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Public Safety & Quality of Life

17 West 19th St. -  Pinnacle Restaurant Corp. d/b/a The Imperial – application for the renewal of an on-premises liquor license

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 19th 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 19th Street to ensure that patrons enter and leave the Premises and 19th 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 19th 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.

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