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State Licenses and Permits

September 2009, Public Safety & Quality of Life Committee

4 WEST 22ND STREET, MADELINE’S EVENTS CORP. D/B/A/ SAGAPONACK, APPLICATION FOR ON-PREMISES LIQUOR LICENSE

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.