There was no community objection to this application; therefore be it

RESOLVED, That Community Board Five recommends approval of a new license to Jezalin's at the Limelight, LLC to sell beer on the ground floor of the Limelight Marketplace located at 47 West 20^th Street for off-premises consumption.

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

WHEREAS, Cana Wine Bar LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new wine and beer license within the premises leased to Applicant on the 2^nd and 3^rd floors of the Limelight Marketplace located at 49 West 20^th Street (the "Premises"); and

WHEREAS, The Premises consists of 400 square feet of space on the second floor and 400 square feet of space on the third floor; and

WHEREAS, Applicant is aware that this location falls within the Ladies Mile Historic District and that the Premises itself is an individual landmark and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; and

WHEREAS, Although the Premises are in CB5's moratorium area, and there are residents who continue to object to any new liquor licenses on 20^th Street or 21^st Street or 6^th Avenue between 20^th Street and 21^st Street, the Premises falls within an exception to the moratorium prohibition since it contains less than 3,000 square feet and satisfies other requirements for the exception; and

WHEREAS, The Premises is in a completely enclosed portion of the Limelight Marketplace and will serve wine and beer only; and

WHEREAS, The sale of alcohol will be limited to confined and supervised locations within the Premises; and

WHEREAS, The hours of operation will be from 10am-10pm; and

WHEREAS, There was no community objection to this application; therefore be it

RESOLVED, That Community Board Five recommends approval of a new wine and beer license for the premises leased to Cana Wine Bar LLC on the 2^nd and 3^rd floors of the Limelight Marketplace located at 49 West 20^th Street.

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

WHEREAS, Double Dime Seven LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new on premises liquor license for a new restaurant to be named "Palatte" located at 66 Madison Avenue, New York City (the "Premises"); and

WHEREAS, The Premises consists of 1800 square feet of space on the ground floor; and

WHEREAS, The Premises will be operated exclusively as a restaurant with a bar, with a total of 20 tables and 57 seats (including banquette seating) and 10 bar stools; and

WHEREAS, Estimated patron usage is approximately 67 with an estimated total capacity of 74, including kitchen personnel and staff; and

WHEREAS, The Premises will include 1bar providing service for the entire restaurant; and

WHEREAS, Applicant has met with residents of the residential co-op in which the Premises is contained and the residents have expressed support for the Applicant provided that Applicant agree to the conditions and stipulations set forth herein; and

WHEREAS, Applicant has agreed to:

a.       operate the Premises as a restaurant with seated bar and dining service only. Private parties shall be deemed included in restaurant use but promoter-driven events are specifically excluded from restaurant use;

b.       monitor the use of the sidewalk space utilized by smokers during hours of operation and to discourage customers from loitering outside the Premises at any time;

c.       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;

d.       prohibit dancing at the Premises at all times;

e.       cause a disturbance or annoyance to its neighbors;

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

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 if requested by the board of 66 Madison Avenue; 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 Steven Putzeys 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 Fiverecommends denial of the new on premises liquor license for a new restaurant to be named "Palatte" located at 66 Madison Avenue, New York City 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 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, GQ Nightlife LLC d/b/a "Promenade" ("Applicant"), has notified Community Board Five of its intention to file an application with the Department of Consumer Affairs for a new cabaret license for the , located at 215 West 28^th  Street; and

WHEREAS, Applicant is currently in possession of a liquor license for the Premises that was approved by Community Board Five (CB5) in July of 2008 subject to extensive assurances, conditions and stipulations regarding the method of operation agreed to by the owner (attached); and

WHEREAS, Applicant has failed to comply with the conditions and stipulations to which it agreed; and

WHEREAS, Principals of Applicant failed to appear at the May 5, 2010 meeting of the Public Safety and Quality of Life Committee as requested but instead sent Ms. Nichole Macdonald, a new manager of the establishment with no experience in handling matters of this seriousness and with no authority whatsoever on behalf of the Applicant; and

WHEREAS, Ms. Macdonald stated that she had been hired 6 months ago and given a set of responsibilities that included making improvements to the method of operation of the venue, for which she has no experience or qualifications to perform; and

WHEREAS, Ms. Macdonald stated that recently the venue had received a violation for operating as an illegal cabaret and that, despite the violation and illegality of the method of operation, the Premises continues to operate as a cabaret; and

WHEREAS, In recent years what had once been primarily a manufacturing area of the city is now home to many new residences and commercial businesses, and has been long home to a school, the Fashion Institute of Technology; and

WHEREAS, Neighboring businesses and residents came out in strong opposition to the venue and presented verbal testimony, written testimony, a signed petition and e-mails indicating the same; and

WHEREAS, Among the more serious instances reported at the venue are:

Sunday Night    3/29-30/09                     Multiple Stabbing Inside Club

Sunday Night    1/24-25/10                    Shots Fired Outside Club

Friday Night      3/26-27/10                    Fighting Outside Club; and

WHEREAS, In addition to the above incidents, residences and businesses indicated that the quality of life issues due to the venue were extensive and included excessive crowds, public urination, noise, littering and disregard for others on the block; therefore be it

RESOLVED, That Community Board RECOMMENDS DENIAL of the issuance of a new cabaret license for GQ Nightlife LLC d/b/a "Promenade" located at 215 West 28^th Street.

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

WHEREAS, Sixth Avenue Grimaldi, Inc. ("Applicant") has notified Community Board Five of its intention to file an application for a new wine and beer license within the premises leased to Applicant on the ground floor of the Limelight Marketplace located at 656 Sixth Avenue (the "Premises"); and

WHEREAS, The Premises consists of 1,200 square feet of space on the ground floor; and

WHEREAS, Applicant is aware that this location falls within the Ladies Mile Historic District and that the Premises itself is an individual landmark and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; and

WHEREAS, Although the Premises are in CB5's moratorium area, and there are residents who continue to object to any new liquor licenses on 20^th Street or 21^st Street or 6^th Avenue between 20^th Street and 21^st Street, the Premises falls within an exception to the moratorium prohibition since it contains less than 3,000 square feet and satisfies other requirements for the exception; and

WHEREAS, The Premises will be operated as a sit down pizza establishment similar in operation to Applicant's other locations of the same name, and

WHEREAS, The Premises will have an occupancy of seventy four (74) persons, will have twenty five (25) tables and sixty-five (65) chairs and no patron bars; and

WHEREAS, There will be a brick pizza oven and the Applicant will serve full pie pizzas, antipasto, calzones and desserts; and

WHEREAS, The Applicant has agreed that it shall:

1. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;
2. have background music only, and in no event shall a DJ, live music or dancing ever be permitted at the Premises;
3. provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, Applicant will maintain the outdoor area to the south of its Premises as a queuing area for patrons waiting to be seated and will ensure that its customers queue in an orderly manner, single file and keep noise to a minimum;
4. closely monitor exterior queuing allowed only for purposes of maintaining legal capacity and provided that Applicant has an employee responsible for maintaining the orderliness of patrons in line.  Any queuing shall be along the Sixth Avenue side of the Limelight only and shall not extend past the corner of Sixth Avenue and 20th Street;
5. maintain adequate security on the premises at all times necessary to (i) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (ii) discourage patrons from congregating outside the Premises;
6. not use any outside promoters at any time;
7. arrange for private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;
8. 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, Applicant has agreed that it shall cease serving beer and wine at11:00 P.M. every night and close the premises by 2 A.M. every night. After six months, Applicant may seek CB5's consent to an extension of those hours and Applicant shall only extend the hours as and if CB5 so consents; and

WHEREAS, Applicant and its principal, Frank Ciolli, shall return to CB5 in six (6) months after opening 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, Should Frank Ciolli 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 Fiverecommends denial of the beer and wine license for Sixth Avenue Grimaldi Inc. for 656 Sixth Avenue 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 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Karen Murray/47-McPub Inc. has notified Community Board Five of their intent to apply to the NY State Liquor Authority for the renewal of an on-premises liquor license for the premises located at 47 East 29^th St.; 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 on such things as square footage, public assembly, sound amplification and hours of operation,  as well as a conducting a site visit and discussion with the applicant; and

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

WHEREAS, This questionnaire is provided 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, Numerous follow-up phone calls/emails are made by the committee and board office and in some cases this request for information is ignored; and

WHEREAS, 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, After numerous attempts, the applicant has still not complied with this requirement, and the PS/QL Committee and CB 5 have insufficient information regarding the above application for an on-premises liquor license; therefore be it

RESOLVED, That Community Board Five recommends denial of the renewal of an on-premises liquor license for Karen Murray/47-McPub Inc., for the premises located at 47 East 29^th St., NYC.

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

WHEREAS, Lola's - 251 West 30^th Street LLC ("Applicant"), has notified Community Board Five of its intention to file for the transfer of an on-premises liquor license for the ground and second floor space (at this time called "Rebel" and to be renamed "Lola" or other suitable name) located at 251 West 30^th Street, New York, New York, 10011 (the "Premises"); and

WHEREAS, The Premises consists of approximately 4022 square feet of indoor space on the ground floor, 5130 square feet of indoor space on the second floor, and 963  square feet of space on the mezzanine level between; and

WHEREAS, The Premises includes approximately 536 square feet of outdoor space on the second floor; and

WHEREAS, Estimated patron usage is approximately 280 on the ground floor;  357 on the second floor (including office and VIP spaces); 67 on the mezzanine level; and 37 on the outdoor space; with an estimated total capacity of 741, including  personnel and staff; and

WHEREAS, The Premises will include 3 patron bars and one service bar; and

WHEREAS, Applicant has agreed that Applicant shall:

a.                   operate the Premises as a performance space, a private event space, eating and drinking establishment, and a night club;

b.                  restrict the use of any outdoor space to smoking use only with no music and further provide security for said space to control patron noise and activity (this will not prohibit patrons from consuming alcoholic beverages where permitted by law);

c.                   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;

d.                  at all times when the Premises is being used and open to the public, applicant shall:

                                                   i.      abide by the recommendations of the NYPD and New York Nightlife Association's "Best Practices for Nightlife", to employ a minimum of 1 security guard per 75 patrons at all times when operating as a nightlife venue; and

                                                 ii.      when operating as a nightclub or when event requires, maintain no less than three (3) dedicated security personnel per complete floor in use (no less than two (2) security personnel per partial floor in use); no less than (1) dedicated security personnel in smoking section; and no less than (2) dedicated security personnel in front of club during all hours of operation; totaling a minimum of no less than (9) security personnel when club is fully operational;

                                                iii.      maintain order both inside and outside of the Premises;

                                               iv.      ensure that to the best of applicant's ability, patrons enter and leave the Premises in a peaceful, quiet and respectful manner;

                                                 v.      discourage patrons from congregating outside the Premises;

                                               vi.      use best efforts to clear the area outside the Premises of all patrons immediately after closing

                                              vii.      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;

e.                   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

                                                   i.      sound does not leak at anytime from the inside of the Premises through the walls, windows, or doors to the neighboring or adjoining residences; and

                                                 ii.      there is no amplified sound in any outdoor space; and

f.                    install and operate a sound system in the Premises in compliance with the attached sound system specifications which directs sound inward to maximize containment of all amplified sound;

g.                   at its option, have live music or a live DJ playing music in the interior spaces only;

h.                   not utilize an exterior "velvet rope" door policy. 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;

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

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

k.                  use its best efforts to completely clear 30^th street between 7^th and 8^th Avenues of all patrons within one half hour of closing;

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

m.                 meet with neighbors and CB5, if requested, and provide a 24-hour hotline / phone line to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Applicant agreed that, upon the request of CB5, it will 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, Should Jonathan Rossman (managing member) and/or Robert Kurtz (chief executive) ever contemplate a transfer of his interest in Applicant so that he does not have the interest in Applicant as specified ("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 Fiverecommends denial of the application by Lola's - 251 West 30^th Street LLC for the transfer of an on-premises liquor license for the ground and second floor space located at 251 West 30^th Street, 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 35 in favor; 2 opposed; 1 abstaining.

WHEREAS, 760 8^TH AVE. REST., INC. ("Applicant"), has notified Community Board Five of its intention to file for a new on premises liquor license for the second and third floors of the premises located at 760-766 8^th Avenue a/k/a 268 West 47^th Street, New York, New York, (the "Premises"); and

WHEREAS, The premises consists of approximately 8,000 square feet of indoor space on the second floor and approximately 8,000 square feet on the third floor of the Premises; and

WHEREAS, The second floor includes a coat check, two bathrooms, offices, kitchen, a center room lobby area and restaurant with bar; and

WHEREAS, The second floor will be operated exclusively as a restaurant and bar         with dinner dancing, with a total of 20 tables and 90 seats for dining; several bar stools and a dance area; and

WHEREAS, Occupancy on the second floor is 334 including kitchen personnel and staff; and

WHEREAS, The second floor will include one patron bar and no service bars; and

WHEREAS, The second floor restaurant shall operate from 6:00PM to 11:00PM Tuesday through Saturday for restaurant service and shall close to all restaurant patrons by 12:00 midnight; and

WHEREAS, There will be dancing on the second floor to be permitted during restaurant hours for patrons of the restaurant; and

WHEREAS, After restaurant hours, dancing to be done on the second floor in the restaurant area in conjunction with Private Parties/Catered Events only; and

WHEREAS, The third floor includes a bar, dance floor and two bathrooms; and

WHEREAS, The third floor will be operated exclusively for cabaret, Private Parties/Catered Events; and

WHEREAS, Occupancy on the third floor is 500.  Any seating arrangement will not exceed that limit; and

WHEREAS, The third floor will include one patron bar; and no service bar; and

WHEREAS, The third floor will close at 2:00AM on Sunday, Monday and Tuesday; and will close at 4:00AM the other days of the week; and

WHEREAS, On holiday weekends wherein Monday is a Federal/State holiday, the Premises may remain open until 4:00AM; and

WHEREAS, Applicant has agreed to:

a)         Operate the second floor as a restaurant with seated bar and dining service with dancing from 6:00PM to 11:00PM on Tuesday through Saturday night.  Private Parties/Catered Events will be after restaurant service on the second floor until 4:00AM;

            b)         Operate the third floor as a cabaret with bar and no service bar;

c)         Be responsible for any use and at any time that an event or party is hosted 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.  Applicant uses in house promoters only.  Outsider Promoters will not be used at any time by Applicant;

d)         At all times when the Premises is being used applicant shall dedicate security personnel in and in front of the Premises at all times 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,

(iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing. 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.  A security plan is attached to this document.

e)         Engage a sound engineer (Accousilog Inc., or other engineer reasonably satisfactory to CB5) to inspect the Premises and make structural and sound system recommendations to ensure that:

(i)         sound does not leak at anytime from the inside at of the Premises through the walls, windows, or doors to the neighboring or adjoining residences;  to meet legal requirements;  and

(ii)        amplified sound in any outdoor space is optimized to have the lease deleterious effect on neighboring and adjoining residences to meet legal requirements;

f)        Operate a sound system on the second and third floor to compliance with sound system specifications which:

                        (i)         directs sound inward to maximize containment of all amplified sound;

                        (ii)        is computer controlled by management with pre-set maximum volume; and

(iii)       features volume controls that are kept under lock and key and can only be accessed by management.

g)       have only limited use of an exterior "velvet rope" at door.  Interior queuing only and within parameters dictated by and required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

h)       Discourage customers from loitering outside the Premises at any time; no more than 10 smokers shall be permitted outside at any time;

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

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

k)       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;

l)        No customer service of any kind after end of established hours of operation for liquor service. Premises empty after 4:30AM at the latest   except for New Year's Eve if applicant is granted all necessary permits;

            m)        Employ a head of security which is a monitor with the City of New York;

n)         Enforce Sunday through Tuesday closing time no later than 2:00AM and Wednesday through Saturday no later than 4:00AM; and

WHEREAS, Applicant agrees to return to CB5 in six (6) months after opening of business 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, Should ANTHONY JULIANO or STEVEN JULIANO 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 Five recommends denial of a new on- premises liquor license for 760 8^TH AVE. REST., INC. for the second and third floors of the premises located at 760-766 8^th Avenue a/k/a 268 West 47^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 37 in favor; 0 opposed; 1 abstaining.

WHEREAS, CGM 835 AVE LLC, ("Applicant"), has notified Community Board Five of its intention to file for a new on- premises liquor license for the ground floor restaurant (at this time called FOODPARC) located at 845 Avenue of the Americas, New York, New York, and the second floor restaurant (at this time called BAR BASQUE) located at 839 Avenue of the Americas, New York, New York (the "Premises"); and

WHEREAS, the Premises consists of approximately 6,049 square feet of indoor space on the ground floor and 13,328 square feet of indoor space on the second floor; and

WHEREAS, the Premises includes approximately 64 linear feet of outdoor tables and chairs immediately adjacent to the ground floor of the restaurant (the "Plaza Tables"), and approximately 3,595 square feet of terrace space (with a retractable roof) on the second floor (the "Terrace"); and

WHEREAS, the Premises will be operated exclusively as a restaurant, food court, and bar, with a maximum occupancy as contained in its public assembly permit; and

WHEREAS, the Premises currently will include 2 patron (stand-up) bars (one, in the FoodParc, and one, in Bar Basque) and one service bar (on the second floor); and

WHEREAS, Applicant has agreed to use reasonable efforts to:

a.       Operate Bar Basque as a restaurant with bar and dining service only. Private parties shall be deemed included in Restaurant Use but regular and recurring promoter-driven events are specifically excluded from Restaurant Use;

b.       Restrict the use of Plaza Tables to persons purchasing food or beverage from FoodParc; the consumption of liquor at Plaza Tables shall be permitted only by table service by FoodParc employees; the consumption of wine and beer at Plaza Tables shall be permitted by table service or by persons purchasing those products inside FoodParc;

No unenclosed portion of the Terrace and no Plaza tables shall be used later than midnight, Sunday through Wednesday nights, and 1:00 am, Thursday through Saturday nights. Moreover, the retractable roof shall be closed at midnight Sunday through Wednesday, and 1:00 am, Thursday through Saturday to accommodate late dining on the Terrace. Patrons shall not be permitted on any unenclosed portion of the Terrace after these hours.

c.       Be responsible for any use of promoters and at all times that an event or party is hosted or marketed by a third party (in whole or in part): the Applicant shall remain responsible for, and be in complete control of the Premises and its patrons;

d.       At all times when the Premises is being used for more than just Restaurant Use, maintain appropriate security personnel in and in front of the Premises at all times to (i) maintain order both inside and outside of the Premises; (ii) encourage patrons to enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use reasonable efforts to clear the area outside the Premises of all patrons immediately after closing. 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;

e.       Retain a qualified sound designer to survey the Premises and surrounding buildings to recommend the installation of a sound system and speakers to be used when the Terrace roof is both closed and retracted, and to operating the sound system in compliance with all applicable laws and ordinances governing same;

f.        At the Applicant's option, to have a live DJ playing music in the interior spaces only;

g.       Prohibit dancing at the Premises at all times, except in connection with private events;

h.       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;

i.        Discourage customers of the Premises from loitering outside the Premises at any time;

j.        Arrange for private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

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

l.        Meet with neighbors and CB5. if requested upon reasonable notice, and shall, so long as same is not abused, and calls to said manager or owner are respectfully made, provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Applicant agreed to meet regularly with CB5, if requested to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; 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 a new on- premises liquor license for the ground floor restaurant located at 845 Avenue of the Americas and the second floor restaurant located at 839 Avenue of the Americas, New York, New York for CGM 835 AVE LLC, 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, 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.

WHEREAS, The applicant, Iron Star, Inc. (d/b/a "Retreat"), has notified Community Board Five of its intent to apply for a new on-premises liquor license for a bar/lounge to be located at 37 West 17th Street; and

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

WHEREAS, The premises currently has a legal capacity of 75 patrons, which the applicant shall seek to increase to a capacity of 150 persons, and there is and will be one patron bar and one service bar; and

WHEREAS, Because of the restrictive design and layout of the premises, previous operations at the space have been the subject of complaints of overcrowding, overflow of clientele into the street and sidewalk, and other problems.

WHEREAS, With a proposed increase of the capacity from 75 to 150 patrons, such issues could only be exacerbated; and

WHEREAS, The proposed operator of the premises operates two other establishments, both of which were reported to be problematic to the community and suffering from poor management; and

WHEREAS, The Applicant's presentation to Community Board Five was unprofessional, consisted of a business plan that was neither practical nor well thought out, and did not demonstrate the business skill or potential expected of a party entitled to the privilege of holding a license to serve alcohol; therefore be it

RESOLVED, That Community Board Fiverecommends DENIAL of the on-premises liquor license by Iron Star, Inc. (d/b/a "Retreat"), for a bar/lounge to be located at 37 West 17th Street.

The above resolution passed by a vote of 41 in favor; 0 opposed; 1 abstaining.

WHEREAS, EATALY NYC LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new on premises liquor license for a new rooftop restaurant located at 200 Fifth Avenue (the "Premises"); and

WHEREAS, the Applicant has previously applied for a separate on-premises liquor license for other space located on the ground floor of 200 Fifth Avenue, which was approved by Community Board Five without comment and is not the subject of this resolution; and

WHEREAS, the Premises consists of 5,785 square feet of space on the rooftop, with an occupancy of 212 persons, with 166 seats, and 12 bar stools; and

WHEREAS, Applicant is aware that this location falls within the Ladies Mile Historic District and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; and

WHEREAS, the Premises complies with the Rooftop/Rear Yard Guidelines established by CB5; and

WHEREAS, the Applicant has agreed that it shall:

• construct the Premises generally in accordance with the plans annexed hereto (CB5 acknowledges that these plans are preliminary but approves the general concept and specifications). Applicant shall provide final plans and specifications to CB5, which plans and specifications shall include a glass wall along the perimeter of a portion of the space for safety and sound blockage;

• operate seasonally;

• have background music only, and in no event shall a DJ, live music or dancing ever be permitted at the Premises;

• not permit smoking in the Premises;

• meet with neighbors and CB5 on a regular basis if requested to immediately address any complaints from the community; and

WHEREAS, Applicant has agreed that the hours of operation of the Premises shall be no later than 12:00 midnight Sunday through Thursday and 1:00 AM Friday and Saturday; and

WHEREAS, Applicant has engaged a sound engineer and delivered a very comprehensive report concluding that the proposed operation should not produce sound that would negatively affect the surrounding neighbors; 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 Five recommends approval of a new on premises liquor license to EATALY NYC LLC for a new on premises liquor license for a rooftop restaurant located at 200 Fifth Avenue.

The above resolution passed by a vote of 41 in favor; 0 opposed; 1 abstaining.

WHEREAS, JUNOON, NYC LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new on premises liquor license on the ground floor and basement of the store located at 27 West 24^th Street (the "Premises"); and

WHEREAS, The Premises consists of 7,000 square feet of space on the ground floor, and the basement is to be used only for storage, bathrooms, offices and prep area; and

WHEREAS, The Premises will be operated as a first-class restaurant featuring the Indian and other cuisine of Vikas Khanna, an internationally-known, successful, and highly-regarded chef; and

WHEREAS, Rajesh Bhardwaj, who owns and operates the national "Cafe Spice" chain of restaurants, will be the controlling owner and sole manager of the restaurant's operations; and

WHEREAS, The Premises will have an occupancy of two hundred seventy five (275) persons ("Maximum Occupancy"), will have forty five (45) tables, two hundred (200) chairs, and fifteen (15) bar stools.  There will be one (1) patron bar and no service bars; and

WHEREAS, The hours of operation of the Premises shall be as follows:

Monday:         11:00 AM - 1:00 AM

Tuesday:        11:00 AM - 1:00 AM

Wednesday:   11:00 AM - 1:00 AM

Thursday:      11:00 AM - 2:00 AM

Friday:            11:00 AM - 2:00 AM

Saturday:       11:00 AM - 2:00 AM

Sunday:          11:00 AM - 1:00 AM

WHEREAS, Applicant shall:

1. construct the Premises substantially in accordance with the plans annexed hereto.   Applicant will make no substantial change in or to the Premises without the consent of CB5;
2. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;
3. cause an alteration of the certificate of occupancy affecting the Premises to reflect the Maximum Occupancy as stipulated herein;
4. have background music only, and in no event shall a DJ, live music or dancing ever be permitted at the Premises, nor shall Applicant ever operate a cabaret on the Premises;
5. not utilize an exterior "velvet rope" door policy;
6. discourage patrons from congregating in front of the Premises and encourage that they leave the Premises in a respectful manner;
7. discourage the parking of idling cabs, limousines and other vehicles on the street in front of the Premises and arrange for valet service and off-site waiting areas for town cars to prevent street congestion by vehicles;
8. not use outside promoters at any time, nor operate the Premises as a catering hall or private party space, or by any person other than Applicant whether under a rental or other arrangement;
9. meet with neighbors and CB5 on a regular basis as requested to 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 Rajesh Bhardwaj ever contemplate a transfer of his controlling 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 Fiverecommends denial of the on premises liquor license for JUNOONNYC LLC for 27 West 24^th Street 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 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, BOXERS NYC LLC ("Applicant") has notified Community Board 5 of its intention to file an application for a new on premises liquor license on the ground floor and basement of the store located at 37 West 20^th Street (the "Premises"); and

WHEREAS, the Premises consists of  2,762 square feet of space on the ground floor, and the basement is to be used only for storage, bathrooms, offices and possible prep area; and

WHEREAS, Applicant is aware that this location falls within the Ladies Mile Historic District and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; and

WHEREAS, although the Premises are in CB5's moratorium area, and there are residents who continue to object to any new liquor licenses on 20^th Street or 21^st Street, a number of licensed premises that existed at the time of the moratorium have since closed, and there are currently at least seven vacant store fronts on 20^th Street between Fifth and Sixth Avenues, and

WHEREAS, the Premises are surrounded on all sides, as well as above, with commercial tenants and businesses, and there are no residential buildings directly adjoining the Premises; and

WHEREAS, the Premises will be operated as gay-oriented sports lounge/bar though it will be open to all members of the public; and

WHEREAS, the Premises will have an occupancy of ninety (90) persons, will have five (5) tables, twenty (20) chairs, twenty four (24) bar stools, and fourteen (14) counter stools; and

WHEREAS, there will be a brick pizza oven and the Applicant will serve pizzas, salads, and quesadillas, including food delivery to the neighborhood during certain hours; and

WHEREAS, the Applicant has agreed that it shall:

1.      construct the Premises substantially in accordance with the plans annexed hereto.   Applicant will make no substantial change in or to the Premises without the consent of CB5;

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

3.      have background music only, and in no event shall a DJ, live music or dancing ever be permitted at the Premises;

4.      provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, Applicant will maintain an outdoor area in the rear of its 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 20th Street.  There will be no music played in the back outdoor space.

5.      maintain adequate security in the premises at all times necessary to (i) ensure that patrons enter and leave the Premises and 20th Street in a peaceful, quiet and respectful manner; (ii) discourage patrons from congregating outside the Premises, and (iii) use best efforts to have 20th  Street cleared of all patrons within one half hour of closing;

6.      not use any outside promoters at any time;

7.      arrange for private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

8.      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, Applicant has agreed that for a period of six months from opening it shall cease serving liquor at 2:00 A.M. every night and have the Premises cleared by 2:30 A.M. every night.  After six months Applicant may seek CB5's consent to an extension of those hours and Applicant shall only extend the hours as and if CB5 so consents; and

WHEREAS, Applicant, Robert Fluet and Robert Hynds shall to return to CB5 in six (6) months after opening 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, should Robert Fluet and/or Robert Hynds ever contemplate a transfer of their interest in Applicant so that they do 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 on premises liquor license for Boxers NYC LLC for 37 West 20^th Street 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 19 in favor; 14 opposed; 1 abstaining.

WHEREAS, The applicant, PINNACLE RESTAURANT CORP, has notified Community Board Five of its intent to renew its liquor license for a cabaret night club (the "Night Club") on the ground floor of 17 West 19^th Street; and

WHEREAS, The relevant principals of Applicant are JOHN ZAREMBA ("Owner") and PAUL DROHAN ("Operator"); and

WHEREAS, Maximum legal occupancy of the Night Club is 240 persons; and

WHEREAS, The Night Club has been in existence and in operation under the management of Operator since November, 2005; and

WHEREAS, the Night Club operates routinely until 5:00 AM, and on weekends and holidays until 7:00 AM; and

WHEREAS, Although the Night Club continues to be a source of disturbance to the community, since Operator assumed control of the operation of the Night Club, the number and severity of issues at the Night Club has been reduced significantly; and

WHEREAS, Applicant, Owner and Operator have agreed to modify the method of operation of the Night Club to address specific issues of concern to the community regarding patron noise, intimidation and menace outside of the Night Club, which has been identified as the most egregious source of disturbance currently affecting the community;

WHEREAS, Applicant, Owner and Operator have agreed to the immediately adhere to the following conditions and stipulations to mitigate disturbance to the community by the Night Club:

Applicant, Owner and Operator shall:

a.       Maintain a minimum of twelve (12) licensed security guards during all hours of operation on Friday and Saturday nights, and continue to provide adequate security during all other hours of operation;

b.       In accordance with the policy attached hereto and made a part hereof (i) provide adequate security at all times outside of the Premises and along 19^th Street to ensure that patrons enter and leave the Premises and 19^th Street in a peaceful, quiet and respectful manner; (ii) discourage patrons from congregating outside the Premises, and (iii).use best efforts to have 19th Street cleared of all patrons within one half hour of closing;

c.       Discourage the parking of idling cabs, limousines and other vehicles on the street in front of the Premises;

d.       In accordance with the policy attached hereto and made a part hereof , incorporate the use of a "smoking pen" with adequate security to corral smokers, control loud talking, and minimize excessive noise;

e.       Meet with neighbors and CB5 on a regular basis if requested and also provide a 24-hour hotline to a live manager or security director to immediately address any complaints from the community;

f.        For a period of eighteen (18) months, except on holidays, the Night Club will not stay open "after hours" on any Sunday night into Monday morning.  The Night Club will, on those days, close no later than its regular closing hour at 5 AM;

g.       Be responsible for any use of "promoters". 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 the applicant shall remain responsible for and in control of the venue and its patrons and (ii) all material positions of operation shall be the employees of the Night Club at all times;

WHEREAS, Although the Applicant did not agree at this time to (i) hire an independent monitor and (ii) eliminate after hours operations entirely, the Applicant, Owner and Operator have 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 and to reconsider these options then if necessary; and

WHEREAS, Owner and operator have agreed that should Applicant, Owner or Operator ever contemplate a transfer of its interest in the Night Club ownership or management ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), such transferring party shall notify CB5 of such intent and shall require any potential transferee to agree to the conditions and stipulations agreed to; and

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

WHEREAS, The applicant has agreed to adhere to all of the above in the form of the attached affidavits by Owner and Operator; therefore be it

RESOLVED, That Community Board Fiverecommends denial of the renewal of an on-premises liquor license for a cabaret night club (the "Night Club") on the ground floor of 17 West 19^th Street unless the above and attached 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 31 in favor; 10 opposed; 1 abstaining.

WHEREAS, The applicant, ONE 29 PARK LLC, has notified Community Board Five of its intent to apply for a new liquor license for a new restaurant (the "Restaurant") on the ground floor of the Gansevoort Park Hotel located at 420 Park Ave South (presently under construction – anticipated completion date of January 2010); and

WHEREAS, Applicant is comprised of 2 members, TA RESTAURANT LLC, which owns the Restaurant and ONE 29 MANAGEMENT LLC, which will operate the Restaurant; and

WHEREAS, The Restaurant shall have a total floor area of 4,840 square feet of interior space with a bar area, a dining room and a lounge/library, and an unenclosed rear yard of 753 square feet; and

WHEREAS, There shall be 2 full bars and 1 service bar; 95 tables, 227 chairs (including banquette seating) and 22 bar stools inside; 25 tables and 50 chairs in rear yard; and

WHEREAS, Estimated patron usage is approximately 101 in the bar and lounge/library, 148 in the dining room, and 50 on the unenclosed rear yard, with an estimated total capacity of 335, including kitchen personnel and staff; and

WHEREAS, The Park Avenue South façade of the Restaurant has an opening with folding glass windows 16 feet wide and 9 feet, 6 inches high (the "Glass Wall"); and

WHEREAS, The sound system at the premises shall conform to the specifications recommended in the attached sound engineer's report, which directs sound inward to maximize containment of all amplified sound within the interior of the space, is computer controlled by management with pre-set maximum volume, and with no amplified sound played in the rear yard; and

WHEREAS, At its option, have a live DJ playing music in the interior spaces, but shall have no live music or dancing at the Premises; and

WHEREAS, The Glass Wall shall be open (i) no later than 12:00 midnight Sunday – Thursday, and 1:00 a.m. Friday and Saturday and (ii) only when the area adjacent to the Glass Wall is being used for seated table service; and

WHEREAS, Applicant shall prevent the open Glass Wall from being used for ingress or egress to the Restaurant and at any time when the Glass Wall is open, and shall maintain a solid physical barrier with a height no less than table height and a length no less than the width of the opening; and

WHEREAS, Applicant shall discourage patrons from congregating in front of the premises and encourage that they leave the premises in a respectful manner; and

WHEREAS, Applicant shall discourage the parking of idling cabs, limousines and other vehicles on the street in front of the Premises and arrange for valet service and off-site waiting areas for town cars to prevent street congestion by vehicles; and

WHEREAS, Applicant shall monitor the interior and exterior of the premises and maintain a senior floor manager at all times when the Restaurant is in operation, plus, from 8:00 pm through 4:00 am Thursday – Saturday, provide a dedicated host and no less than 1 security guard (or more as reasonably determined by Applicant); and

WHEREAS, The applicant offered to met with neighbors and CB5 on a regular basis if requested and also offered to provide a 24-hour hotline to a live manager or security director to immediately address any complaints from the community; and

WHEREAS, The applicant shall be responsible for any use of "promoters" and will not retain any promoter to "host" a public event that would be perceived as the promoter's event.  At any time that an event or party is hosted or marketed (in whole or in part) by a third party: (i) at all times the applicant shall remain responsible for and in control of the venue and its patrons and (ii) except for New Years Eve and Halloween, all material positions of operation shall be the employees of the Restaurant at all times; and

WHEREAS, Although there was concern and objection voiced by the public regarding the operation of the rear yard, in response, the applicant agreed (i) to restrict use of the rear yard to table service dining only, with the area closed no later than 11:30 PM every day (ii) to install sound dampening greenery around the space and (iii) to maintain open communication with the residents in the vicinity of the rear yard and to communicate with both a CB5 liaison and a community liaison, as necessary, to immediately address any quality of life issues caused by applicant's operation of the rear yard space.  Applicant also agreed to return to the Public Safety/Quality of Life Committee six (6) months after opening of the rear yard space to evaluate the success of the restrictions established to minimize disturbance of the residents in the vicinity of the rear yard; and

WHEREAS, Should Applicant or TA RESTAURANT LLC, or ONE 29 MANAGEMENT LLC ever contemplate a transfer of its interest in the Restaurant ownership or management ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), such transferring party shall notify CB5 of such intent and shall require any potential transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Michael Achenbaum and/or William Achenbaum ever contemplate a transfer of their interest in TA RESTAURANT LLC so that they do not have a controlling management interest in the owner of the Restaurant ("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 of such intent and any potential transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Jonathan Segal ever contemplate a transfer of his interest in ONE 29 MANAGEMENT LLC so that he does not have a controlling management interest in the operator of the Restaurant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), he shall notify CB5 of such intent and shall require any potential transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, The applicant has agreed to adhere to all of the above in the form of the attached affidavits by TA RESTAURANT LLC and ONE 29 MANAGEMENT LLC, and to incorporate these conditions into the liquor license application method of operation and will submit to CB5, a copy of the final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends denial of the restaurant liquor license at 420 PARK AVE SOUTH (28TH/29TH Streets) for ONE 29 PARK LLC unless the above and attached conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

WHEREAS, The applicant, Blas Group LLC and/or Henry Blaylock and/or Richard Lusardi and/or Paul Leblin, has notified Community Board Five of its intent to apply for a new on-premises liquor license for a new restaurant to be located at 9 West 19th Street; and

WHEREAS, The initial application was presented to the Public Safety Quality of Life Committee in July proposing a new restaurant in a space formerly operated as a bookstore, containing 2,150 square feet of space on the ground floor and basement of the premises, with 40 tables, 130 chairs and 10 bar stools, and a total capacity of 150; and 

WHEREAS, The initial application included plans to have a dj, operating hours until 4:00 AM, and other characteristics not usually seen in applications for use as a restaurant; and

WHEREAS, Since the application was incomplete in that it did not contain a floor plan of the space, a proposed menu, and other items inquired about by committee members, the applicant requested that the hearing on the application be postponed and such request was granted; and

WHEREAS, Reconsideration at the September committee meeting again found the application incomplete since items requested by the committee at the previous hearing, including the use and transfer provisions of the proposed lease, were not provided, inaccuracies were found in part, with the floor plan and layout being misleadingly not drawn to scale, which resulted in the applicant again requesting that the hearing on the application be postponed and such request was granted; and

WHEREAS, The committee was concerned that the revised plans showed reduced hours, a reduced number of tables and chairs, and an inexpensive menu, yet provided for expensive renovations and construction, and questioned how the applicant would make ends meet with fewer hours, fewer tables, inexpensive food and very high construction costs; and

WHEREAS,  The applicant stated that they would rely on alcohol sales for their income while breaking even on the food, that one of the principals would himself manage the restaurant and tend bar, and that the chef would be paid on a profit-sharing basis; and 

WHEREAS, The committee expressed concern and believes that this was an unrealistic plan, unlikely to succeed and was also concerned that one of the principals is in the finance industry and has no experience owning or operating restaurants and, although the other one of the principals has prior experience as part of teams opening and managing other bars and restaurants, the applicant does not have the necessary business experience or acumen needed for the proposed endeavor or to be granted the privilege and responsibility of holding a liquor license; and

WHEREAS, The proposed new restaurant, although seemingly small at 2,150 square feet, is in a space formerly operated as a bookstore and members of the public objected to the issuance of yet another liquor license in an area already overwhelmed by an inordinate number of licensed establishments; and

WHEREAS, The proposed location on 19th Street between Fifth and Sixth Avenues is one block from the "Moratorium Area" - an area of CB5 so oversaturated by licensed premises so as to constitute a blight on the community, causing excruciating and unbearable disturbance to the neighborhood and causing the New York City Police Department to establish a special outpost in the area to help control the crowds, noise, violence (including shootings and stabbings), attributed to the existing licensed establishments that plague the area; and 

WHEREAS, Since 19th Street has been taking on the characteristics of the Moratorium Area one block away and, for some time, residents of 19th Street have been requesting that CB5 extend the Moratorium Area to include 19th Street, CB 5 believes that adding a new liquor license in this location is not in the best interest of the community; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the on-premises liquor license by Blas Group LLC and/or Henry Blaylock and/or Richard Lusardi and/or Paul Leblin for a new on-premises liquor license for a restaurant to be located at 9 West 19th Street.

WHEREAS, The applicant, 121 West 45th Street Restaurant Corp., operates a restaurant/lounge known as “Connolly’s” located at 121 West 45th Street;

WHEREAS, The applicant has notified Community Board Five of its intent to file an alteration application with the New York State Liquor Authority to add approximately 484 square feet of unenclosed space on the rooftop of the premises to be used for outdoor dining;

WHEREAS, The additional space shall contain 1 service bar, 10 tables and 40 seats;

WHEREAS, The applicant shall obtain and implement recommendations from a sound engineer to design a sound system for the outdoor space which directs sound inward to maximize containment of amplified sound within the space and minimize the possibility that sound from these systems might be heard outside the restaurant;

WHEREAS, The area surrounding the outdoor space has no observable residences that could be disturbed by the operation of an outdoor area of the restaurant;

WHEREAS, The applicant and its affiliates have 3 other Connolly’s and 2 Perfect Pints restaurants, none of which are the subject of any complaints known to CB5; therefore be it

RESOLVED, That Community Board Five recommends approval of an alteration application with the New York State Liquor Authority to add approximately 484 square feet of unenclosed space on the rooftop of the premises to be used for outdoor dining.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining; 1 present not entitled to vote.

WHEREAS, The applicant, Madeline's Events Corp., has notified Community Board Five of its intent to apply for a new on-premises liquor license for the restaurant named SAGAPONACK, located at 4 West 22nd Street; and

WHEREAS, The restaurant contains 1,900 square feet of space on the ground floor, 1,600 square feet of space on the mezzanine level, and 1,000 square feet of cellar space; and

WHEREAS, The premises has a total capacity of 166 patrons, with one patron bar, no service bars, 33 tables, 85 chairs and 15 bar stools; and

WHEREAS, The applicant is aware that the business formerly operating at this location was a blight on the community and caused excruciating and unbearable disturbance to the neighborhood.  The applicant has assured CB5 that their operation will be a good neighbor and an asset to this community; and

WHEREAS, The premises shall be operated as a restaurant, only as a restaurant, and as nothing but a restaurant.  The premises shall be operated only for table service of food with service of alcohol and bar service ancillary to the operation of a restaurant; and

WHEREAS, The premises is adequately soundproofed to prevent any sound disturbance outside the premises or to any living space; and

WHEREAS; The hours of operation of the premises are:

• Monday, Tuesday, Wednesday, 11:30 AM to 12:00 Midnight

• Friday and Saturday 11:30 AM to 1:30 AM

• Sunday 10:00 AM to 11:00 PM

WHEREAS, The applicant has agreed to the following conditions and stipulations regarding the operation of the premises and has agreed to deliver the attached notarized affidavit swearing to abide by these terms and to incorporate these conditions and stipulations into the Method of Operation as part of the liquor license application submitted to the State Liquor Authority, a copy of which shall be simultaneously submitted to CB5:

The applicant shall:

• not operate a club or lounge on these premises and shall operate the premises as a restaurant, only as a restaurant, and as nothing but a restaurant; and shall operate the premises only for table service of food with service of alcohol and bar service ancillary to the operation of a restaurant;

• not permit music other than background music ancillary to the operation of the premises as a restaurant to be played at the premises; not permit any live performances; and not permit any disk jockey to play music at the premises;

• not seek a cabaret license;

• not to request a sidewalk café;

• maintain a waiting area inside the premises to prevent lines of patrons outside, if necessary;

• discourage the parking of idling cabs, limousines and other vehicles on the street and the parking of loud high-powered sound system bearing cars in front of the premises;

• provide for the cleanup of any litter on the street or sidewalk within 50 feet from either side of the doors of the premises arising as a result of the operation;

• ensure that the garbage, especially food garbage, is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians;

• meet with neighbors and CB5 on a regular basis if requested and also provide a 24-hour hotline to a live manager or security director to immediately address any complaints from the community;

• in the event the applicant ever contemplates a transfer of  the operation, notify Community Board Five of such intent and agrees that any such transfer shall be subject to prior approval by CB5;

• File no alteration application affecting the premises with the SLA without the prior written approval of CB5;

WHEREAS, Members of the community were present at the committee hearing of this application and there was no opposition voiced by the public at said meeting; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the on-premises liquor license by Madeline's Events Corp. for a new on-premises liquor license for the restaurant named SAGAPONACK, located at 4 West 22nd Street UNLESS the terms, conditions and stipulations set forth herein are adhered to and are incorporated into the method of operation of the applicant's State Liquor Authority application.

The above resolution passed by a vote of 31 in favor; 1 opposed; 1 abstaining.

WHEREAS, The applicant, 29 West 36th Street Associates LLC, has notified Community Board Five of its intent to apply for a new cabaret liquor license for a new club to be located at 29 West 36th Street; and

WHEREAS, The premises contains 6,000 square feet of space on two floors and the basement of the premises, with a legal capacity of 900 patrons, which applicant has agreed to reduce to 650;

WHEREAS, The premises shall have two patron bars, one service bar, 50 tables and 100 chairs;

WHEREAS, The applicant has prepared a summary of its plans for the operation, including specifications regarding acoustics, traffic, security, community outreach and charity work, its management team, and its development team, which specifications are attached hereto and made a part hereof, and applicant shall strictly adhere to these specifications and shall not materially deviate from them without the prior written consent of CB5;

WHEREAS, The applicant has engaged a sound engineer and shall strictly adhere to the specifications and recommendations contained in the acoustical report attached hereto and made a part hereof;

WHEREAS, The applicant has engaged a private carting company and shall strictly comply with the special waste disposal provisions recommended in the letter attached hereto and made a part hereof;

WHEREAS, the applicant has engaged a traffic engineer and shall strictly comply with the recommendations set forth in the traffic study attached hereto and made a part hereof;

WHEREAS, the applicant has engaged an independent monitoring agency and shall strictly comply with the requirements and recommendations set forth in the independent monitor's mission statement attached hereto and made a part hereof;

WHEREAS, The applicant has agreed to the following conditions and stipulations regarding the operation of the premises and has agreed to deliver the attached notarized affidavit swearing to abide by these terms and to incorporate these conditions and stipulations into the Method of Operation as part of the liquor license application submitted to the State Liquor Authority, a copy of which shall be simultaneously submitted to CB5:

The applicant shall:

• Provide the following security:

•  
  • 1 Supervisor will be assigned to oversee all security personnel
  • 1 Doorman at the front door with an ID Scanner
  • 2 Security Officers, 1 Male and 1 Female, to conduct the front door searches
  • 4 Security Officers strategically placed on the dance floor
  • 1 Security Officer roaming the bar and dance floor
  • 1 Security Officer placed on the second floor stairs to the VIP entrance
  • 2 Security Officer posted on the second floor level
  • 1 Security Officer roaming the second floor and bar
  • 2 Security Officer assigned to the restroom/coat check area
  • 2 Security Officers outside of the premises controlling the flow of pedestrian and vehicular traffic
  • 1 Security Officer posted outside to oversee the smoking section

• maintain a waiting area inside the premises to prevent lines of patrons outside at any time;

• discourage patrons from congregating outside and ensure that they leave premises in a respectful manner;

• discourage the parking of idling cabs, limousines and other vehicles on the street and the parking of loud high-powered sound system bearing cars in front of the premises;

• not permit promoters or sub promoters to control events at the space, including, without limitation, private party rentals of the space;

• within 2 hours after closing after each night of operation or private event, provide for the cleanup of any litter or other unsanitary conditions arising as a result of the operation on the street and sidewalk on 36th street between Fifth and Sixth Avenues so that the street may be clean and open for business;

• ensure that the garbage is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians and businesses;

• meet with the Fashion Center BID, neighbors, and CB5 on a regular basis if requested and post signs with a 24-hour hotline and email address to a live manager or security director so that complaints from the community can be addressed immediately;

• in the event the applicant ever contemplates a transfer of  the operation, notify Community Board Five of such intent and agree that any such transfer shall be subject to prior approval by CB5;

• file no alteration application affecting the premises with the SLA without the prior written approval of CB5;

WHEREAS, The applicant has assured CB5 that their operation will be a good neighbor and an asset to this community; therefore, be it

RESOLVED, That Community Board Five recommends DENIAL of a new cabaret liquor license for a new club to be located at 29 West 36th Street UNLESS the terms, conditions and stipulations set forth herein are adhered to and are incorporated into the method of operation of the applicant's State Liquor Authority application.

The above resolution passed by a vote of 26 in favor; 5 opposed; 3 abstaining; 1 present not entitled to vote.

WHEREAS, The applicant, Gallery 17, Inc., has notified Community Board Five of its intent to apply for a transfer of an existing on-premises liquor license for a bar located at 37 West 17th Street; and

WHEREAS, The bar contains 1,475 square feet of space on two floors of the premises; and

WHEREAS, The premises currently has a legal capacity of 75 patrons, which the applicant shall seek to increase to a capacity of 150 patrons, and there is and will be one patron bar and one service bar; and

WHEREAS, The concept of the operation is to display artwork in a lounge type atmosphere; and

WHEREAS, The premises is adequately soundproofed to prevent any sound disturbance outside the premises or to any living space; and

WHEREAS, The applicant has agreed to the following conditions and stipulations regarding the operation of the premises and has agreed to deliver the attached notarized affidavit swearing to abide by these terms and to incorporate these conditions and stipulations into the Method of Operation as part of the liquor license application submitted to the State Liquor Authority, a copy of which shall be simultaneously submitted to CB5:

• The applicant shall:
• not seek a cabaret license;
• provide no less than two security guards outside of the premises at all times of operation to ensure the orderly flow of pedestrian and vehicular traffic;
• maintain a waiting area inside the premises to prevent lines of patrons outside at any time;
• discourage patrons from congregating outside and ensure that they leave premises in a respectful manner;
• discourage the parking of idling cabs, limousines and other vehicles on the street and the parking of loud high-powered sound system bearing cars in front of the premises;
• not employ promoters or sub promoters to market events at the space, or use the internet or email to advertise events, and  not use flyers or other promotional materials to advertise events of any kind, including, without limitation, private party rentals of the space;
• provide for the cleanup of any litter on the street or sidewalk within 50 feet from either side of the doors of the premises arising as a result of the operation;
• ensure that the garbage is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians;
• meet with neighbors and CB5 on a regular basis if requested and post signs with a 24-hour hotline and email address to a live manager or security director so that complaints from the community can be addressed immediately;
• in the event the applicant ever contemplates a transfer of  the operation, notify Community Board Five of such intent and agree that any such transfer shall be subject to prior approval by CB5;
• file no alteration application affecting the premises with the SLA without the prior written approval of CB5;

WHEREAS, The applicant is aware that the business formerly operating at this location was a blight on the community and caused excruciating and unbearable disturbance to the neighborhood, especially with regard to patrons on the sidewalk and spilling into the street, and noisy and unruly behavior.  The applicant has assured CB5 that their operation will be a good neighbor and an asset to this community; therefore, be it

RESOLVED, That Community Board Five recommends DENIAL of the transfer of an existing on-premises liquor license for a bar located at 37 West 17th Street UNLESS the terms, conditions and stipulations set forth herein are adhered to and are incorporated into the method of operation of the applicant's State Liquor Authority application.

The above resolution passed by a vote of 31 in favor; 1 opposed; 1 abstaining.

WHEREAS, The applicant, 230 FA LLC, operates a restaurant/lounge known as "230 FIFTH" located on the 20th floor and rooftop of 230 Fifth Avenue, New York;

WHEREAS, The applicant has notified Community Board Five of its intent to file an alteration application with the New York State Liquor Authority to add approximately 2,500 square feet of completely enclosed space on the 20th floor to be used primarily as a private banquet room;

WHEREAS, The additional space will not increase the occupancy of the premises as a whole and it is not expected that patrons of the new banquet room will increase the use of the outdoor space at the premises;

WHEREAS, The applicant is aware of previous complaints regarding the operation by residents, mostly about noise and excessive amplified music emanating from the unenclosed rooftop area of the premises and crowds of patrons lined up outside the ground floor entrance to the building;

WHEREAS, Although the disturbances caused by the operation have been less severe in recent months, the applicant has agreed to meet with members of CB5 to address the community's concerns and to prevent further disturbance to the community; therefore be it

RESOLVED, That Community Board Five recommends approval of an alteration application to add approximately 2,500 square feet of completely enclosed space on the 20th floor of 230 Fifth Avenue to be used primarily as a private banquet room.

The above resolution passed by a vote of 31 in favor; 1 opposed; 1 abstaining.

WHEREAS, The applicant, Archive Group, Inc., d/b/a "Under The Volcano," has notified Community Board Five of his intent to apply for a transfer of the on-premises liquor license for the premises at 12 East 36th Street; and

WHEREAS, The applicant (Amar Gautam) is presently operating under a SLA "temporary license," has experience and managed other like operations in New Brunswick, NJ; and

WHEREAS, The applicant plans to have the premises operate as a neighborhood bar, with hours of operation to be from 3 p.m. until 3 a.m. Mon-Thurs and until 4 a.m. on Friday and Saturday, closing Sunday at 2 a.m., offering light fare, cheese plates, etc., and

WHEREAS, The total occupancy is 70 and no one from the public spoke in opposition to this application; therefore be it

RESOLVED, That Community Board Five recommends approval of the transfer of the on-premises liquor license for Archive Group, Inc., d/b/a "Under The Volcano," located at 12 East 36th Street.

WHEREAS, The applicant, 147 W. 47th St. Restaurant Corp., 157 West 47th Street TS Hotel LLC, and Amalia NYC LLC has notified CB5 of their intent to apply for an alteration to their liquor license for a rooftop lounge at the premises located at 157 West 47th Street, d/b/a “Aspen Social Club”(formerly Holiday Inn, presently “Stay”); and

WHEREAS, The application encompasses three (3) floors within the Aspen Social Club:

WHEREAS, The largest outdoor space is on the 11th floor (2500 square feet) and faces north where there are no residential buildings – open until 4 am (as per CB5 Guidelines re hours of operation extended due to proximity to residents); and

WHEREAS, The south terraces (10th and 12th floors) are small and closing time will be at 10 p.m., which is in compliance with CB5’s Rooftop Guidelines) and will not negatively impact any residents; and

WHEREAS, All three floors will serve food and drink; and

WHEREAS, There will be a live DJ however, a sound engineer, Al Fierstein of Acoustilog (who attended the Public Safety/Quality of Life Committee meeting) was hired to make an assessment of the space and make recommendations to ensure minimum noise impact on the neighbors – the sound system at the premises will conform to the specifications recommended in the attached sound engineer’s report – locked limiter compressors will be installed on all sound equipment to prevent sound from being raised above legal levels; and

WHEREAS, A waiting area will be designated within the premises to avoid any waiting lines outside the premises and there are two (2) elevators for service to the 10th, 11th and 12th floors in addition to an elevator specifically for service to these floors; and

WHEREAS, Promoters will not operate the events and will only be responsible for marketing guests; and

WHEREAS, Greg Bier and Holly Roberts (applicants) reached out to neighbors at 150 West 47th Street, invited them to meet and tour the space on Thursday, May 7, 2009 – residents were provided with a copy of the Acoustilog report as well as a letter indicating steps that would be taken to prevent any adverse impact on their quality of life; and

WHEREAS, The applicant(s) offered to meet with neighbors and CB5 on a regular basis in order to address any complaints from the community; and

WHEREAS, The applicant(s) have agreed to adhere to all of the above conditions in the form of a signed affidavit and to incorporate these conditions into the liquor license application method of operation and will submit to CB5 a copy of the final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends disapproval of the alteration of the liquor license for 147 W. 47th St. Restaurant Corp., 157 West 47th Street TS Hotel LLC and Amalia NYC LLC unless the above and attached 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 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Studio 466 Inc., has notified Community Board Five of their intent to apply to the NY State Liquor Authority for an on-premises liquor license for the premises located at 466 Lexington 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 provided 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 the 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, To date, no questionnaire or information has been received from this applicant; and

WHEREAS, After many months, the applicant has still not complied with this requirement and the PS/QL Committee and CB 5 have insufficient information regarding the above application for an on-premises liquor license; therefore be it

RESOLVED, That Community Board Five recommends denial of the on-premises liquor license for Studio 466 Inc. for the premises located at 466 Lexington Avenue.

WHEREAS, The applicant, 1170 Broadway Associates, a/k/a Nomad Hotel, has notified Community Board Five of their intent to apply for a hotel liquor license to include a ground floor restaurant and bar as well as a rooftop amenity/lounge for the premises located at 1164-1170 Broadway/12 West 28th Street (presently in pre-construction – anticipated completion date in 2010); and

WHEREAS, This new hotel will:

• be 13 stories
• have approximately 165 rooms
• include 2nd floor meeting and boardroom spaces
• include a catering hall
• include a bar/lounge/restaurant on the ground/mezzanine floors
• include a one-story bar/lounge/event space on the 13th floor
• have rooftop event space which may include a public bar and lounge; and

WHEREAS, The ground floor level, will have:

• two (2) full bars and one (1) service bar
• approximately 4,500 square feet of bar/lounge/restaurant space
• approximately 1,000 square feet of serviceable lobby/reception space; and

WHEREAS, The second floor of the premises will have:

• a catering hall and pre-function space of approximately 1,200 square feet
• one (1) service bar
• an outdoor area adjacent to the catering hall of approximately 400 square feet
• a boardroom of approximately 650 square feet;

WHEREAS, The 13th floor of the premises will have:

• one (1) service bar and two (2) portable service bars
• approximately 1,350 square feet of enclosed event/bar/lounge space including the historic cupola
• an unenclosed inhabitable terrace of approximately 1,200 square feet on the north façade with movable furniture and plantings
• total allowable occupancy of 180 persons; and

WHEREAS, This area is zoned for light manufacturing and there are no residential buildings adjacent to or nearby (the closest is three buildings and one street away); and

WHEREAS, The hours of operation are until 4 a.m., when desired, and are in compliance with CB5's Rooftop Guidelines re hours of operation extended due to proximity to residents; and

WHEREAS, Roof access will have cameras and security that will operate until closing; and

WHEREAS, There will be no amplified sound, i.e., the sound system at the premises shall be designed specifically to limit the radiation of sound to the surrounding neighborhood; and

WHEREAS, The applicant shall not permit any third party sound systems to emit decibels in excess to the property's sound system; and

WHEREAS, There will be no request for a sidewalk café or a cabaret license; and

WHEREAS, Three residents in attendance at the committee meeting voiced their approval of this operation and welcomed the addition to their neighborhood; and

WHEREAS, There was no opposition voiced by the public at the committee meeting; and

WHEREAS, the applicant, his operator partner, and architect will meet and continue to meet with CB5's Public Safety/Quality of Life Committee to address all concerns regarding the rooftop operation; and

WHEREAS, The applicant offered to met with neighbors and CB5 on a regular basis if requested and also offered to provide a 24-hour hotline to a live manager or security director to immediately address any complaints from the community; and

WHEREAS, The applicant has agreed to adhere to all of the above in the form of a signed affidavit and to incorporate these conditions into the liquor license application method of operation and will submit to CB5 a copy of the final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends disapproval of the hotel liquor license and rooftop event space, bar and lounge for 1170 Broadway Associates, LLC – a/k/a Nomad Hotel, located at 1164-1170 Broadway/12 West 28th Street unless the above and attached conditions in the form of an affidavit are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

WHEREAS, The applicant, 1189 Broadway Tenant LLC/Friedfield Breslin LLC, d/b/a "The Royal Pine,"  (represented by Andrew Zobler - owner) has applied for an on-premises liquor license for a small bar/lounge for the premises at 14 West 29th Street; and

WHEREAS, This establishment will be located in a small independent townhouse (four floors) adjacent to the "Ace Hotel" (also owned by the applicant), which has a full-fledged restaurant with a separate liquor license but does not have a lounge within the hotel; and

WHEREAS, The security from the "Ace Hotel" will be used for both establishments; and

WHEREAS, the premises:

• are 1384 square feet,
• have a capacity of 74 (including standing),
• are being leased by the applicants,
• will not have direct access to the adjacent hotel,
• will be accessed from the street (stairs leading down to below street level),
• first floor will be used for storage,
• two floors for retail space,
• fourth floor is presently occupied by a resident who attended the PSQL Committee meeting on 4/13/09; and

WHEREAS, The resident/occupant at 14 W 29th, a member of the PSQL Committee who lives in the area, and an officer of the 13th Precinct's Community Affairs Unit all spoke of the benefit and improvement operations such as this bring to an extremely desolate area and this block in particular and welcome this establishment to the block and the neighborhood; and

WHEREAS, The bar/lounge will operate from 5 p.m. to 4 a.m., serve bar snacks and will afford patrons of the hotel as well as neighborhood residents, etc. the opportunity to sit and relax without having to order a meal; and

WHEREAS, Since this building is located in an historic district, any exterior work to be done to the premises must be presented to CB5's Landmarks Committee and approved by the Landmarks Preservation Commission; and

WHEREAS, The applicants/owners will not make any assignment of the lease to the premises without first notifying the Community Board; the buyers shall submit themselves to the Community Board for its approval prior to any assignment being made or agreed to; therefore be it

RESOLVED, That Community Board Five recommends approval of the on-premises liquor license for 1186 Broadway Tenant, LLC/Friedfield Breslin, LLC, for the premises located at 14 West 29th Street, New York, NY.

WHEREAS, The applicant, 55 W 55th Street Corp. has notified Community Board Five of their intent to apply to the NY State Liquor Authority for an on-premises liquor license for the premises located at 55 West 55th Street, NYC; 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 provided 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 the 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 the Summer of 2008 and each month we have been unable 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, After many months, the applicant has still not complied with this requirement and the PS/QL Committee and CB 5 have insufficient information regarding the above application for an on-premises liquor license; therefore be it

RESOLVED, That Community Board Five recommends denial of the on-premises liquor license for 55 W 55th Street Corp., for the premises located at 55 West 55th Street, NYC.

WHEREAS, The applicant, HPL House NYC Inc. d/b/a HPL House, has notified Community Board Five of their intent to apply to the NY State Liquor Authority for an on-premises liquor license for the premises located at 127 East 55th 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 provided 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 the 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 on 9/11/08 and each month we have been unable to receive the requested/required questionnaire or information regarding this application; and

WHEREAS, The information for this application that was finally received by CB5 was sent two days before Monday night's Committee meeting (1/12/09) and is:

• Not in the form of the required questionnaire and is therefore missing much needed information
• On a form required by the SLA
• An incorrect form (for renewals, not new licenses); and

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

WHEREAS, After many months, the applicant has still not complied with this requirement and the PS/QL Committee and CB 5 have insufficient information regarding the above application for an on-premises liquor license; therefore be it

RESOLVED, That Community Board Five recommends denial of the on-premises liquor license for "HPL House NYC Inc., d/b/a HPL House, for the premises located at 127 East 55th Street, NYC.

WHEREAS, The applicant, B & B Restaurant Group LLC, d/b/a "Benjamin Grill," has notified Community Board Five of their intent to apply to the NY State Liquor Authority for a restaurant on-premises liquor license for the premises located at 129 West 28th Street, NYC; 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 provided 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 the 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 the Summer of 2008 and each month we have been unable to receive the requested/required questionnaire or information regarding this  application; and

WHEREAS, The information for this application that was finally received by CB5 was sent two days before Monday night's Committee meeting (1/12/09) and is:

• Not in the form of the required questionnaire and is therefore missing much needed information
• On a form required by the SLA
• An incorrect form (for renewals, not new licenses); and

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

WHEREAS, After many months, the applicant has still not complied with this requirement and the PS/QL Committee and CB 5 have insufficient information regarding the above application for an on-premises liquor license; therefore be it

RESOLVED, That Community Board Five recommends denial of the on-premises restaurant liquor license for B & B Restaurant Group LLC, d/b/a "Benjamin Grill," for the premises located at 129 West 28th Street, NYC.

WHEREAS, The applicant, EALC LLC, d/b/a "Flatotel," has notified Community Board Five of their intent to apply to the NY State Liquor Authority for an on-premises liquor license/hotel liquor license for the premises located at 135 West 52nd Street/132 West 52nd 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 provided 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 the 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 on 8/22/08 and each month we have been unable to receive the requested/required questionnaire or information regarding this application; and

WHEREAS, The information for this application that was finally received by CB5 was sent two days before Monday night's Committee meeting (1/12/09) and is:

• Not in the form of the required questionnaire and is therefore missing much needed information
• On a form required by the SLA
• An incorrect form (for renewals, not new licenses); and

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

WHEREAS, After many months, the applicant has still not complied with this requirement and the PS/QL Committee and CB 5 have insufficient information regarding the above application for an on-premises liquor license; therefore be it

RESOLVED, That Community Board Five recommends denial of the on-premises liquor license/hotel liquor license for EALC LLC, d/b/a "Flatotel," for the premises located at 135 West 52nd Street/132 West 52nd Street, NYC.

WHEREAS, 11 East 20th Street is a three story building with a rooftop extension on the second floor operated by the applicant, Wichcraft Operating LLC, as a sandwich shop; and

WHEREAS, the Department of Buildings has approved the use of the rooftop extension as a dining area containing seven (7) tables and fourteen (14) seats and the Applicant currently uses the rooftop for such purpose; and

WHEREAS, Applicant has an existing license to serve wine and beer on the premises, not including the rooftop extension; and

WHEREAS, Applicant has notified Community Board Five of its intent to apply for an alteration to its existing wine and beer license to include the outdoor dining area; and

WHEREAS, adjacent to the premises is a mixed use condominium with residential units beginning on the fourth story above the rooftop dining area; and

WHEREAS, although the rooftop dining area has been in use for several months and no complaints have been received regarding same, the residents and management of the condominium have met with Community Board Five to express concerns about the future use of the rooftop for dining.  The residents have enumerated a short list of concerns which the applicant has agreed to address by restricting its method of operation in the manner set forth in the Affidavit attached hereto; and

WHEREAS, The Applicant has agreed to use umbrellas or a canopy on the rooftop to prevent any noise from rooftop diners from unreasonably disturbing the neighboring residents and to investigate additional means of sound dampening if necessary; and

WHEREAS, The applicant offered to met with neighbors and/or CB5 if requested and also agreed to return to CB5's Public Safety/Quality of Life Committee meeting in July of 2009 to address any complaints from the community; and

WHEREAS, The applicant has agreed to adhere to all of the above in the form of a signed affidavit and to incorporate these conditions into the alteration application of the existing wine and beer license's method of operation and will submit to CB5 a copy of the final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends denial of the alteration to the existing wine and beer license at 11 East 20th Street for Wichcraft Operating LLC, unless the above and attached conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

WHEREAS, SCB Entertainment, LLC (Steven Ballinger) has notified Community Board Five (CB5) of a renewal request to the SLA for the on-premises liquor license for the premises at 251 West 30th Street; and

WHEREAS, SCB Entertainment failed to notify CB5 of their renewal in 2006 (as required by the ABC Law) and in January of 2007, CB5 wrote a letter (attached) to the SLA requesting revocation of SCB Entertainment, LLC's on-premises liquor license and also requested that a proscription be placed on the issuance of further liquor licenses at this location (251 West 30th Street) for reasons enumerated in the letter; and

WHEREAS, Information outlined in the January 2007 letter regarding the negative impact of this club on the residential community continues to be true as was brought to the attention of the Public Safety/Quality of Life Committee, at their November 2008 meeting, by residents in attendance and by way of emails; and

WHEREAS, The method of operation, as stated in the attached document i.e., "SUBMISSION TO COMMUNITY BOARD 5 BY SCB…" by Mr. Ballinger when he first applied for the transfer in 2004, continues to be in complete opposition to the actual operation of the premises; and

WHEREAS, In 2004, CB5 was also assured by Mr. Ballinger that the total number of occupants (390) on all three floors "would not be abused or changed," however in March of 2007 he requested and was granted a temporary CofO by the Buildings Department to increase the first floor from 77 to 427 (an increase of 350 people); and

WHEREAS, There have been police reports of altercations (gunshots, stabbings) involving patrons from the club on 30th Street; and

WHEREAS, The bait and switch tactics, poor operating record, poor character, and generally being a poor neighbor to those within the CB5 community, evidence SCB Entertainment, LLC's and Steven Ballinger's disregard for their commitments to the community and CB5 as stated in documents submitted to the Board; therefore be it

RESOLVED, That Community Board Five recommends denial of the renewal and requests revocation of the on-premises liquor license for SCB Entertainment, LLC, for the premises located at 251 West 30th Street, New York, NY. and be it further

RESOLVED, Community Board Five urges the SLA to proscribe the issuance of further liquor licenses at the location of 251 West 30th Street, NY, NY.

WHEREAS, The applicants, Judy & Manhattan, Inc., have notified CB5 of their intention to apply for an on-premises liquor license at 380 Fifth Avenue (35th/36th Streets); and

WHEREAS, The proposed operation of 2000 square feet and a total capacity of 60 was presented to the Public Safety/Quality of Life (PS/QL) Committee of CB5 as a "high-end Japanese restaurant" with a kitchen; and

WHEREAS, The floor plan shows that there is no kitchen, but rather a set up for a bar/lounge, with a sushi line overlaid on top of what was a bar floor plan (and an existing karaoke bar); and

WHEREAS, There will be no lunch service (the hours of operation are 5:00 p.m. – 3:00 a.m., seven days a week), and the lease specifically states that this space is to be used exclusively as a bar & lounge, with absolutely no cooking; and

WHEREAS, The applicant, who has no background or experience in the restaurant business, was not present at the committee meeting and was represented by a liquor license expediter who could not clarify the discrepancies the committee pointed out and questioned; and

WHEREAS, The information submitted on the PS/QL Committee's questionnaire and by the expediter was in conflict with and a misrepresentation of the information on the floor plan and in the lease; and

WHEREAS, The committee was unable to determine the true method of operation at the premises; therefore be it

RESOLVED, That Community Board Five recommends denial of the request for an on-premises liquor license for Judy & Manhattan, Inc., located at 380 Fifth Avenue, New York, NY, due to the misrepresentation of information regarding its method of operation and what is prohibited in the lease.

WHEREAS, The applicant, TGAII, LLC, a/k/a Gansevoort Hotel, has notified Community Board Five of its intent to operate a hotel liquor license and rooftop bar and lounge for the premises located at 414-420 Park Ave South (presently under construction – anticipated completion date of January 2010); and

WHEREAS, This new hotel will be 20 stories with approximately 250 rooms; and

WHEREAS, The hotel liquor license will permit the hotel to offer room service to patrons and spa guests and will contain a catering hall, a bar/lounge on the ground/mezzanine floors, and a three-story bar/lounge on floors 18, 19, and 20; and

WHEREAS, The premises will also contain a restaurant which is not the subject of this application but will be provided for in a future application; and

WHEREAS, The ground floor and mezzanine level will have:

• one (1) full bar and one (1) service bar
• 1,500 square feet of bar/lounge space (ground)
• 400 square feet of bar/lounge space (mezzanine); and

WHEREAS, The third floor of the premises will have:

• a catering hall and pre-function space of approximately 4000 square feet
• an unenclosed terrace of approximately 1200 square feet used for catering events only with hours of operation until 12:00 midnight (and will not be in use every night); and

WHEREAS, The 18th floor of the premises will have:

• one (1) full bar; one (1) service bar and one (1) portable service bar
• approximately 4100 square feet of bar/lounge space enclosable by sliding glass doors
• an unenclosed balcony of approximately 160 square feet on the east façade (table service only – eleven (11) tables with banquette seating for eleven (11) persons and stool seating for eleven (11) persons)
• an unenclosed balcony of approximately 320 square feet on the north façade (table service only – twenty-six  (26) tables with banquette seating for twenty-six (26) persons and stool seating for twenty-six (26); and

WHEREAS, The 19th floor of the premises will have:

• one (1) full bar and one (1) service bar
• approximately 3000 square feet of bar/lounge space enclosable by sliding glass doors
• an unenclosed terrace of approximately 400 square feet on the east façade (table service only – four (4) tables with banquette seating for eight (8) persons each and two (2) tables with eight (8) chairs each
• an unenclosed balcony of approximately 430 square feet on the north east corner of the building (table service only – twenty-seven (27) tables with banquette seating for twenty-seven (27) persons and stool seating for twenty-seven (27) persons
• a pool deck area on the west side of the 19th floor containing approximately 800 square feet of enclosed deck space and approximately 1200 square feet of unenclosed deck space (table service only except for occasional special events); and  

WHEREAS, The 20th floor of the premises will have:

• one (1) service bar
• an unenclosed terrace of approximately 2000 square feet of bar/lounge space (table service only, except for occasional special events – forty-one (41) tables with banquette seating for forty-one (41) persons and stool seating for forty-one (41) persons, nine (9) small tables with two (2) chairs each, and five (5) large tables with eight (8) chairs each; and

WHEREAS, The sound system at the premises shall conform to the specifications recommended in the attached sound engineer's report. All amplified sound in the outdoor areas (other than the pool area) shall be turned off at 12:00 midnight Sunday – Thursday, and 1:00 a.m. Friday and Saturday; and

WHEREAS, The applicant (with written support from CB5) shall request a variance to increase the height of the parapet from 3'6" to 6' in order to minimize any sound that may emanate from the outdoor areas; and

WHEREAS, Waiting areas shall be designated within the premises to avoid any waiting lines outside the premises and of the five elevators in the building, two will be express to the roof area during peak times and special events; and

WHEREAS, The applicant has already begun discussions with nearby parking lots in order to address concerns re vehicular parking, double parking and off-site waiting of livery vehicles; and

WHEREAS, Michael Achenbaum (a principal of the applicant), his partner, head of security and architect met with CB5's Public Safety/Quality of Life Committee to address all concerns regarding this operation and he and his partner, with representatives from CB5, met again the following week with neighborhood representatives to ensure that all concerns had been met; and

WHEREAS, There was no opposition voiced by the public at either of these meetings; and

WHEREAS, The applicant offered to met with neighbors and CB5 on a regular basis if requested and also offered to provide a 24-hour hotline to a live manager or security director to immediately address any complaints from the community; and

WHEREAS, Applicant has agreed that should Michael Achenbaum and/or William Achenbaum ever not have the managing membership interest in the applicant and/or the operator of the premises, any potential transferee of such interest or management shall come before Community Board Five for approval prior to any such transfer of the liquor license; and

WHEREAS, Although it is not within the scope of CB5's input regarding the liquor license for the premises, in order to address residents' concern regarding the ambient light column on the building, the applicant encouraged residents to view the same light column on the downtown Gansevoort, which has not been a problem and also provided CB5 with a letter (attached) from his architect certifying that the light column has been approved by the Department of Buildings and is in compliance with the building code and zoning resolutions; and

WHEREAS, The applicant has agreed to adhere to all of the above in the form of a signed affidavit and to incorporate these conditions into the liquor license application method of operation and will submit to CB5 a copy of the final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends denial of the hotel liquor license and rooftop bar and lounge for TGAII, LLC – a/k/a Gansevoort Hotel, located at 414-420 Park Avenue South (28th/29th)unless the above and attached conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

WHEREAS, The applicant, The Shoreham LLC, d/b/a Shoreham Hotel, has notified Community Board Five of its intent to apply to the NY State Liquor Authority for an alteration to their on-premises liquor license (sidewalk café), for the premises located at 33-39 West 55th Street, NYC; 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 provided 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 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 on 7/31/08; and

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

WHEREAS, The applicant has not complied with this requirement and the PS/QL Committee and CB 5 have no information regarding the above application for an on-premises liquor license; therefore be it

RESOLVED, That Community Board Five recommends denial of the alteration to the on-premises liquor license for "The Shoreham LLC" d/b/a Shoreham Hotel for the premises located at 33-39 West 55th Street, NYC.

WHEREAS, The applicant, RLJ III-HGN Manhattan Lessee, LLC, aka The Hilton Garden Inn 35th Street, has notified Community Board Five of its intent to operate a hotel liquor license for the premises located at 63-67 West 35th Street (presently under construction); and

WHEREAS, This new hotel will be 31 stories with 298 rooms, a limited service hotel restaurant with a small waiting bar and a business center; and

WHEREAS, The hotel liquor license will permit the hotel to offer room service to patrons and to operate a small pub/bar restaurant on the premises primarily for its patrons and will serve sandwiches, salads, soups and appetizers from 5:00 p.m. – 11:00 p.m.; and

WHEREAS, This block has a large commercial presence with other bars, restaurants and budget hotels; and

WHEREAS, Hilton owns, manages or franchises a hotel portfolio of some of the best known and highly regarded brands, has been a leader in the industry for 85 years, and has a strong presence around the world with more than 3,000 hotels and 500,000 rooms in 74 countries; and

WHEREAS, No one at CB 5's Public Safety/Quality of Life Committee meeting held on September 3, 2008 spoke in opposition to this license; therefore be it

RESOLVED, That Community Board Five recommends approval of the hotel liquor license for RLJ III-HGN Manhattan Lessee, LLC, aka "The Hilton Garden Inn," for the premises at 63-67 West 35th Street (5th/6th), NYC.

on-premises liquor license for the premises at 30 West 18th Street; and

WHEREAS, This is a new (presently under construction) residential building that was built with the intent to have a restaurant on the ground floor level and the owner of the building has incorporated into the lease (15-year) to DBRB, LLC the following wording:

40. A.Uses: Tenant shall operate its business in the Demised Premises during the Term as a first-class high-end restaurant (no cabaret, adult entertainment or night club use permitted) selling food and alcoholic beverages (to the extent and if permitted by law) and for no other purpose or use whatsoever;and

WHEREAS, There are additional clauses in the lease that prohibit:

• smoke, chemicals, cooking ingredients or by-products emanating from the premises
• "excessive and objectionable" noise complaints from other persons or tenants in the building
• obnoxious odors
• lines of customers or proposed customers to form outside of the premises while awaiting entry
• the use of any sound medium which may be heard outside the premises
• any waste or garbage to be left in front of the building

WHEREAS, The premises are 3700 square feet on the first floor (restaurant, bar, restrooms, kitchen, coat check etc.) and 1000 square feet in the basement (lockers, dishwasher, microwave, freezer, cold box, prep space, etc.), with 35 tables in the restaurant and 17 stools in the bar, and a full kitchen; and

WHEREAS, There is a basement passageway that leads to the basement of 31 West 17th Street (same owner of both buildings) that is not part of the applicant's leased space and is accessible through a door only for emergency exit from the basement(s); and

WHEREAS, The basement walls between these two buildings are solid concrete;

WHEREAS, The owner, Darren Berman, has 13 years experience in the restaurant industry:

• 1995-2002 – Bice Med Grill Trump Tower– (hired staff, developed wine list, worked with management, etc.) Delmonico's – 1998 (helped reopen), Salute on Long Island and NYC (helped reopen), Bice in NJ, 3 other restaurants on Long Island,
• Jan 06 – Present: Consultant on opening restaurants in NY C and surrounding boroughs; and

WHEREAS, Residents came to the Public Safety/Quality of Life Committee Meeting on Monday, July 7, 2008, to voice their opposition to any liquor license on 18th Street (there are presently no liquor licenses on 18th Street between 5th/6th); and

WHEREAS, In order to address and assuage the residents' fears and concerns, the committee requested and was given the following assurances/conditions/stipulations by the owner, which have been incorporated into a signed affidavit to be included in the application to the State Liquor Authority regarding the method of operation – the applicant will:

• Only use the basement for "non-services" – lockers, dishwasher, microwave, freezer, cold box, prep space, etc.
• Close at 1:00 a.m. (kitchen closes at 12 midnight)
• Close French doors at 9:00 p.m. (if in fact French doors are allowed)
• Never have live music and have quiet background music
• Never have lines outside the premises
• Never use promoters
• Never operate a club/lounge on the premises
• Never seek the granting of a cabaret license
• Never sublease
• Never connect the operation with the basement at 31 West 17th Street
• In the event the premises are to be sold, notify the Community Board before finalizing the sale of premises
• Provide in the contract of sale that the purchaser intends to use the premises in substantially the same manner as is now existing (restaurant)
• Have the buyers meet with the PSQL Committee of CB5; upon finalization, such action/application shall be treated as a new entity
• Abide by the decision of CB5's Consents & Variances Committee if a sidewalk café is sought
• Have a special room for garbage (and make sure it's on the street in a timely manner)
• Post special signage alerting patrons of their "Good Neighbor" Policy; and

WHEREAS, This building is located in the Ladies Mile Historic District and the applicant has been advised that any exterior work to be done to the premises must be presented to CB5's Landmarks Committee and approved by the Landmark Preservation Commission; therefore be it

RESOLVED, That Community Board Five disapproves the application for an on-premises liquor license for DBRB, LLC, located at 30 West 18th Street, unless the above and attached affidavit's stipulations/conditions are incorporated into the method of operation of the applicant's State Liquor Authority Application.

The above resolution passed by a vote of 28 in favor; 0 opposed; 1 abstention.

WHEREAS, GQ Nightlife, LLC, has notified CB5 of their intent to file for the transfer of a liquor license for the premises at 215 West 28th Street; and

WHEREAS, The premises are presently and will continue to operate as a nightclub, were licensed in 1988 and therefore are not subject to a 500' Hearing, encompass four floors with a total square footage of 7603, and have a total capacity of 472; and

WHEREAS, The applicant plans to add a food component in the cellar and the 1st Floor (mezzanine and 3rd floor remain as a club); and

WHEREAS, The hours of operation will be:

• Monday – 1 p.m.-4 a.m.,
• Tuesday – Closed
• Wednesday – 1 p.m.- 2 a.m.,
• Thursday – Saturday – 1 p.m.-4 a.m.
• Sunday – 11 a.m.-1 a.m.; and

WHEREAS, Residents from the adjacent building (213) attended the Public Safety/Quality of Life Committee on Monday, July 7, 2008, to voice their concerns and complaints regarding the past three operations of this club, i.e., extreme noise the most problematic; and

WHEREAS, No one from any of the previous operations are involved in GQ Nightlife LLC; and

WHEREAS, The owner has hired a security firm (Arbus Protective Services), who attended the PS/QL meeting as well, and assured the committee and the residents that they will be:

• Using 17 security guards (more than required, i.e., 1 for every 75 patrons)
• Clearing out club goers and vehicles at closing time in a quiet and orderly manner
• Using special metal detectors on patrons
• Using special scanners (ID)
• Not allowing drugs of any kind; and

WHEREAS, In order to address and assuage the residents' fears and concerns, the committee requested and was given the following assurances/conditions/stipulations by the owner, which have been incorporated into a signed affidavit to be included in the application to the State Liquor Authority regarding the method of operation – the applicant will:

• Hire a sound engineer and will act on the findings (soundproof) in order to alleviate the noise problems that have been plaguing the residents over the years
• Arrange for the proper storage and pickup of garbage
• Provide the cell number of the night manager to the residents
• Instruct security personnel to keep smokers and other patrons on the street quiet and at a minimum
• Post special signage alerting patrons of their "Good Neighbor" Policy; therefore be it

RESOLVED, That Community Board Five recommends disapproval of the application for an on-premises liquor license for GQ Nightlife, LLC, located at 215 West 28th Street, unless the above and attached affidavit's stipulations/conditions are incorporated into the method of operation of the applicant's State Liquor Authority Application.

WHEREAS, Bway & 5th, Inc., has notified CB5 of their intent to file for an on-premises liquor license at 39 West 32nd Street; and

WHEREAS, The applicant, Kyung Rim Choi, who plans to open a Korean restaurant on the premises, also owns two other eating establishments in CB5, i.e., "BBQ" and "Don NYC Inc." at 15 E 32nd Street (both in good standing with CB5); and

WHEREAS, The premises are 5000 square feet with a basement that will house a full kitchen and the first floor/mezzanine that will house the restaurant; and

WHEREAS, The capacity is 168 with 40 tables and a bar (six stools), the hours of operation are 24/7 (no liquor after 4 a.m.), the restaurant will have quiet background music, and there are no other licenses in this building, this is in a commercial zone on a primarily commercial block; and

WHEREAS, The owner stated that this will not be karaoke nor will it become a lounge and has signed an affidavit accordingly; therefore be it

RESOLVED, That Community Board Five recommends disapproval of an on-premises liquor license for Bway & 5th, Inc., located at 39 West 32nd Street, unless the above and attached affidavit's stipulations/conditions are incorporated into the method of operation of the applicant's State Liquor Authority Application.

WHEREAS, Maku Rest Inc., has notified CB5 of their intent to file for the transfer of a liquor license for the premises at 55 West 55th Street; and

WHEREAS, CB5 has received numerous serious complaints in writing and via email regarding the present operation at 55 West 55th Street, and a resident representing the community attended the Public Safety/Quality of Life Committee meeting on Monday, July 7, 2008, in order to present the complaints in person to both the applicant and the community board; and

WHEREAS, A letter was received from the applicant's attorney requesting that this case be postponed to July 2008; and

WHEREAS, The applicant/attorney was reminded again a week before the committee meeting that his presence was requested on July 7, 2008; and

WHEREAS, Neither the applicant, Maku Rest Inc. (Kurtishi Madrit), nor the attorney (Henry Warokomski) attended the above referenced committee meeting; and

WHEREAS, The complaints (some appear to be obvious violations) were not able to be dealt with since the committee was not able to receive any information or answers to questions due to the applicant's/attorney's absence; and

WHEREAS, A letter outlining those complaints will be sent to the State Liquor Authority, pertinent City agencies, etc., along with a copy of this resolution, requesting clarification/information; therefore be it

RESOLVED, That Community Board Five recommends denial of the transfer of the on-premises liquor license for Maku Rest Inc., for the premises at 55 West 55th Street.

WHEREAS, Friedfield Breslin, LLC has notified CB5 of their intent to file for an on-premises liquor license at 1186 Broadway (Hotel Breslin); and

WHEREAS, The applicant, Kenneth Friedman, one of the principal owners of The Spotted Pig (314 West 11th Street) and other venues being sought (one partnering with Mario Batali), will be working at 1186 Broadway with Executive Chef April Bloomfield,  (presently co-owner and chef at The Spotted Pig), who was voted one of "10 Best Chefs of 2007"; and

WHEREAS, The premises are 2353 square feet (ground floor and mezzanine), have a capacity of 140, with 38 tables, with the kitchen closing at 12 midnight; and

WHEREAS, There will be no rear yard dining, no cabaret, no sidewalk café (not enough room), and no immediate intention to have rooftop dining but will abide by the findings of CB5's Public Safety & Quality of Life Committee if and when they do apply; and

WHEREAS, This operation is separate and apart from the hotel, which has its own "hotel liquor license" and came before CB5 in 2007; and

WHEREAS, This building is located in an historic district and the applicant has been advised that any exterior work to be done to the premises must be presented to CB5's Landmarks Committee and approved by the Landmark Preservation Commission; therefore be it

RESOLVED, That Community Board Five recommends approval of an on-premises liquor license for Friedfield Breslin, LLC, located at 1186 Broadway (Hotel Breslin).

WHEREAS, The Grand Central Partnership in partnership with the New York City Department of Transportation has proposed to create a network of 16-19 sidewalk directional compasses to be installed near the entrances to subway stations in the Grand Central Terminal neighborhood: and

WHEREAS, The compasses will be between 30 and 36 inches in diameter, made of solid bronze and placed into the sidewalk in prominent sites at subway entrances and exits; and

WHEREAS, The compasses will give directions to nearby avenues and streets as well as orient people to the directions for uptown and downtown; and

WHEREAS, The GCP and DOT tested a prototype of the directional compasses by installing temporary decals at four selected subway exits for one week around Grand Central Station in the fall of 2007; and

WHEREAS, During the one week testing period, GCP solicited comments and received nearly 800 responses from the public which were overwhelmingly positive and contained insightful suggestions for improvement of the sidewalk plaques; and

WHEREAS, The Board finds that the compasses are visually pleasing and unobtrusive while being very helpful for the many subway riders who are not familiar with midtown streets; therefore, be it

RESOLVED, Community Board Five approves the installation of the proposed bronze sidewalk compasses at the entrances to subways in the Grand Central neighborhood as part of a directional compass program.

The above resolution passed with a vote of 29 in favor, 0 opposed, 1 abstaining.

WHEREAS, The Museum of Arts & Design ("MAD") located at 2 Columbus Circle between West 58th Street, Broadway and 8th Avenues, has requested changes to the parking regulations around the new museum including:

• changing the "No Standing Between 7 AM - 7 PM Except Sunday" to "No Standing Anytime Except Trucks Loading and Unloading" on the north side of West 58th Street so that the MAD can use its loading dock on that street; and
• Creating a new "drop-off only" area in front of the museum on Columbus Circle to be used for special events; and
• Creating a new taxi loading and unloading zone on Broadway; and
• Reserving parking for a "staging area" on the 8th Avenue side of the building; and

WHEREAS, The MAD hired a traffic consultant to recommend appropriate parking regulation changes to meet the Museum's needs; and

WHEREAS, MAD's traffic consultant has recommended changing the regulations on West 58th Street but has not completed a needed study of traffic on Columbus Circle; and

WHEREAS, West 58th Street in this area is extremely congested because of the bus lay-over on the south side of 58th Street and because the street narrows at this point.  The congestion is particularly bad during the evening rush hour; and

WHEREAS, The Board is concerned that any loading and unloading on Columbus Circle would create a dangerous condition because of the high speed traffic in this area and because this area is used for turning onto Broadway; and

WHEREAS, Using the 8th Avenue block as a "staging area" is impractical because most travel to the area would not arrive on the 8th Avenue side of the building and is dangerous because the "staging area" is in a bicycle lane; and

WHEREAS, MAD is overseeing a traffic study of the Columbus Circle traffic which should be shared with both the Board and the Department of Transportation when it is completed so that the taxi loading question can be revisited; therefore, be it

RESOLVED, That the Board approves the proposed taxi-loading and unloading zone on Broadway; and be it further

RESOLVED, That the Board approves changing the parking restrictions on the north side of 58th Street provided that the proposed loading and unloading zone is restricted to the hours of 7 AM to 4 PM and 7 PM to 11 PM and that there is No Standing on this block between 4 PM and 7 PM Monday through Friday and also requests that the Department of Transportation examine the traffic situation in this area and consider moving the bus lay-over zone to a less congested area nearby; and be it further

RESOLVED, That the Board does not approve of creating a "staging area" on 8th Avenue or a loading and unloading zone on Columbus Circle but requests that the MAD share its traffic study when it is completed with the Board and the Department of Transportation and the Board so that these issues can be re-examined.

WHEREAS, BPC Trapeze, LLC, has notified Community Board Five of their intent to apply for an on-premises liquor license, to operate as a restaurant at 17 East 27th Street, New York, NY (a neighborhood of three hotels, condos and coops); and

WHEREAS, The applicants/owners will be: Peter & Erin Chase, Markos Drakotos, Albert Bitton, Joanna Kunze, and Douglas Fanning; and

WHEREAS, Peter & Erin Chase both graduated from Cornell's School of Hotel Administration with emphasis on real estate and Restaurant Operations and Development; and

WHEREAS, Peter Chase assisted in the opening of the Five Star-Five Diamond Hotel, the Four Seasons Chicago, assisted in the creation of Bice Chicago (one of Chicago's most successful restaurants), Coco Pazzo, Chicago, Mad 61 at Barney's, Amacord, managed Le Madri and owned Campagna in New York City; and

WHEREAS, Chef Rene Ortiz, has worked at Patria, Public and Odea, helped revamp Wildfire and Ocean Room in Australia and launched the Emerald Room at Industrie in the South of France before returning to NYC as Executive Chef of La Esquina; and

WHEREAS, Community Board Five received a letter of support from a coop owner of the building of which the premises are a part, writing of his and other owners' "overwhelming enthusiasm" for the proposal; and

WHEREAS, The premises (presently a couples-only private club), which is on the ground floor abutting the back of The Prince George Hotel and the rear lobby of the coop building, has a square footage of 4,300 square feet with a total capacity of 144, (95 dining – with 33 tables and 49 bar); and

WHEREAS, There will be live music/piano jazz in the back portion of the premises that is separated from The Prince George Hotel by a concrete wall; and

WHEREAS, The restaurant will have a full kitchen and will operate Monday through Sunday 4:00 p.m. to 2:00 a.m.; and

WHEREAS, There will be no sidewalk café, no cabaret and no windows that open onto the street; and

WHEREAS, The applicants have assured the committee that they will not become a club/lounge; and

WHEREAS, The applicants/owners will not make any assignment of the lease to the premises without first notifying the Community Board and the buyers shall submit themselves to the Community board for its approval prior to any assignment being made or agreed to; and

WHEREAS, All of the foregoing conditions will be incorporated into the applicants' SLA Application's Method of Operation and will be submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends approval of the on-premises restaurant liquor license for BPC Trapeze 27, LLC, located at 17 East 27th Street, NYC, with the above conditions incorporated into the applicants' SLA Application's Method of Operation.

WHEREAS, Manhattan Community Board Five (CB5) has been asked to review the March 2008 Supplemental Draft Environmental Impact Statement (SDEIS) prepared by NJ Transit for a new cross-Hudson rail tunnel to the West Side of Manhattan, and

WHEREAS, The Board supports a new rail tunnel under the Hudson River as a means to meet present and future demand from commuters coming from New Jersey and encourages all efforts to ensure that this demand is met through additional capacity for mass transit; and

WHEREAS, The plan described in the SDEIS calls for modifying the original proposal by lowering the elevation of the tunnel and the station significantly, to over 150 feet below the surface, and reducing the number of Manhattan tracks from eight to six (and reducing capacity by 30%) so that the entire station will be under the West 34th Street corridor with entrances at 6th, 7th and 8th Avenues; and

WHEREAS, Because of the new depth of the underground tracks and station, the plan no longer includes a rail spur directly to Penn Station but does provide for the future possibility of an extension to the East Side which may or may not be technologically feasible; and

WHEREAS, The Board believes an East Side connection is an essential feature of any new commuter rail line because such a connection would both reduce the number of commuters who arrive on the West Side having to seek a second mode of transportation to the East Side and discourage commuters with an ultimate East Side destination from using private vehicles; and

WHEREAS, Deep cavern train stations pose great inconvenience and potential security risks for passengers, diminishing the utility of this rail investment in its goal of diverting motorists from using Manhattan's overburdened  streets; and

WHEREAS, A  new 34th Street station, particularly without an East Side connection, would add significantly to the already congested sidewalks and subway stations on the west side and exacerbate the already dangerous conditions which exist for pedestrians in this area; and

WHEREAS, This area will also see significant increases in pedestrian traffic due to the rezoning of the Hudson Yards and may see even more significant increases due to planned rezoning around Moynihan Station; and

WHEREAS, The cumulative impact on pedestrian overcrowding in the area should be a subject of any Environmental Impact Statement looking at these issues; and

WHEREAS, The Board believes that it is the responsibility of all the affected agencies, including the Metropolitan Transit Authority, NYC Department of Transportation, the Port Authority and NJ Transit to work together and develop a plan which addresses the serious overcrowding of the streets in the West 34th Street corridor; and

WHEREAS, While the new proposal includes some very good pedestrian circulation improvements by moving some common subway and NJ Transit entrances off the sidewalk, there is no comprehensive approach to mitigating the increased pedestrian traffic which would result from a new station under West 34th Street; and 

WHEREAS, During the earlier planning phase of the Access to the Region's Core (ARC) study, NJ Transit, working in partnership with the PANYNJ and MTA, outlined a plan that would directly link tracks and platforms at Penn Station and Grand Central Terminal, with new Hudson River tunnels, and

WHEREAS, A tunnel bringing trains to Penn Station and Grand Central Terminal is much more convenient for both commuters and long distance passengers seeking to connect to other modes of mass transit; and

WHEREAS, Creating a world class regional and intercity rail passenger system that serves both Midtown hubs – Penn Station and Grand Central Terminal – greatly enhances the economic competitiveness of the Manhattan Central Business District, the region's economic engine, and

WHEREAS, Without a connection to Penn Station there is no real rationale for choosing 34th Street as the most appropriate Manhattan location for a new station; therefore be it

RESOLVED, That Manhattan Community Board Five urges NJ Transit to consider the impact on pedestrian traffic in the area of the proposed underground station and explore mitigation measures which include utilizing Penn Station and Grand Central Terminal as alternative NJ Transit destinations.

• CB5 urges NJ Transit to examine the cumulative impact of the various rezoning and building projects planned for this area and explore mitigation measures which include cooperative efforts with the Metropolitan Transit Authority and New York City agencies.
• CB5 opposes NJ Transit's plan for new Hudson River passenger rail tunnels running into a deep cavern terminal station under 34th Street, described in its March 2008 Supplemental Draft Environmental Impact Statement (SDEIS), without appropriate mitigation measures which alleviate the impacts on pedestrian crowding and safety in the area. 
• CB5 supports the direct track connection to existing tracks and platforms element of the plan described in NJ Transit's earlier February 2007 Draft Environmental Impact Statement (DEIS) and urges NJ Transit to resolve remaining environmental mitigation issues and move forward quickly to complete this connection. 
• CB5 urges the resumption of detailed planning and environmental analysis, and the rapid completion of a direct track connection from Penn Station to Grand Central Terminal, such as the route which was considered in detail in the 2003 Access to the Region's Core (ARC) Phase 3 Major Investment Study.

WHEREAS, The New York City Department of Transportation has proposed expanding existing bus priority lanes on Fifth and Madison Avenue; and

WHEREAS, Fifth Avenue presently has a single bus lane from 59th to 23rd Street and DOT is proposing to add an additional lane of the same length; and

WHEREAS, Madison Avenue presently has two bus lanes from 42nd to 59th Streets and DOT is proposing to extend the two lanes from 23rd Street to 42nd street; and

WHEREAS, The six local bus routes affected by these changes serve 100,000 riders each day and many tens of thousands more commuters using express buses; and

WHEREAS, DOT estimates that the new or expanded bus lanes will improve travel times by up to 20% in the corridor as limited and express buses will be able to pass stopped local buses without entering general traffic; and

WHEREAS, These changes will greatly increase the reliability of on-time buses; and

WHEREAS, DOT has proposed significant overhead signage to facilitate these changes and enforce the new rules; and

WHEREAS, The Board opposes large new signs on Fifth Avenue and the Department has agreed to revisit the signage issues; and

WHEREAS, There remain significant unresolved issues with respect to permitted turns by private vehicles from these bus lanes and the impact of limiting or prohibiting permitted turns on traffic congestion in the area; and

WHEREAS. DOT has agreed to continue to consult with the Board on new issues as they arise during the implementation of the new plan and on proposals for other changes in traffic patterns that may need adjustments as this plan is implemented; therefore be it

RESOLVED, That the Board approves DOT's proposal for additional and expanded bus lanes on Madison and Fifth Avenues between 23rd Street and 59th street and the Board requests that DOT consults with the Board six months after the initial lane changes are made in order to evaluate the impact of these changes to determine if additional actions are necessary on these important thoroughfares.

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

WHEREAS, The New York City Department of Transportation has proposed a 34th Street Bus Priority plan intended to improve safety and bus service for the entire length of 34th Street from the Hudson River to the East River; and

WHEREAS, 34th Street is currently a six lane thoroughfare with abnormally small lane widths which do not accommodate buses or other large vehicles such that the six lanes are essentially illusory as many vehicles requires two lanes to travel on the street; and

WHEREAS, The proposed redesign reduces the total number of lanes to five with dedicated bus lanes along the curb in both directions, two lanes heading west and three lanes heading east; and

WHEREAS, DOT will continue to study how traffic on the street adjusts to the proposed changes and adjust right and left turns as appropriate; and

WHEREAS, DOT has agreed to continue to keep Community Board Five abreast of changes that are being considered for the thoroughfare; and

WHEREAS, DOT has a Long Term Concept for 34th Street which will include a fully separated two-way transitway on one side of 34th street but this plan is still being studied and will not be considered or implemented without considerably more community dialogue and consultation; and

WHEREAS, The Board believes that the proposed 34th Street Bus Priority Proposal is likely to improve transit times for bus riders in this corridor and therefore encourage use of mass transit; therefore be it

RESOLVED, That Community Board Five approves the Department of Transportation proposal for new Bus Priority lanes on 34th Street from the Hudson to East Rivers and the Board requests that DOT consults with the Board six months after the initial lane changes are made in order to evaluate the impact of these changes to determine if additional actions are necessary.

The above resolution passedwith a vote of 34 in favor, 0 opposed, 1 abstaining.

WHEREAS, The owner of 810 7th Avenue, a large office building located on the west side of 7th Avenue between West 52nd and 53rd Streets, has asked the Board to assist in addressing severe overcrowding of buses in front the building; and

WHEREAS, Current parking regulations for the west side of 7th Avenue between West 52nd-53rd Streets provides (from south to north) approximately 40' for commercial use, 40' for two tour bus companies (Gray Line and City Sights), 55' for NYCTA buses (M6 & M7) and 75' for MTA Buses (X1, X6 and X9); and

WHEREAS, a study commissioned by the building owner found:

• the tour bus stop is deficient in size for a single bus, much less for two, for the two companies using the space; and
• the tour buses most often use space assigned to the municipal buses, requiring the latter often to stop in an active travel lane; and
• the tour buses frequently (illegally) idle; and
• municipal buses are often forced to stop in the driving lane and that passengers have to access the buses in the middle of the street; and
• municipal bus riders are often obscured by the parked buses and municipal buses do not stop for them; and

WHEREAS, the study recommended that tour bus operations be separated from the municipal buses and proposed alternate space two blocks south, between 50th and 51st Streets; and

WHEREAS, inspection confirmed the recommended block has ample sidewalk space, with a tourist gift shop at the West 50th Street end, most of the block being the rear exit of the Winter Garden theatre and a tourist related computer and electronics store at the 51st Street end; and

WHEREAS, the Winter Garden theater management is not supportive of new bus loading zones on the same block as the theater because of potential fumes from idling buses during Sunday and Wednesday matinees; and

WHEREAS, the building owners of 810 Seventh Avenue have also proposed using the west side of 7th Avenue between West 53rd and 54th Streets; and

WHEREAS, moving the tour buses from 52nd-53rd Street will improve service to riders of the M6, M7, X1, X6 and X9 lines; and

WHEREAS, the Board finds that the current conditions are dangerous for pedestrians and bus riders; therefore be it

RESOLVED, That Community Board Five requests that the NYC Department of Transportation eliminate the tour bus loading zones on 7th Avenue between West 52nd and 53rd street and move those zones to a nearby site, such as the proposed blocks between 50th and 51st Streets or 53rd and 54th Streets or other appropriate nearby sites and convert the existing tour bus space between 52nd and 53rd Streets to commercial parking.

WHEREAS, 16 West Enterprises LLC, is applying for a new liquor license at the premises 16 West 22nd Street (in the Flat Iron district); and

WHEREAS, The liquor license for the premises was suspended and ultimately revoked by the SLA early this year; and

WHEREAS, The applicant, Robert Watman, came before CB 5's Public Safety/Quality of Life Committee (PSQL) on December 10, 2007, and CB 5 would like to make it clear that our position is in no way a reflection on the applicant or on the establishments he has been operating at other locations; and

WHEREAS, The committee explained that in spite of a three-block moratorium on 20th, 21st, and 22nd Streets, between 5th and 6th Avenues (see attached  resolution), we do investigate all applications; and 

WHEREAS, For many years (approximately 15) the existence of a liquor license at this location has adversely affected the quality of life on 22nd Street and the surrounding area; with a sustained and continuing pattern of noise, disturbance, misconduct and disorder in the licensed premises, in front of or adjacent to the licensed premises, or in the parking lot of the licensed premises, which has adversely affected the health, welfare and safety of the inhabitants of the area in which the licensed premises are located; and

WHEREAS, This location, one of the largest venues in CB5 with a total of 20,000 square feet and a capacity of 2,000, has been plagued with drug dealing and violence, in particular, a shooting in October of 2004 and another in April of 2005; and

WHEREAS, CB 5 has been on record with the State Liquor Authority (SLA) that, no matter who held the liquor license, this location has been one of the worst problem locations in the neighborhood, in fact in the entire CB 5 district; and

WHEREAS, The police have been on record that is one of the worst problem locations in their precinct (13th)

Criminal Report

1/30/06               Assault

06/06                  Grand Larceny

09/06                  Grand Larceny

2/09/07               No Security Guard on premises

11/11/07              Unreasonable Noise; and

WHEREAS, According to police records, there has been a 44% increase in crime within the Flatiron District club zone in the last year; and

WHEREAS, There are over 130 liquor licensed establishments in the Flat Iron area; and 

WHEREAS, The police estimate that this neighborhood is getting 30,000 people over an extended weekend, 10,000 nightly; and

WHEREAS, CB 5's position is in response to a neighborhood that has been inundated and plagued by an extremely high number of liquor licensed establishments all within a four-block area, which includes three of the largest venues in CB 5 and in the NY Metropolitan area; and

WHEREAS, The demographics of this area have changed with a dramatic residential increase:

4 West 21st Street
New - 54 dwellings

52 West 22nd Street                     

Conversion/New - 5 dwelling units(currently on the market)

141 Fifth Avenue                          

Conversion - 40 (approx) dwelling units

35 West 21st Street/38 W 22       

Under Construction - 109 dwelling units

30 West 21st Street                      

Conversion - 18 dwelling units

52 West 21st Street                      

Renovation - 4 dwelling units

16 West 21st Street
Demolition/New Constr. - 14 Story residential building

160 Fifth Avenue     

Sold Dec 2005 - plans unknown

8-14 West 22nd St. and 7-13 West 21st St.             

Rezoned in 2004/05 - Up to 311 dwelling units;

therefore be it

RESOLVED, That Community Board Five DOES NOT RECOMMEND approval of the liquor license for 16 West Enterprises, LLC," located at 16 West 22nd Street or for any other liquor license at this location; and be it further

RESOLVED, For all of the above reasons, Community Board Five recommends that a Proscription be placed, prohibiting the issuance of a liquor license for any part of the licensed premises at 16 West 22nd Street.

WHEREAS, 2427 Restaurant Corp., d/b/a "Eugene's/Gypsy Tea Room," is requesting renewal of the liquor license for the premises at 27 West 24th Street; and

WHEREAS, This is a large venue with an occupancy of over 900; and

WHEREAS, Over the last two years, CB 5 has received numerous complaints regarding the negative impact the patrons of this establishment have had on the residents on and around 24th street; and

WHEREAS, Police reports show a number of violations/incidents (see attached):

WHEREAS, Over the past two years, there have been significant complaints from both the business and residential communities and a significant number of representatives from both communities attended CB 5's Public Safety/Quality of Life Committee (PSQL) meeting on December 10, 2007 to voice their concerns and pleas to recommend denial of this liquor license; and

WHEREAS, 2724 Restaurant Corp. d/b/a "Eugene's," the holder of the liquor license is currently doing business as "The Madison" and "Gypsy Tea Room," (two separate d/b/a's/entities), which is not allowable under the ABC law that states that there can only be one d/b/a doing business under a liquor license; and

WHEREAS, 2427 Restaurant Corp. has filed for bankruptcy in the US Bankruptcy Court for the Southern District of NY and has a voluntary petition for relief under Chapter 11 of the Bankruptcy Code; and

WHEREAS, The corporation has a management company operating with an independent monitor that has reported that they do not have sufficient security staff; and

WHEREAS, The Monitor's report cites incidents of underage drinking on the premises; and

WHEREAS, CB 5 is concerned as to the judgment shown on the part of the operators regarding underage drinking, since the club(s) were appealing specifically to an "18 and over" crowd; and

WHEREAS, The Monitor's report also includes but is not limited to the following incidents within the club:

9/28/07 – summons for disorderly premise (security hit patron with flashlight)

10/13/07 – underage drinking

10/19/07 – male patron hit female patron with bottle – police called

10/05/07 – undercover operative – observes people getting in without id check; and

WHEREAS, The management company that has been operating "The Madison" and the "Gypsy Tea Room" plans to use the premises as a production and event space in addition to a lounge and club; and

WHEREAS, The management company also plans to put someone in charge who has no experience in the nightlife business and the two people working with him who have experience are both from clubs that have been a blight on CB5 for the past 15 years, i.e., "Club Deep," "Club Avalon," "The Tunnel," etc.; and

WHEREAS, With the imminent departure of Eugene DiNino, the current holder of the liquor license, the board has concerns regarding who would be involved were the license to be renewed; and

WHEREAS, The demographics of this area have changed with a dramatic residential increase:

4 West 21st Street
New - 54 dwellings

2 West 22nd Street
Conversion/New - 5 dwelling units (currently on the market)

141 Fifth Avenue                                        

Conversion - 40 (approx) dwelling units

35 West 21st Street/38 W 22nd Street
Under Construction - 109 dwelling units

30 West 21st Street                                    

Conversion - 18 dwelling units

52 West 21st Street                                    

Renovation - 4 dwelling units

16 West 21st Street
Demolition/New Constr. - 14 Story residential building

160 Fifth Avenue                                        

Sold Dec 2005 - plans unknown

8-14 West 22nd St. and 7-13 West 21St.
Rezoned in 2004/05 - Up to 311 dwelling units

20 East 23 St.                                               

New Construction - Residential

5th bet. 26/27 Sts.                                       

Conversion - Residential (open)

Toy Bldg. No.                                              

Conversion - Comm. To Residential

WHEREAS, This club has been cited by the police as one of the biggest problem clubs in the 13th Precinct; therefore be it

RESOLVED, That Community Board Five DOES NOT RECOMMEND APPROVAL of the renewal of the liquor license for 2427 Restaurant Corp., d/b/a "The Madison"/"Gypsy Tea Room," located at 27 West 24th Street.

WHEREAS, Flat Iron Entertainment, LLC d/b/a "Avalon" (formerly "The Limelight") is applying for renewal of their on-premises liquor license at 47-49 West 20th Street a/k/a 656 6th Avenue; and

WHEREAS, This individually-landmarked building, in an historic district, has been allowed to deteriorate over the years into deplorable condition; and

WHEREAS, For over two decades, residents, property owners and businesses have suffered from the extreme noise, vehicular congestion, belligerent crowds, litter, traffic problems, pedestrian concentration, as well as vandalism, incidents of violence and general disorder that accompany this high density of liquor licensed establishments; and

WHEREAS, Community Board Five recognized the hardship the residents endured for over two decades as this neighborhood evolved from a light-manufacturing district with a special permit for residential use into a predominantly residential neighborhood and opposed the granting of a new on-premises liquor license in 2001 for Flatiron Entertainment due to the size of the premises and the impact the high volume of vehicles and the number of patrons would have on the neighborhood; and

WHEREAS, This area has been rezoned as "as-of-right residential" resulting in at least a tripling of residential dwellings; and

WHEREAS, Despite the community board's objection, a liquor license was issued in 2001 as a result of a 500 ft. Hearing, according to the SLA, "specifically because of the reputation of one of the principals, John Blair," who, among other reasons, had ties to the community and claimed the need to serve a "diverse" community; and

WHEREAS, Section 111 of the ABC Law reads: "A license issued to any person, pursuant to chapter one hundred eighty of the laws of nineteen hundred thirty-three or this chapter, for any licensed premises shall not be transferable to any other person or to any other premises or to any other part of the building containing the licensed premises except in the discretion of the authority.  It shall be available only to the person therein specified, and only for the premises licensed and no other except if authorized by the authority;" and

WHEREAS, John Blair is no longer a principal and has no ties at all to Flat Iron Entertainment, LLC, and the original principals listed in 2001 have since changed 100%: and

WHEREAS, Community Board Five believes this "change of ownership" goes against the spirit and/or intent of the law and is really a "transfer in disguise" that prevented the community board from having any input or information regarding the new owners and more importantly circumvented the "500 Foot Hearing" that would have afforded the board and the community the opportunity to opine if treated as a transfer; and

WHEREAS, The applicant and it's representative were not forthcoming in response to basic questions presented by the committee, i.e., matters of ownership and management; and

WHEREAS, For many years the existence of a liquor license at this location has negatively impacted the quality of life on 20th Street and the surrounding area; with a sustained and continuing pattern of noise, disturbance, misconduct and disorder in the licensed premises, and in front of or adjacent to the licensed premises, which has adversely affected the health, welfare and safety of the inhabitants of the area in which the licensed premises are located; and

WHEREAS, This location, one of the largest venues in CB5 with a total of  20,000 square feet and an approximate capacity of 1,800 to 2,000 as per the applicant, has been reports of drug dealing and violence; and

WHEREAS, CB 5 has been on record with the State Liquor Authority (SLA) that, no matter who held the liquor license, this location has been one of the worst problem locations in the neighborhood, in fact in the entire CB 5 district; and

WHEREAS, The police precinct (13th) has been on record that this has been one of the worst problem locations in their precinct (see attached); and

WHEREAS, There are over 130 liquor licensed establishments in the Flat Iron area; and 

WHEREAS, The police estimate that this neighborhood is getting 30,000 people over an extended weekend, 10,000 nightly; and

WHEREAS, According to police records, there has been a 44% increase in crime within the Flatiron District club zone in the last year; and

WHEREAS, The demographics of this area have changed with a dramatic residential increase:

4 West 21st Street                                   

New - 54 dwellings

52 West 22nd Street                                

Conversion/New - 5 dwelling units(currently on the market)

141 Fifth Avenue                                       

Conversion - 40 (approx) dwelling units

35 West 21st Street/38 W 22               

Under Construction - 109 dwelling units

30 West 21st Street                                 

Conversion - 18 dwelling units

52 West 21st Street                                 

Renovation - 4 dwelling units

16 West 21st Street                                 

Demolition/New Constr. - 14 Story residential building

160 Fifth Avenue                                       

Sold Dec 2005 - plans unknown

8-14 West 22nd St. and7-13 West 21st St.
Rezoned in 2004/05 - Up to 311 dwelling units

RESOLVED, That since the original 2001 license was issued because of the reputation of one principal, John Blair, Community Board Five opposes the renewal of the on-premises liquor license for 47 West 20th Street a/k/a 656 Sixth Avenue, Flat Iron Entertainment LLC d/b/a "Avalon," on the grounds that when the ownership was completely changed (specifically the departure of John Blair), the application should have been considered a transfer, prompting a 500 Foot Hearing; and be it further

RESOLVED, That Community Board Five opposes the renewal also due to the size of these premises, the number of patrons and the high volume of vehicles that are negatively impacting this neighborhood; and be it further

RESOLVED, For all of the above reasons, Community Board Five recommends that this license be revoked and a Proscription be placed on the premises, prohibiting the issuance of a liquor license for any part of the licensed premises at 656 Sixth Avenue aka 47-49 West 20th Street.

WHEREAS, 5 West 36th Street Restaurant Corp. is applying for an on-premises liquor license for the premises at 11-13 West 32nd Street – 5th Floor; and

WHEREAS, The premises, with 5000 square feet and a total capacity of 110 will be operating from 5:00 p.m. to 2:30 a.m. Saturday – Wednesday, and 5:00 p.m. to 4:00 a.m. Thursday and Friday as a karaoke bar with eight separate private rooms off the main bar; and

 WHEREAS, There is concern regarding the size of this operation (5000 square feet) that could accommodate a much larger number of patrons; and

WHEREAS, There are two other operations with liquor licenses already in the same building (one is a Karaoke bar) and numerous liquor license establishments on this heavily congested block; and

WHEREAS, The increase of patrons from yet another liquor establishment impacts a changing neighborhood, i.e., a new residential building of approximately 38 floors around the corner on 5th Avenue, between 32nd and 33rd; and

WHEREAS, There are safety concerns since the building (office building) was not intended to accommodate an operation of this nature, i.e., smokers having to leave premises, ability to vacate the premises should there be a fire, etc.); therefore be it

RESOLVED, That Community Board Five recommends denial of the on-premises liquor license for 5 West 36th Restaurant Corp, located at 11-13 West 32nd Street, for the above stated reasons and concerns.

WHEREAS, Fat 2 Muscle, LLC, d/b/a "The Irish Poets Society," located at 13 East 17th Street has applied for an on-premises liquor license; and

WHEREAS, This establishment will be a restaurant of 2000 square feet, with a capacity of 178 and hours of operation:  Sun – Tues 11:30 a.m. – 2 a.m and Wed – Sat    11:30 a.m. – 4 a.m. and will have only quiet background music; and

WHEREAS, The owners have assured CB5 that they will not be requesting a cabaret license and therefore will have no dancing and will not be operating as a club, and will not operate or request a sidewalk café permit now or in the future; and

WHEREAS, The owners have successfully owned and operated Papillion Bistro & Bar, located at 22 E 54th Street in Manhattan (in CB 5's District); and

WHEREAS, These applicants are aware that this location falls within the Ladies Mile Historic District and understand that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without the approval from the Landmarks Preservation Commission; and

WHEREAS, The applicants agree to incorporate the above conditions into the liquor license application method of operation and will submit to CB5, a copy of the final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends approval of an on-premises liquor license for Fat 2 Muscle, LLC, d/b/a "The Irish Poets Society," located at 13 East 17th Street, with the above conditions as part of the method of operation of the applicants' New York State Liquor Authority Application.

WHEREAS, Sheesan Restaurant 26th, LLC, is applying for a hotel liquor license in the Holiday Inn located at 121-125 West 26th Street; and

WHEREAS, The premises will have a total capacity of 174 within three separate operating areas, ( i.e., waiting area, bar area and restaurant); and

WHEREAS, The square footage of the combined three areas is 1900; and

WHEREAS, Mr. Sam Chang (Sheesan Restaurant 26th, LLC) will operate a hotel bar and restaurant (with room service) as the tenant of MMG Hotel Associates LLC (landlord/Holiday Inn); and

WHEREAS, Sheesan Restaurant 26th, LLC is required to operate a restaurant as a condition to its Franchise Agreement with Holiday Inn, which requires having a restaurant on the premises (mainly for guests of the Holiday Inn); and

WHEREAS, The hours of operation of the bar/restaurant will be from 6:00 a.m. to 1:00 a.m (usually closing at midnight); and

WHEREAS, The restaurant area will have no doors or windows that can be left open now or in the future; and

WHEREAS, Mr. Chang, who successfully operates many establishments in the country, in particular the JFK Holiday Inn and JFK Sheraton, has assured CB5 that he will not request a cabaret license and therefore will not be operating as a club and will not operate or request a sidewalk café permit now or in the future: and 

WHEREAS, Mr. Chang agrees to inform CB5 if and when the Franchise Agreement becomes in any way inoperable or is otherwise assigned or transferred, or the terms of the Franchise Agreement change with respect to how the restaurant/bar may operate; and

WHEREAS, The applicant agrees to incorporate the above conditions into the liquor license application method of operation and will submit to CB5, a copy of the final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends approval of the hotel liquor license for Sheesan Restaurant 26th, LLC, located at 125 West 26th Street, with the above conditions as part of the method of operation of the applicant's New York State Liquor Authority Application.

WHEREAS, The applicants, China Grill Management 12 E 22 LLC, d/b/a "Borough Food and  Drink," located at 12 East 22nd Street, have applied for  renewal of their liquor license; and

WHEREAS, Jeffrey Chodorow, a principal of China Grill Management and a restaurateur known for successfully operating well-known dining establishments, attended the Public Safety/Quality of Life Committee Meeting on June 11, 2007; and

WHEREAS, "Borough Food and Drink" will be a first class restaurant featuring artisanal foods and ingredients from and around the New York metropolitan area; and

WHEREAS, When the original liquor license was granted in 2003, China Grill Management agreed to a number of conditions due to the fact that residents of this block and the surrounding area voiced concerns and complaints based on a history of problems with other establishments at that location; and

WHEREAS, For the past four years, China Grill Management has operated this establishment according to the agreement (which is still in effect), with no complaints from residents and no problems reported by the police; and

WHEREAS, No one attended the PSQL meeting to speak in opposition to this operation; therefore be it

RESOLVED, That Community Board Five recommends approval of the renewal of the liquor license for China Grill Management 12 E 22 LLC, d/b/a "Borough Food and Drink,", located at 12 E. 22nd Street.

WHEREAS, Thirty East 30th Street Owner LLC has applied for a hotel beer and wine license, at 30 East 30th Street operating as “Hotel Thirty Thirty;” and

WHEREAS, “Hotel Thirty Thirty” has 350 rooms with approximately 68 rooms operating as single room occupancies (SRO’s); and

WHEREAS, The beer and wine license is to be used in mini bars in guest rooms and not room service, which is provided by a separate restaurant located in the hotel; and

WHEREAS, This hotel has a large space on the ground floor that was at one time a club (“Danceteria”) that negatively impacted this block and neighborhood; and

WHEREAS, Residents have voiced concerns over the years regarding the return of both the club and a liquor license on the premises; and

WHEREAS, Community Board Five has consistently recommended disapproval of a liquor license for the former club space; and

WHEREAS, The applicant has agreed that they will not use the license being applied for to sell beer or wine to the general public in the former club space that was “Danceteria” but reserves the right to limit the sale of wine and beer in that space to hotel guests or private hotel functions; and

WHEREAS, The applicant will notify the Community Board of any alterations regarding the license or the former club space; and

WHEREAS, No one attended the PSQL meeting to speak in opposition to this operation; and

WHEREAS, The applicant has signed an affidavit (attached) outlining the above conditions/stipulations to be incorporated into the method of operation of their New York State Liquor Authority Application; and

WHEREAS, The applicants agree to submit to CB5, a copy of their final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends disapproval of a hotel wine and beer license for Thirty East 30th Street Owner, LLC, d/b/a “Hotel Thirty Thirty,” located at 30 East 30th Street, unless the conditions above and in the attached affidavit are incorporated into the method of operation of the applicant’s New York State Liquor Authority Application.

The above resolution passed with a vote of 36 in favor, 1 opposed, 1 abstention.  

WHEREAS, BecRon, LLC has applied for the transfer of a liquor license located at 143 Madison Avenue; and

WHEREAS, Mark Titone, former owner in excellent standing, of "Vapor," will be involved in the ongoing operation of this establishment, i.e., consulting, financing and a personal guarantee to the landlord regarding the lease; and

WHEREAS, The applicants, Rebbecca Beltran and Ron La Sasso, intend to operate a club/lounge primarily in the same manner currently used by "Vapor" with music and light meals and no dancing, and expect to attract a young professional clientele; and

WHEREAS, The location is approximately 4,000 square feet (of which 2,800 is usable square footage) with occupancy of 200 persons on the first floor and 35 in the basement (which can also be used as a waiting area, if necessary); and

WHEREAS, The club's hours are to be from 4 p.m. to 4 a.m., Tuesdays thru Sundays; and

WHEREAS, The applicants will not apply for a cabaret license; and

WHEREAS, The applicants will not apply for a sidewalk café; and

WHEREAS, The applicants agree to close windows and doors no later than 10 p.m.; and

WHEREAS, The Public Safety/Quality of Life Committee informed the applicants that the neighborhood has many concerns regarding this block because of the proximity of residential buildings to the club, as well as the history of a previous club (China White) at this location where noise and other nuisance conditions had been prevalent; and

WHEREAS, With the intention of being a good neighbor and safeguarding the quality-of-life, the applicants have agreed to run the establishment in accordance with a list of operational guidelines they will implement that includes the following measures:

• Security: radios, ID scanners, first aid and CPR kits, in-house surveillance cameras and other equipment will be utilized to enhance safety and prevent crime and disturbances

• Crowd and Noise Control: sound will not exceed permissible levels and applicant will add sound proofing measures. Security personnel will discourage patrons from congregating outside and ensure that they leave the premises in a respectful manner. Applicants will post signs with their phone number and email addresses so that complaints can be addressed immediately. Applicants also agreed to provide the PSQL Committee with their cell phone numbers and to attend future meetings of the committee to answer complaints or issues brought to the attention of the Community Board.

• Use of Promoters: applicants will employ professional promoters only in connection with the hosting of charitable events. They will only use the Internet and email to advertise the events and will not employ promoters who have a history of littering neighborhoods with flyers and other promotional materials.  They will also work with the Community Board to develop further guidelines for promoters and in the event that a promoter violates the guidelines, applicants will refuse to employ the services of that individual again.

• Additional Measures: Applicants will provide all employees with alcohol awareness training, will have a zero tolerance for drugs policy and will meet regularly with NYPD community affairs personnel; and

WHEREAS, No one attended the PSQL meeting to speak in opposition to this operation; and

WHEREAS, The applicants have signed an affidavit (attached) outlining the above conditions/stipulations to be incorporated into the method of operation of their New York State Liquor Authority Application; and

WHEREAS, The applicants agree to submit to Community Board Five a copy of their final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends disapproval of the application for the transfer of the liquor license, located at 143 Madison Avenue, to BecRon, LLC, unless the conditions above and in the attached affidavit are incorporated into the method of operation of the applicants' New York State Liquor Authority Application.

WHEREAS, 790 Lounge LLC and Soho Café LLC are applying for an on-premises liquor license for a restaurant on the 14th floor and rooftop of the Hilton Garden Inn Times Square located at 790 Eighth Avenue; and

WHEREAS, The 14th floor of the lounge will be adjacent to hotel rooms, and the windows to the East will be covered by bathrooms, a coat closet, and a stairway leading to the rooftop, thus mitigating noise on this level; and

WHEREAS, The rooftop of the restaurant will be confined to a gross square area of 960 square feet with a seating capacity of approximately 64, and will close at 12 midnight Sun-Tues and 2 a.m. Wed-Sat during the months of operation; and

WHEREAS, The rooftop of the lounge will have a partially enclosed structure that will have a roof and Eastward and Southward facing walls, all with noise and light reducing properties (light on the rooftop will be "candlelight" level); and

WHEREAS, The managers of the restaurant attended the Public Safety/Quality of Life (PSQL) Committee meeting on June 11, 2007 and agreed on behalf of 790 Lounge LLC, and Soho Café LLC to the following conditions to be incorporated into the "method of operation" in their liquor license application; and    

• will not become a club

• will not apply for a cabaret now or in the future

• will provide CB5 with telephone numbers of manager

• will have a DJ on the 14th floor

• will close the rooftop at 12 midnight Sun-Tues and 2 a.m. Wed-Sat

• will have no DJ on the rooftop nor play any music on the rooftop other than quiet background music

• will not cook barbeque on the rooftop; and

WHEREAS, After one year of operation, the applicants will return to CB5 (Public Safety/Quality of Life Committee) for reconsideration of the rooftop hours; and

WHEREAS, No one attended the PSQL meeting to speak in opposition to this operation; and

WHEREAS, The applicants have signed an affidavit (attached) outlining the above conditions/stipulations to be incorporated into the method of operation of their New York State Liquor Authority Application; and

WHEREAS, The applicants agree to submit to CB5, a copy of their final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends disapproval of an on-premises liquor license for 790 Lounge and Soho Café LLC, located at 790 Eighth Avenue, unless the conditions above and in the attached affidavit are incorporated into the method of operation of the applicants' New York State Liquor Authority Application.

WHEREAS, Milbel Enterprises, Inc., d/b/a “Duvet”, is applying for renewal of their liquor license, located at 45 West 21st Street; and

WHEREAS, In February, 2004, Edward Belkin, owner, came before the Public Safety/Quality of Life (PS/QL) Committee of Community Board Five and it was explained that this was within CB5’s Moratorium (20th, 21st, and 22nd Streets between 5th & 6th Avenues), and that the community board and the community were concerned regarding the quality of life of the neighborhood, specifically pedestrian and vehicular traffic as well as excessive noise on the street; and

WHEREAS, Mr. Belkin assured the committee that no promoters were to be used and agreed to certain conditions, among them that a waiting area would be maintained inside the premises to alleviate lines outside; and

WHEREAS, Mr. Belkin signed an affidavit to that effect (see attached) and CB 5 recommended approval of the liquor license (see attached February 04 resolution) based on information received and the signed affidavit; and

WHEREAS, CB 5 requested that the SLA consider the application for transfer and that the affidavit be attached and considered part of the liquor license for the premises; and

WHEREAS, At the October 10, 2006 PS/QL Meeting, it was brought to the committee’s attention that this operation was negatively impacting the neighborhood with lines on the sidewalk, noise, and the use of promoters; and

WHEREAS, Mr. Belkin admitted that he does use promoters citing, “I can’t compete unless I use promoters!” – and also that he has waiting lines on the sidewalk that impedes pedestrian traffic “because I haven’t got room inside!” and

WHEREAS, Mr. Belkin misrepresented the nature of his operation by assuring the board that promoters would not be used and by signing an affidavit that he would maintain a waiting area inside the premises; therefore be it

RESOLVED, That Community Board DOES NOT RECOMMEND renewal of the liquor license for Milbel Enterprises, Inc., d/b/a “Duvet,” located at 45 West 21st Street.

The above resolution passed with a vote of 33 in favor, 0 opposed, 2 abstentions.   

WHEREAS, Club Deep, Inc., d/b/a "Club Deep" is applying for renewal of the liquor license at the premises 16 West 22nd Street; and

WHEREAS, In June 2002, Joseph Capetola, the present owner(s) came before the Public Safety/Quality of Life Committee of Community Board Five for a liquor license for the premises; and

WHEREAS, The Public Safety/Quality of Life (PS/QL) Committee explained that this block (22nd Street, between 5th and 6th Avenues) is part of the three-block moratorium within Community Board Five and that the previous operation ("Ohm") at this address adversely affected the quality of life on 22nd Street so much so that it was declared one of the two worst clubs within the board area; and

WHEREAS, The owner assured the committee that the new management would be solicitous of our concerns and

the operation would be catering to a new "corporate" clientele

• the operation would be very different than "Ohm" and more upscale

• the operation would be less "club like" and more of a "lounge"

• there would be increased soundproofing

• there would be increased security outside the club

• the number of patrons would not exceed 550 on the first floor and 300 on the lower level

• promoters would not be used and therefore the street would not be strewn with flyers

• trash would be taken care of and the street in front of the premises would be kept clean; and

WHEREAS, The committee explained that one of the greatest concerns of the residents and the committee was the use of promoters and the committee was assured that promoters would not be used because the lease did not permit it; and

WHEREAS, In November 2004, when the liquor license was up for renewal, Community Board Five did not recommend renewal because Mr. Capetola had not lived up to his representations -- there was reported drug dealing (police reports), and violence, which involved a shooting in October of that same year, (see attached CB5 November 2004 resolution regarding complaints and violations, etc.); and

WHEREAS, At the October 10, 2006, PS/QL meeting, it was brought to our attention that this on-going "problem club" had not only continued to be problematic but had actually gotten worse – the worse nights being Saturday and Sunday, with hundreds of people hanging around the club between 3:30 and 5:30 a.m., club patrons gun motorcycles, scream, honk car horns, blast radios, throw bottles and engage in fighting; and

WHEREAS, New allegations involving activities in and around the club include drug dealing, specifically an undercover detective purchased on five separate occasions: marijuana, cocaine, and ecstasy (within the premises); and

WHEREAS, Since the Authority has initiated revocation proceedings against the premises, CB5 sent a letter to the SLA on October 6, 2005, asking that the misrepresentations of the club owner be presented as part of the on-going proceedings against Club Deep; therefore be it

RESOLVED, That Community Board Five DOES NOT RECOMMEND approval of the renewal of the liquor license for Club Deep, Inc., d/b/a "Club Deep," located at 16 West 22nd Street due to incidences of violence, drug dealing and the misrepresentation of the method of operation to the Community Board and on the SLA application for the liquor license; and be it further

RESOLVED, That Community Board Five recommends REVOCATION of the liquor license for Club Deep, Inc., d/b/a "Club Deep," located at 16 West 22nd Street under Article 8 "General Provisions" S.118 "Causes for Revocation" of the ABC Law.

WHEREAS, AJI Partners, Inc., is applying for transfer of the on-premises liquor license for 215 West 28th Street (formerly operated at “Demerara” and “Nest” Clubs); and

WHEREAS, The owner, Fritz Jean, appeared before CB5’s Public Safety/Quality of Life Committee on September 11, 2006 along with the head of his security operation and the manager of the premises; and

WHEREAS, The premises with a total capacity of 479, occupy three floors (basement, ground and 2nd floor) that will operate from 11 a.m. – 4 a.m., as a restaurant, (has a full kitchen) serving breakfast, lunch, and dinner and as a club/lounge, seven days a week; and

WHEREAS, The premises has been licensed and operating as a club (cabaret) for well over 10 years on a block that is zoned (M1-5 Light Manufacturing) for both cabaret and business and is not zoned for residential use, so less restrictive regulations (such as noise levels) are in place; and

WHEREAS, CB5 is on record as recommending approval of previous requests for this type of operation on this block citing in March 2004 that the original liquor license and that of two other clubs as well were approved on the basis of their location in a light-manufacturing zone; and

WHEREAS, CB5 also cited at that time that the continuing “chipping away” and “spot zoning” that is happening to many areas within CB5 is changing the essential character of certain neighborhoods piecemeal by allowing more and more residential conversions and by grandfathering and allowing many “illegal” residents to legally reside on certain blocks, bringing increased problems between businesses and residents; and

WHEREAS, There is concern regarding a new building under construction on the corner of this block at 8th Avenue in spite of the present zoning and a signed affidavit regarding the attached stipulations was agreed to by the applicant; therefore be it

RESOLVED, That Community Board Five recommends approval of the transfer of the on-premises liquor license for “AJI Partners, Corp.,” located at 215 West 28th Street with the understanding that the attached agreed to stipulations will be incorporated into the method of operation of the New York State Liquor Authority Application.

The above resolution passed with a vote of 28 in favor, 2 opposed, 1 abstention.   

WHEREAS, "C & E 888 Corp" has notified the Community Board of its intent to alter the existing liquor license, i.e., to have its service bar in the sublevel as a full additional second bar at 390 8th Avenue (a stand alone one-story building) and to have a cabaret license; and

WHEREAS, Eddie Lee, the owner, attended CB5's Public Safety/Quality of Life (PSQL) Committee meeting on September 11, 2006, and informed the committee that this would be a club/lounge of approximately 1200 square feet, that he will be using promoters only at special times, with hours of operation Monday – Thursday, closing at 11 p.m. and closing at 4 a.m. Friday – Sunday; and

WHEREAS, Mr. Lee also informed the committee that this operation will not advertise or promote the club to FIT students, will be on the premises during operation and will provide his cell phone number and make himself available if needed; and

WHEREAS, This location is a Use Group 12 without restriction, zoned for cabaret with a capacity of 120 on each floor (basement and ground) and has operated for many years as a small club/lounge; and

WHEREAS, There is concern about the increase of residents in this area in spite of the present zoning and a signed affidavit regarding the attached stipulations was agreed to by the applicant; and

WHEREAS, The neighborhood was informed of this application and no one attended the committee meeting and no complaints or concerns were received by the board office regarding the premises; therefore be it

RESOLVED, That Community Board Five recommends approval of the alteration of the existing liquor license and cabaret for C & E 888 Corp., located at 390 8th Avenue with the understanding that the attached agreed to stipulations will be incorporated into the method of operation of the New York State Liquor Authority Application

WHEREAS, Flat Iron Group has notified Community Board Five of its intent to apply for an on-premises liquor license at 37 West 17th Street (a commercial building); and

WHEREAS, Gloria Sardinis, owner/manager appeared before the Public Safety/Quality of Life Committee (PS/QL) on July 10, 2006, and informed the committee that she intends to open a small lounge of approximately 4,000 square feet with a capacity of 150, open every night from 5 p.m. to 4 a.m., and

WHEREAS, For the past four years, Ms. Sardinis has owned and operated a small lounge, "Rare," located at 416 West 14th Street in Community Board Two; and

WHEREAS, Ms. Sardinis assured the committee and has signed an affidavit that:

• she will not be using outside promoters;

• the premises will be soundproofed;

• no windows will be open onto the street;

• security will be available from 8 p.m. to 4 a.m. to be sure patrons entering, exiting, smoking, will do so quietly;

• she will not be requesting a cabaret license at this time but agreed that if she wishes to apply in the future she will abide by the recommendation of this Community Board;

• in the event the premises are to be sold, she will notify the Community Board before finalizing the sale of the premises; 

• she will provide the name and number of a contact person available on the premises during working hours; and

WHEREAS, Community Board Two has no complaints regarding Ms. Sardinis' operation at "Rare" on 14th Street; therefore be it

RESOLVED, That Community Board Five recommends approval of the on-premises liquor license for "Flat Iron Group," located at 37 West 17th Street with the understanding that the above stipulations will be incorporated into the method of operation of the New York State Liquor Authority Application.

WHEREAS, Delsener/Slater Enterprises, Ltd., d/b/a "Live Nation" has notified Community Board Five of its intent to apply for an on-premises liquor license for the premises located at 127 East 23rd Street (previously a movie and Off-Broadway theater – "Gramercy Theater"); and

WHEREAS, The applicant, Ron Delsener, is noted as one of the most professional music operators in the United States, producing shows in parks and in New York's Radio City, Madison Square Garden, Beekman Theatre, Roseland, and most importantly "Irving Plaza," which is located in CB 5 and has been operating under Delsener Enterprises for over 10 years; and

WHEREAS, This operation will be a live music venue from 8:00pm to 1:00am in a substantially commercial area, similar to but smaller than Irving Plaza, with a capacity of 700 seats, geared toward developing artists; and

WHEREAS, Assurances were given to CB 5 regarding certain concerns and Delsener/Slater Enterprises, Ltd., has signed an affidavit regarding the following where the applicant will:

• not operate a club or lounge on these premises;

• provide for the cleanup of any litter on the street or sidewalk within 50 feet from either side of the doors of the premises arising as a result of this operation;

• provide the telephone number of the manager/owner who will be on premises in case of emergency;

• in the event the premises are to be sold, notify the Community Board before finalizing the sale of the premises; 

• the contract of sale will provide that the purchaser intends to use the premises in substantially the same manner as is now existing (music venue);

• the buyers will meet with the Public Safety/Quality of Life Committee of Community Board Five upon finalization, such action/application shall be treated as a new entity;

• Crowd and Noise Control: sound will not exceed permissible levels and applicant will add sound proofing measures. Security personnel will discourage patrons from congregating outside and ensure that they leave premises in a respectful manner;

• make sure buses and/or trucks will unload further up on 23rd Street (commercial area) and will not remain parked (only for drop off);

• Use of Promoters: applicant will be sole promoter of the premises;

• inform CB5 of any and all corporate changes; and

WHEREAS, Delsener/Slater Enterprises has had a traffic study done regarding proximity to subways, buses, etc., which shows the high degree of mass transit and parking availability related to the premises; and

WHEREAS, Concern regarding the proximity to the School of Visual Arts dormitory and nearby Baruch College was discussed, however, the applicant offered to reach out and work with the colleges and police regarding ID checks, etc., and has, in fact, already met with the NYPD; and

WHEREAS, Community Board Five has had no complaints regarding this operator at the Irving Plaza location and has, in fact, received positive feedback from the precinct; and

WHEREAS, Due to Delsener/Slater Enterprises' experience, background, reputation, and commitment to working with the community and colleges in the immediate area; therefore be it

RESOLVED, That Community Board Five recommends approval of the on-premises liquor license for Delsener/Slater Enterprises, Ltd. d/b/a "Live Nation," located at 127 East 23rd Street, with the understanding that the above stipulations will be incorporated into the method of operation of the New York State Liquor Authority Application.

WHEREAS, The House, Inc., located at 121 East 17th Street, between Irving Place and Union Square East, is applying for an on-premises liquor license; and

WHEREAS, This location/operation is in a free-standing 1854 carriage house (not landmarked) and will be a small neighborhood restaurant offering light fare (tapas, specialties, etc.) with quiet background music in 1,288 square feet of space, and a total capacity of 51 on two floors with hours of operation to be Sunday through Tuesday 11 a.m. to 1 a.m. and Wednesday through Saturday 11 a.m. to 2 a.m.; and

WHEREAS, There will be no sidewalk café and no cabaret, and

WHEREAS, The owner, Joseph Miller, who attended the Public Safety/Quality of Life (PSQL) Committee meeting on June 5, 2006, is a CIA graduate, has owned five restaurants (NJ and NY), and lives within two blocks of the location; therefore be it

RESOLVED, That Community Board Five recommends approval of the on-premises liquor license for The House, Inc., located at 121 East 17th Street, between Irving Place and Park Avenue South.

The above resolution passed with a vote of 35 in favor, 0 opposed, 1 abstention.  

WHEREAS, Hill Country New York, LLC, d/b/a “Hill Country” is applying for an on-premises liquor license at 30 West 26th Street, between 6th Avenue & Broadway; and

WHEREAS, This location/operation is two floors of 4,500 square feet each, will be a “family style” Texas barbecue restaurant, will have total capacity of 200, and is in a non-residential building; and

WHEREAS, The hours of operation will be Monday through Thursday, 11 a.m. to 12 midnight, and Friday through Sunday, 11 a.m. to 2 a.m.; and

WHEREAS, The meats “smoker” room will be behind closed, air tight, glass doors with a special holding place in order to alleviate odors and venting will comply with code; and

WHEREAS, The basement will have live music and a cabaret license will be sought, however, the lease specifies that “Tenant’s Cabaret License may only be used in conjunction with and as integral part of Tenant’s restaurant business….will not be used in conjunction with a stand alone bar, salon, after hour’s club, private members club, dancehall, nightclub or discotheque” – (a representative of the landlord attended the PSQL meeting); and

WHEREAS, One of the owners, John Shaw, who attended the Public Safety/Quality of Life (PSQL) Committee Meeting on June 5, 2006, assured the PSQL Committee that he and his partner, Marc Glosserman, will abide by the recommendation of CB 5 when they apply for a sidewalk café and that should it be approved, the café as well as any open windows will close at 10 p.m.; and

WHEREAS, Mr. Shaw is an accomplished operator of several nationally acclaimed restaurants in New York and San Francisco (Bouley, Nice Ventures, and Union Square Hospitality Group) and will run the day-to-day operations of Hill Country; and

WHEREAS, Elizabeth Karmel, Executive Chef, is a grilling and barbecue information resource for the country’s media and food writers, chefs and cookbook authors and is regarded as America’s female grilling and barbecue expert; and

WHEREAS, Bobby Richter, Pit Master, has won numerous competitions including state championships in New York (2005), Connecticut (2003) as well as being the founder of Big Island Bar-Be-Que in New York; and

WHEREAS, In the event the premises are to be sold, the owners will notify the Community Board before finalizing the sale; therefore be it

RESOLVED, That Community Board Five recommends approval for an on-premises liquor license for Hill Country New York, LLC, d/b/a “Hill Country”, located at 30 West 26th Street.

The above resolution passed with a vote of 35 in favor, 0 opposed, 1 abstention.  

WHEREAS, Bread & Butter Entertainment, LLC, d/b/a "Dragon", located at 37 West 26th Street, between Broadway and 6th Avenue is applying for an on-premises liquor license; and

WHEREAS, This location/operation will be a lounge/restaurant of approximately 2000 square feet, total capacity 199, hours of operation will sometimes be until 4 a.m., operating four or five days a week (Wednesday through Saturday), no live music but will have tapes/CD's and special soundproofing, no dance floor/cabaret (not permissible) and no sidewalk cafe; and

WHEREAS, The owner, Tommy Tardie, who attended the Public Safety/Quality of Life (PSQL) committee meeting on June 5, 2006, owns and operates Fuelray Bar & Lounge at 68 West 3rd Street, located in Community Board 3; and

WHEREAS, Community Board 3 notified our board that they have no complaints regarding this establishment; and

WHEREAS, In the event the premises are to be sold, the owner will notify the community board before finalizing the sale of the premises; and

WHEREAS, The major complaints on and around this block are regarding the traffic congestion and therefore CB 5 will be sending a letter requesting increased police presence in the area; therefore be it

RESOLVED, That Community Board Five recommends approval of the on-premises liquor license for Bread & Butter Entertainment, d/b/a "Dragon", located at 37 West 26th Street.

WHEREAS, IHI-NY, LLC, is applying for an on-premises liquor license at 236 Fifth Avenue (between 27th and 28th Streets); and

WHEREAS, This location/operation is two floors totaling 9,700 square feet that includes a basement and ground floor with a mezzanine, will be a full service restaurant serving Mediterranean and Lebanese cuisine, will have total capacity of 350, and is in a non-residential building; and

WHEREAS, The basement will be used for the kitchen and storage, and the mezzanine may be reduced or eliminated (about 2000 square feet), reducing the square footage and total capacity; and

WHEREAS, The hours of operation will be Sunday through Wednesday, 11 a.m. to 2 a.m. and Thursday through Saturday, 11 a.m. to 3 a.m.; and

WHEREAS, The owner, Philippe G. Massoud, who attended the Public Safety/Quality of Life (PSQL) Committee Meeting on June 5, 2006, affirmed, as stated in his application, that there will be no open windows, no cabaret, and no sidewalk café; and

WHEREAS, Mr. Massoud is sensitive to CB 5’s concerns regarding noise and its impact on the area, and therefore will install special soundproofing and in the event the premises are to be sold, will notify the community board before finalizing the sale of the premises; and

WHEREAS, Mr. Massoud has successfully operated numerous establishments of high repute in New York (Chez Josephine, Carmines), Washington, D.C (Regional and Concept Director for Capital Restaurant Concepts), and elsewhere; and

WHEREAS, No one attended the PSQL meeting to speak in opposition to this operation; therefore be it

RESOLVED, That Community Board Five recommends approval for an on-premises liquor license for IHI-NY, LLC, located at 236 Fifth Avenue.

The above resolution passed with a vote of 32 in favor, 3 opposed, 1 abstention.  

WHEREAS, 26th Street BBQ, LLC, is applying for an on-premises liquor license at 30 West 26th Street; and

WHEREAS, This location/operation is two floors of 5,000 square feet each (the basement will be used for storage), will be a full BBQ/southern cuisine restaurant, will have total capacity of 285, and is in a non-residential building; and

WHEREAS, The hours of operation will be Sunday through Tuesday, noon to 1 a.m. and Wednesday through Saturday, noon to 2 a.m.; and

WHEREAS, The owner, Josh Lebowitz, who attended the Public Safety/Quality of Life (PSQL) Committee Meeting on May 8, 2006, assured the PSQL Committee that there will be no open windows, no cabaret and should he apply for a sidewalk café in the future, he will abide by the decision of Community Board Five at that time; and

WHEREAS, Mr. Lebowitz owns and successfully operates four other “Brother Jimmy’s BBQ’s” in New York City; and

WHEREAS, No one attended the PSQL meeting to speak in opposition to this operation; therefore be it

RESOLVED, That Community Board Five recommends approval for an on-premises liquor license for 26th Street BBQ, LLC, d/b/a “Brother Jimmy’s BBQ”, located at 30 West 26th Street.

The resolution passed with a vote of 33 in favor, 0 opposed, 1 abstention.  

WHEREAS, 49th West 24th Street Partners, LLC, d/b/a "TBD", is applying for an on-premises liquor license for a lounge at 49 West 24th Street; and

WHEREAS, This location/operation:

• will be a martini lounge and will also be used for corporate events (approximately 100 a year)

• will have food brought in from outside if needed (no kitchen)

• is in a commercial building

• is approximately 4,400 square feet

• has a total capacity of 210

• has a courtyard that will be used only for smoking

• will have a DJ but will only have quiet background music

• will be open Wed – Sun from 7 p.m. until 4 a.m.; and

WHEREAS, The owners, Anthony Biondo and Mike Mueller, attended the Public Safety/Quality of Life (PSQL) Committee meeting on March 8, 2006 and agreed to the following stipulations in the attached signed affidavit:

• will not become a club

• will not apply for a cabaret now or in the future

• will not apply for a  sidewalk café now or in the future

• will upgrade soundproofing of premises, if needed

• will provide CB5 with telephone numbers of manager and owner who will be on premises during hours of operation; and

WHEREAS, The owners are aware of the demographic changes in this area, i.e., the increase of residential buildings especially the changes in the "Toy Building" at 200 Fifth Avenue and will be mindful of their neighbors by not allowing their operation to have a negative impact on the quality of life of this and the surrounding area; and

WHEREAS, No one attended the PSQL meeting to speak in opposition to this operation; therefore be it

RESOLVED, That Community Board Five recommends approval of an on-premises liquor license for 49 West 24th Street Partners, LLC, d/b/a "TBD", located at 49 West 24th Street, with the above stipulations in the attached affidavit to be incorporated into the method of operation of their New York State Liquor Authority Application.

WHEREAS, The Event Space, LLC, d/b/a "Lotus Space", located at 122 West 26th Street is applying for a catering license; and

WHEREAS, This location/operation is two levels (5,000/5,000 square feet), with a total capacity of 400 and will be used for catering private parties/events (approximately four per month), many taking place during daylight hours; and

WHEREAS, The lease for the premises specifically prohibits "day in/day out" operation (only allows special events); and

WHEREAS, The owners, Danny Montanez, Luis Collazo and Mario Novogrodzki attended the Public Safety/Quality of Life (PSQL) Committee meeting on May 8, 2006 and agreed to the following stipulations in the attached signed affidavit—that this operation:

• will not become a club

• will not apply for a sidewalk café

• will not have open windows

• will not sell the premises to any entity that is in opposition to these stipulations; and

WHEREAS, Mr. Montanez has owned and successfully operated two other similar establishments in New York City; and

WHEREAS, No one attended the PSQL meeting to speak in opposition to this operation; therefore be it

RESOLVED, That Community Board Five recommends approval of a catering license for The Event Space LLC, d/b/a "Lotus Space", located at 122 West 26th Street with the above stipulations in the attached affidavit to be incorporated into the method of operation of their New York State Liquor Authority Application.

WHEREAS, Restaurant and Lounge, Inc., located at 125 East 54th Street is applying for an on-premises liquor license transfer; and

WHEREAS, This location/operation is presently and will continue to be a restaurant/lounge open Monday and Tuesday 4 p.m. to 11 p.m., Wednesday and Thursday 4 p.m. to 1 a.m. and Friday and Saturday 4 p.m. to 2 a.m.; and

WHEREAS, The square footage for the premises, which are subterranean, is approximately 4,200, with a total capacity of 175; and

WHEREAS, There will be live music Thursday and Friday nights; and

WHEREAS, The owner, Michael Tracy, attended the Public Safety/Quality of Life (PSQL) Committee meeting on May 8, 2006 and assured the committee that he will not be applying for a cabaret  or an outside café for the premises; and

WHEREAS, No one attended the PSQL meeting to speak in opposition to this operation and no complaints have been filed with the community board regarding this location; therefore be it

RESOLVED, That Community Board Five recommends approval of the transfer of the on-premises liquor license for Restaurant and Lounge, Inc., d/b/a “Light”, located at 125 East 54th Street provided the above stipulations regarding no cabaret or outside café are incorporated into the method of operation of the New York State Liquor Authority Application.

The resolution passed with a vote of 33 in favor, 0 opposed, 1 abstention.     

WHEREAS, Mr. Linetsky and one of the present owners of  "Neogaea," the club that is in operation at this location, attended the Public Safety/Quality of Life  (PS/QL) committee meeting on March 7, 2006; and

WHEREAS, The premises, located in The Latham Hotel, are sandwiched in between the Latham and the Prince George Hotel, two residential apartment complexes housing upwards of 400 tenants in each building including small children and people with mental illness disabilities; and

WHEREAS, Ever since receiving its liquor license in 2005 under the guise of a restaurant,  "Neogaea" has been operating as a club, with loud music reverberating and vibrating throughout the building and patron dancing sometimes until 10:30 a.m. five to six days a week; and

WHEREAS, At the Public Safety/Quality of Life meeting, it was brought to our attention that:

•             the applicant has no lease;

•             there is a lack of and inconsistency in information

               provided in the application;

•             the present owner is in litigation with his partner

               (who is not allowed on the premises due to an 'assault

               charge');

•             they do not have a cabaret permit;

•             they do not have a Health Certificate;

•             they do not have Public Assembly Permit; and

•             the Certificate of Occupancy (attached) does not allow

               for this type of operation; and

WHEREAS, Community Board Five has received from the Buildings Department a copy of the disposition of Complaint # 1156388 (attached), Category code: 31 Certificate of Occupancy – None/Illegal/Contrary to CO, Inspected by Badge #1846, effective December 13, 2005, which states that the premises are under the "operation of a public assembly without a permit, (Dance Club) has active vacate order on it and should not be open for business;" and

WHEREAS, Because of this illegal operation of an 'After Hours Club', the quality of life on this residential street with three apartment buildings, new condominiums and a peaceful plaza for residents to enjoy has been negatively impacted with:

•             noise on the sidewalk and street;

•             noise/music emanating loudly from premises;

•             flyers and debris on the sidewalk;

•             urination on the sidewalk;

•             physical violence (bouncer seen kicking patron in

               street);

•             police having to be called;

•             double/triple parked cars and limos;

•             waiting lines with ropes past the Prince George;

•             clean up in the morning done by the Prince George;

               and

WHEREAS, Community Board Five has on record, residents' complaints as well as numerous incident reports specifically from the Prince George Hotel; and

WHEREAS, The Certificate of Occupancy (attached) does not allow for this type of establishment that has been operating illegally since its inception; therefore be it

RESOLVED, That Community Board Five recommends denialof the transfer of this liquor license because there is no lease or ability on the part of the present owner to transfer the license since he is in litigation with his partner and because the information provided by the applicant is incomplete and inconsistent; and be it further

RESOLVED, That Community Board Five urges the State Liquor Authority to disapprove this application for the above reasons and because the license was obtained under false pretenses and is in violation to the use as stipulated in the certificate of occupancy; and be it further

RESOLVED, ThatCommunity Board Five urges the State Liquor Authority to revoke the original liquor license for Orchid Entertainment, Inc, d/b/a Club Neogaea since the Certificate of Occupancy (attached) allows only restaurant use, (the premises have been under operation as a club which is a direct violation of the Certificate of Occupancy) and the Buildings Department has issued an "Active Vacate Order" (attached) that this operation "should not be open for business."

WHEREAS, The restaurant has been in operation since November 2005; and

WHEREAS, The Board, being sensitive to the needs and concerns of both resident and business owners in this area, recommended against the liquor license (see attached resolution) for these applicants in March of 2005 because the following conditions were not agreed to by the applicants at that time:

•             limit the restaurant's capacity to 170

•             use the basement only for storage

•             not have French doors or windows that open onto

              the street

•             not apply for a sidewalk café

•             not sell their premises without first notifying the

              Community Board; if the premises are to be sold, the

              buyers will submit themselves to the Board for

              approval – such action/application shall be treated as

              a new entity; and

WHEREAS, Pedestrian concentration and noise on the sidewalks, particularly this location, have been a major concern in addition to the other existing conditions residents, property owners and businesses in this area are suffering from i.e.; crowds, litter, vehicular congestion etc.; and

WHEREAS, The sidewalk café would include 13 tables (2 seats each) with 7 tables on Park Avenue South and 6 on 20th Street; and

WHEREAS, The French doors and windows will open onto the street; and

WHEREAS, There are at least 11 other liquor license establishments within 500' of this establishment and while Park Avenue South appears to be a commercial strip, it is now becoming even more residential due to changes in city zoning and is in fact in the middle of an area that is primarily residential in character, with a substantial number of residences on the Avenue, and even more on side streets, including the historically significant Gramercy Park neighborhood; therefore be it

RESOLVED, That Community Board Five recommends denial of the alteration to add a sidewalk cafe to the on-premises liquor license for Thessabul LLC, d/b/a "Barbounia," located at 250 Park Avenue South because it is not in the public interest to add to the already existing pedestrian concentration and noise that a sidewalk café will bring.

WHEREAS, "Wichcraft Operating, LLC," has applied for beer and wine licenses for two kiosk locations in Bryant Park, 42nd Street, between 5th & 6th Avenues; and

WHEREAS, The applicant proposes to cordon off an area for beer and wine consumption that limits and provides less space for public use; and

WHEREAS, Community Board Five has many questions regarding this application, i.e., size, tables, seating, hours of operation, etc.; and

WHEREAS, "Wichcraft Operating, LLC" did not provide plans as requested, or send a representative to the Public Safety/Quality of Life committee meeting on Monday, December 5, 2005 who could answer such questions; and

WHEREAS, Community Board Five, along with other agencies, organizations and residents, is on record and has expressed concern that Bryant Park has become largely a venue for commercial and private events, thereby ultimately failing to restore to the public its only parkland oasis away from the busy midtown area; and

RESOLVED, Community Board Five opposes granting beer and wine licenses for two kiosk locations in Bryant Park as requested by "Wichcraft Operating, LLC," since we do not have answers to questions and concerns that we have including private/public use of Bryant Park and the cordoned off areas that limit space/access to the public.

The above resolution passed with a vote of 21 in favor, 6 opposed, 2 abstentions.

WHEREAS, "The Scotch Malt Whiskey Society," at 9-15 East 27th Street, is applying for an on-premises liquor license; and

WHEREAS, Whereas, Community Board Five has many questions regarding this application, i.e., plans, square footage, tables, seating, food, hours of operation, etc.; and

WHEREARS, "The Scotch Malt Whiskey Society," did not send a representative to the Public Safety/Quality of Life committee meeting on Monday, December 5, 2005 to answer such questions; therefore be it

RESOLVED, Due to nonappearance/noncompliance by the applicant, Community Board Five does not have answers to questions and concerns that we have regarding this operation and therefore opposes the on-premises liquor license for "The Scotch Malt Whiskey Society," at 9-15 East 27th Street.

The above resolution passed with a vote of 27 in favor, 0 opposed, 1 abstention.

WHEREAS, 47 McPub, Inc., d/b/a/ "The Bay Club" is applying for an alteration application for additional space and rooftop dining for the premises at 47 East 29th Street; and

WHEREAS, On October 10, 2003, the applicants came before the Public Safety/Quality of Life Committee of Community Board Five requesting approval of an on-premises liquor license; and

WHEREAS, Community Board Five recommended approval of the liquor license due to assurances by the applicant that the stipulations in the attached affidavit would be carried out and adhered to; and

WHEREAS, One stipulation that "There will be no outside caf�, no open windows, no cabaret" was requested due to complaints from neighbors regarding noise emanating from "outside" the establishment; and

WHEREAS, In June 2004, Community Board Five received complaints that the applicants were operating an illegal wooden rooftop and the Department of Buildings issued violations for the rooftop and for occupation without a Certificate of Occupancy; and

WHEREAS, Community Board Five has learned that there will be a residential building built in the recently demolished building in the adjacent lot; therefore be it

RESOLVED, That Community Board Five is opposed to the alteration application for 47 McPub Inc. d/b/a "The Bay Club," because it creates a noise problem for residents already living in the surrounding buildings as well as for the residents who will be living in the building adjacent to the premises; and be it further

RESOLVED, That Community Board Five is opposed to the alteration application for 47 McPub Inc. d/b/a "The Bay Club," located at 47 East 29th Street, because it is already illegally constructed and in operation.

The above resolution passed with a vote of 27 in favor, 0 opposed, 1 abstention.

WHEREAS, Flat Iron Entertainment, LLC d/b/a "Avalon" (formerly "The Limelight") is applying for renewal of their on-premises liquor license at 47-49 West 20th Street a/k/a 656 6th Avenue; and

WHEREAS, For the past two decades, residents, property owners and businesses have suffered from the extreme noise, vehicular congestion, belligerent crowds, litter, traffic problems, pedestrian concentration, as well as vandalism, incidents of violence and general disorder that accompany this high density of liquor licensed establishments; and

WHEREAS, The Public Safety and Quality of Life Committee heard complaints of noise, unruly and violent crowds, daily garbage and litter left on the street, daily stench on the street due to constant urination and vomiting, and also numerous complaints from residents regarding the current operation of the Avalon; and

WHEREAS, Community Board Five recognized the hardship the residents endured for the last two decades as this neighborhood evolved from a light-manufacturing district with a special permit for residential use into a predominantly residential neighborhood and opposed the granting of a new on-premises liquor license in 2001 for Flatiron Entertainment due to the size of the premises and the impact the high volume of vehicles and the number of patrons would have on the neighborhood; and

WHEREAS, This past year, this area has been rezoned as "as-of-right residential" resulting in at least a tripling of residential dwellings; and

WHEREAS, Despite the Community Board's objection, a liquor license was issued in 2001 as a result of a 500' Hearing, according to the SLA, "specifically because of the reputation of one of the principals, John Blair," who, among other reasons, had ties to the community and claimed the need to serve a "diverse" community; and

WHEREAS, Section 111 of the ABC Law reads: "A license issued to any person, pursuant to chapter one hundred eighty of the laws of nineteen hundred thirty-three or this chapter, for any licensed premises shall not be transferable to any other person or to any other premises or to any other part of the building containing the licensed premises except in the discretion of the authority. It shall be available only to the person therein specified, and only for the premises licensed and no other except if authorized by the authority;" and

WHEREAS, Community Board Five has recently learned, that not only is John Blair no longer a principal and has no ties at all to Flat Iron Entertainment, LLC, but that the original principals listed in 2001 have since changed 100% - a change that was accepted by the State Liquor Authority "in the discretion of the authority" without notification to the Community Board or a 500 Foot Hearing; and

WHEREAS, Community Board Five believes this "change of ownership" goes against the spirit and/or intent of the law and is really a "transfer in disguise" that prevented the Community Board from having any input or information regarding the new owners and more importantly circumvented the "500 Foot Hearing" that would have afforded the Board and the community the opportunity to opine if treated as a transfer; therefore be it

RESOLVED, That since the original 2001 license was issued because of commitments made by one principal, John Blair, Community Board Five opposes the renewal of the on-premises liquor license for 47 West 20th Street a/k/a 656 Sixth Avenue, Flat Iron Entertainment LLC d/b/a "Avalon," on the grounds that when principals of the corporate ownership was completely changed (specifically the departure of John Blair), the application should have been considered a transfer, prompting a 500 Foot Hearing; and be it further

RESOLVED, That Community Board Five opposes the renewal also due to the size of these premises, the number of patrons and the high volume of vehicles that are negatively impacting this neighborhood.

The above resolution passed with a vote of 28 in favor, 0 opposed, 2 abstentions, 1 present not entitled to vote.

WHEREAS, “ARK Bryant Park Corp,” located at Bryant Park, 42nd Street between 5th and 6th Avenues, and presently operating the “Bryant Park Grill” intends to file an application for a Seasonal Winter Liquor License for “The Ice Café,” located in a new tent at the east end of Bryant Park; and

WHEREAS, The applicant, currently operating under a temporary wine and beer license, has now applied for an on-premises liquor license to use until January 15th in “The Ice Café,” that overlooks the newly erected ice skating rink that covers the park’s lawn; and

WHEREAS, Community Board Five, along with other agencies, organizations and residents, is on record and has expressed concern that Bryant Park has become largely a venue for commercial and private events, thereby ultimately failing to restore to the public its only parkland oasis away from the busy midtown area; and

WHEREAS, It is mandated and Community Board Five has insisted since the inception of Bryant Park Restoration Corporation (BPRC), that proposed activities for Bryant Park, including commercial activities, come before the board as part of the public review process; and

WHEREAS, BPRC representatives attended Parks Committee meetings regarding this installation and each time agreed to return to the committee regarding specific questions and concerns, e.g., sponsorship, size, cost, timeframe, safety, revenue, liquor license; and

WHEREAS, BPRC proceeded with installing the facility without the board’s knowledge and more importantly, the appropriate public input, announcing at a press conference the “opening” of the rink and holiday shops around the perimeter; and

WHEREAS, Community Board Five has also learned that the facilities will be rented out for private events; and

WHEREAS, There would be no need for a Seasonal Liquor License without the rink and holiday shops, which the board was not able to obtain specifics and opine on; and

WHEREAS, Community Board Five believes that a liquor license for a bar specifically related to the ice rink is not in the public interest because it:

WHEREAS, The Central Park ice rink and the Rockefeller Center ice rink have no liquor license directly attached to the operators of these rinks and are successful operations; therefore be it

RESOLVED, That Community Board Five does not recommend the Seasonal Winter Liquor License for “ARK Bryant Park Corporation” because it is not in the public interest as it contributes to further overuse, over commercialization and encroachment of public space in Bryant Park.

The above resolution passed with a vote of 25 in favor, 1 opposed, 2 abstention.

WHEREAS, 21st Street Partners, LLC, (formerly “Lola’s”) has applied for an on-premises liquor license for the premises at 30 West 22nd Street; and

WHEREAS, The applicant, Greg Brier, will open a first class restaurant, has 15 years experience in the restaurant business and has operated other successful restaurants, i.e., Pacific East and Pacific Time; and

WHEREAS, The applicant has employed professional chef Gabrielle Hackman, who has owned four successful restaurants and was recently the executive chef at “Santa Café” in Santa Fe, New Mexico; and

WHEREAS, There are no changes in capacity (200) or square footage (5,000) of the premises, there will be no request for a sidewalk café or cabaret and the restaurant will remain open only if the kitchen is serving; and

WHEREAS, While this location, which has had a liquor license for the past 20 years (“Lola’s”), is within the moratorium area of Community Board Five (20th, 21st, and 22nd Streets), there have never been complaints to the Community Board regarding the premises; and

WHEREAS, The Van Alen Institute, a non-for-profit owner of the building that has occupied the sixth floor since 1983 and is considered to be a good neighbor with a concern for the street and the community, decided in June of 2004 not to renew “Lola’s” lease as they were becoming increasingly disappointed with “Lola’s” operations and felt that the location could attract a more upscale and first class restaurateur; and

WHEREAS, The Van Alen Institute stated in a letter to Community Board Five that they wanted to assure the Board that they wish to associate themselves with a tenant who would enhance the long-term image and value of their property, and that they are seeking a tenant who will not only reflect well on their organization but will also serve as a benefit for the block as well as the neighborhood; and

WHEREAS, The applicant and the Van Alen Institute understand the nature and history of the problems in this area and the concerns of the residents on a block that is so fragile due to the high number of liquor licenses in the area and accordingly the applicant has signed the attached affidavit; and

WHEREAS, The applicant is aware that this location falls within the Ladies Mile Historic District and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; therefore be it

RESOLVED, That Community Board Five recommends approval of the on-premises liquor license for 21st Street Partners, LLC, located at 30 West 22nd Street, based on the above information, the attached affidavit, the applicant’s/chef’s backgrounds and the stated intention of the owner of the building; and be it further

RESOLVED, That Community Board Five respectfully requests that the SLA consider the application for this liquor license and that this affidavit (below) be attached and considered a stipulation to the liquor license for the premises at 30 West 22nd Street.

MANHATTAN COMMUNITY BOARD FIVE

450 SEVENTH AVENUE, SUITE 2109

NEW YORK, N. Y. 10123

WHEREAS, The applicant, J&S Restaurant Corporation, located at 13 East 31st Street is applying for an on-premises liquor license; and

WHEREAS, Seven months ago the applicant came before the Board requesting and receiving a recommendation for approval of a beer/wine license; and

WHEREAS, The recommendation for approval was based upon the signed affidavit from the applicant stating, among other stipulations, that J&S Restaurant “will not request or operate a liquor license now or at a later date;” therefore be it

RESOLVED, That Community Board Five recommends denial of the on-premises liquor license for J&S Restaurant Corp., located at 13 East 31st Street.

The above resolution passed with a vote of 26 in favor, 0 opposed, 1 abstention.

WHEREAS, Three Amigos SJL, Inc., is applying to the SLA to transfer the liquor license from Club New York, located at 252 West 43rd Street; and

WHEREAS, The former occupant, Club New York, had for several years been the scene of numerous disturbances, noise, crowds on the streets, unruly behavior, and a shooting involving a famous celebrity; and,

WHEREAS, At Community Board Five's Public Safety/Quality of Life Committee meeting held on September 7, 2004 and again on July 11, 2005, regarding this matter, the owner, Steve Aslan, described the concept for the establishment as a "Gentlemen's Club and Restaurant", aka topless bar, that will be operated as a 60/40 club in accordance with New York City's Adult Entertainment Zoning regulations; and

WHEREAS, Mr. Aslan is known to Community Board Five as the proprietor for seven years of the VIP Lounge, a similar type of club located on West 20th Street between 5th and 6th Avenues, which has received support from the residents of that area since it was widely stated that VIP was operated without any negative effects on the community in contrast to the many other unruly night clubs located there; and

WHEREAS, Mr. Aslan has indicated that the target market will be primarily an upscale clientele including professionals and business executives, and there will be a dress code; and

WHEREAS, The main room for entertainment will be located in the rear, and the remainder of the space will consist of a high-end restaurant and a waiting area with a bar and private dining area, the hours of operation will be from 5p.m. to 4a.m., six days per week (closed Sundays), and there are plans to eventually open for lunch, and the occupancy of the club will be between 250-300 people, in contrast to often more than 1,000 at Club New York; and

WHEREAS, There is a parking lot on either side of the premises; and

WHEREAS, The applicant was sympathetic to the questions and suggestions raised by the members of the Public Safety and Quality of Life committee and the Security Director of the Times Square Hotel located directly across the street, and has agreed to undertake the following ameliorative measures to prevent the nuisance conditions that prevailed at this location in the past:

• There will be no rope line on the sidewalk outside the club and applicant's security personnel will discourage patrons from congregating outside
• There will be no flyers distributed outside the club and the area surrounding the premises will be kept clean
• Applicant agrees to work cooperatively with the security personnel from the Times Square Hotel and will provide his personal telephone number to the security director of the hotel so that instant communication can be established if necessary
• Signage on the exterior of the premises will be muted, there will be no flashing lights and the only sign will be the name of the club

WHEREAS, Based on the above-enumerated steps agreed to by the applicant and based on the applicant's track record of working cooperatively with Community Board Five; therefore be it

RESOLVED, That Community Board Five recommends approval of the transfer of the liquor license from Club New York to Three Amigos SJL, Inc., located at 253 West 43rd Street.

The above resolution passed with a vote of 21 in favor, 4 opposed, 2 abstentions

WHEREAS, Molo Lounge, Inc., d/b/a “Sensa Restaurant” located at 676 Sixth Avenue,  (formerly known as “The Tomato Restaurant”) is requesting an on-premises liquor license; and

WHEREAS, The names of the principals are Anastassios Kaporis, Constantine Plagos, Costakis A. Constantinou, Emanuel Kanaris, Fotios S. Mihas and Nick Plagos; and

WHEREAS, Anastassios Kaporis and Costakis Constantinou are both restaurateurs who have been operating successful similar operations (24-hour diners with liquor licenses) at 79th Street and Broadway (Yorkville Restaurant), 23rd Street and Eighth Avenue (Venus Diner), 89th Street and Third Avenue (Stargate Diner), and 1580 Third Avenue (TDC Café Corp.); and

WHEREAS, The premises, which are approximately 2,500 square feet with an occupancy of less than 100 people and a basement for storage, etc., are to be operated as a diner with a Mediterranean flair; and

WHEREAS, The hours of operation are to be from 11a.m. to 11p.m. in the 1st phase (approx three months), and the owners will notify the Community Board prior to changing their hours to 24/7; and

WHEREAS, If approved, they will operate a sidewalk café but have agreed to close the café at 11 p.m. every night; and

WHEREAS, The owners understand that the community surrounding the premises has specific concerns regarding this and two other adjoining blocks (20th, 21st and 22nd Streets between Fifth and Sixth Avenues, which comprise CB 5’s liquor license “Moratorium” area) and therefore have agreed to and signed an affidavit with the following stipulations: The owners will:

RESOLVED, That Community Board Five recommends approval of the on-premises liquor license for Molo Lounge, Inc., d/b/a “Sensa Restaurant”, located at 676 Sixth Avenue, provided the attached stipulations are upheld; and be it further

RESOLVED, That Community Board Five respectfully requests of the State Liquor Authority that this affidavit be accepted, attached and considered a stipulation to the liquor license for these premises.

The above resolution passed with a vote of 26 in favor, 0 opposed, 1 abstention.

WHEREAS, Tribeca Entertainment Group, Inc., is applying for a liquor license at 14 East 27th Street; and

WHEREAS, This establishment is approximately 6,000 square feet, occupying the ground floor and basement, and will be operating as a lounge; and

WHEREAS, Residents attending the PS/QL meeting voiced complaints and concerns regarding the present operation at this address ("The Social Club") and the negative impact it has had on the community, including noise from patrons in front of the establishment and from cars, limos and radios until 4 or 5 a.m., fights outside the establishment, and two shootings right outside the premises, all verified by police reports; and

WHEREAS, The applicants, Sal Imposimato, Frank Sinicola and Edward Liva III, none of whom have been involved in the previous operation at this location, attended the Public Safety/Quality of Life Committee meeting held June 6, 2005, and assured the community and CB5 in the form of an affidavit (attached) that the following stipulations to the liquor license will be upheld – they will:

• not seek the granting of a cabaret license;

• not use promoters;

• not have loud music, and will install additional soundproofing if necessary to control noise emanating from the establishment;

• maintain a waiting area inside the establishment to alleviate lines outside, if necessary;

• discourage the parking of idling cabs, limousines and other vehicles on the street;

• provide for the cleanup of any litter on the street or sidewalk within 50 feet from either side of the doors of the establishment arising as a result of their operation;

• provide the telephone number of one of three owners who will be on premise and one additional owner in case of emergency;

• meet with the Public Safety/Quality of Life Committee with their security plan in July 2005; and

WHEREAS, One of the owners, Sal Imposimato, who lives in Manhattan and will be regularly on-premise at this establishment, has ten years experience in the business having worked in such establishments as "China Grill Miami," "Dorsia," "So Ho and Tribeca Grand Hotels," "Asia de Cuba, New York," and "Four Seasons Hotel, Beverly Hills;" therefore be it

RESOLVED, That Community Board Five recommends approval of the liquor license for "Tribeca Entertainment Group, Inc.", located at 14 East 27th Street, provided that the attached stipulations are upheld; and be it further

RESOLVED, That Community Board Five respectfully requests of the State Liquor Authority that this affidavit be accepted, attached and considered a stipulation to the liquor license for the premises.

WHEREAS, Utsav, a restaurant located in an urban plaza, mid-block at 1185 Avenue of the Americas between 46th and 47th streets has a special permit CP 20489 granted in 1968 to the original builders who received a height, set back and a floor area bonus for having an open public plaza and other amenities including a restaurant; and

WHEREAS, The restaurant was to serve as a passage for the plaza itself and the main portion of the restaurant was to be located in the bridge over the landscaped plaza; and

WHEREAS, The special permit was granted in 1968 with an approved plaza design in 1971 showing gardens, an outdoor café and other amenities; and

WHEREAS, The Department of City Planning has asked the owner of Utsav to create the outdoor café shown in the original plans; and

WHEREAS, The current owner, Nadita Khanne, is in the process of applying to modify the special permit to provide:

• bar service in an open air café consisting of 48 seats and 12 tables for use by Utsav restaurant

• seating for the public in the plaza; and 

WHEREAS, The owner has agreed to add trash receptacles and additional lighting in the public plaza; and

WHEREAS, The new amenities will include conspicuous signage near the sidewalk on either end of the plaza containing information regarding the public nature of the plaza; and

WHEREAS, There will be no music in the plaza; and

WHEREAS, All the proposed changes will enhance an underused plaza located in a populated commercial district with a nearby theatre that would benefit from additional amenities; therefore be it

RESOLVED, That Community Board Five recommends approval of the proposed modification of the special permit to add bar service to the outdoor cafe in the urban plaza at 1185 Avenue of the Americas.

WHEREAS, The applicant, "HAK Caterers"/"HAK Events" (Omar Trevedi, principal), located at 31 West 19th Street, has filed a letter of intent with CB 5, to apply for a liquor license; and

WHEREAS, The premises are approximately 10,000 square feet, occupying the ground floor and the basement; and

WHEREAS, The applicant and his attorney, Mr. Frank Palillo,  attended Community Board Five's Public Safety/Quality of Life Meeting held on Monday, April 11, 2005; and

WHEREAS, The following information was obtained during the course of the discussion regarding these premises:

• the license being requested is a catering license not a liquor license

• as per the NYS Department of State, Division of Corporations, "HAK Caterers" is not an entity

• 31 West 19th Street, is part of the same building that also opens onto 28 West 20th Street

• both addresses occupy the ground floor

• there is a passageway between these two locations, connecting them from 19th  Street through to 20th Street for which Community Board Five never received an alteration permit application

• there is a bar located within the premises at 31 West 19th Street

• the premises at 31 West 19th Street have already been in use for "nightclub" activity (see attached web printout regarding "Tedibare Nightclub" located at 31 West 19th Street)

• the premises at 31 West 19th Street and premises at 28 West 20th Street which are now adjoined have been sharing patrons

• for many weekends, unruly activity has been emanating from both establishments, so much so that the past Saturday night (April 9, 2005) police of the 13th precinct did a club inspection, issued summonses and provided the attached report; and

WHEREAS, At least 20 residents from both 19th and 20th Streets attended the PSQL meeting to voice their opposition to a liquor/catering license for 31 West 19th Street, and to inform the committee of the negative impact these premises have already had on the neighborhood; and

WHEREAS, According to the ABC Law, Article 8, Section 106, "no restaurant and no premises licensed to sell liquors ... shall be permitted to have any opening or means of entrance or passageway for persons or things between the licensed premises and any other room or place in the building containing the licensed premises, or any adjoining or abutting premises, unless such licensed premises are in a building used as a hotel and serves as a dining room for guests of such hotel, or unless such premises are a bona fide restaurant with such access for patrons and guests from any part of such building or adjoining or abutting premises as shall serve public convenience in a reasonable and suitable manner"; and

WHEREAS,

• since there is an illegal passageway between 28 West 20th and 31 West 19th Streets, there is already a violation to the above Article 8, Section 106 of the ABC Law;

• the illegal passageway facilitates the distribution of liquor at a non licensed address by a current licensee located at 28th West 20th Street;

• the premises are unlicensed yet there have been "club-like" activities with alcohol on the premises since December;

• there has been a negative impact on the neighborhood prior to their obtaining a liquor/catering license;

• the police are aware of such a negative impact and have issued summonses and reports accordingly;

• there is no Certificate of Occupancy for the premises;

• there is no Public Assembly Permit;

• there is a discrepancy and lack of clarity with respect to corporation names;

• there are Dept. of Health and Fire Dept. violations and police concerns/problems; and

WHEREAS, The attorney stated that "other catering licensed entities have been allowed to use the premises" and will be allowed to hold "private parties" using the NYC Dept. of Consumer Affairs Catering Licenses in contravention of the intention of NY State licensing laws; and

WHEREAS, This block, which already has at least four liquor licensed establishments and is within 500' of one of the most concentrated areas of CB 5 – the Flat Iron area, 20th Street in particular – and has been affected by a sustained and continuing pattern of noise, disturbance, misconduct, and disorder, and now has an additional problem location at 31 West 19th Street, prior to its licensing and official opening; therefore be it

RESOLVED, That Community Board Five strongly urges the State Liquor Authority and/or Consumer Affairs to deny an on-premises or catering license to "HAK Caterers"/"HAK Events", located at 31 West 19th Street, for the above reasons.

WHEREAS, The applicants and owners (Thessabul LLC), Danielle Billera, Matthew Johnson and Simon Oren, have applied for an on-premises liquor license at 250 Park Avenue South (formerly "Patria" Restaurant); and

WHEREAS, The applicants plan to open "Taverna Park," a new Greek concept full-service restaurant totaling approximately 3,150 square feet (including the basement), with a certificate of occupancy of 170; and

WHEREAS, The Board is sensitive to the needs and concerns of both resident and business owners in this area and therefore asked for the following conditions to be agreed to by the applicants:

• limit the restaurant's capacity to 170

• use the basement only for storage

• not have French doors or windows that open onto the street

• not apply for a sidewalk café

• not sell their premises without first notifying the Community Board; if the premises are to be sold, the buyers will submit themselves to the Board for approval – such action/application shall be treated as a new entity; and

WHEREAS, the applicants would not agree to the above stipulations; therefore be it

RESOLVED, That Community Board Five recommends denial of the on-premises liquor license for Thessabul LLC, d/b/a "Taverna Park," located at 250 Park Avenue South because the applicants would not agree to the conditions requested above.