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Public Safety & Quality of Life

251 West 30th Street (between Seventh and Eighth Avenues), Lola's - 251 West 30th Street LLC, Application for transfer of an on-premises liquor license

WHEREAS, Lola's - 251 West 30th 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 30th 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 30th street between 7th and 8th 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 30th Street LLC for the transfer of an on-premises liquor license for the ground and second floor space located at 251 West 30th 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.

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