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State Licenses and Permits

30 West 18 Street (5th/6th) - DBRD LLC, application for an on-premises liquor license (new).

WHEREAS, DBRB, LLC, has notified CB5 of their intent to apply for a Restaurant

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:

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:

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:

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.

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