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State Licenses and Permits

157 WEST 47TH STREET (6th/7th), d/b/a “Aspen Social Club” – 147 W. 47th St. Restaurant Corp., 157 West 47th Street TS Hotel LLC and Amalia NYC LLC Alteration to the Liquor License (Rooftop Lounge).

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.

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