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Public Safety & Quality of Life

760-766 8th Avenue a/k/a 268 West 47th Street, Second and Third Floors, 760 8TH AVE. REST., INC. d/b/a "COPACABANA", Application for a new on-premises liquor license

WHEREAS, 760 8TH AVE. REST., INC. ("Applicant"), has notified Community Board Five of its intention to file for a new on premises liquor license for the second and third floors of the premises located at 760-766 8th Avenue a/k/a 268 West 47th Street, New York, New York, (the "Premises"); and

WHEREAS, The premises consists of approximately 8,000 square feet of indoor space on the second floor and approximately 8,000 square feet on the third floor of the Premises; and

WHEREAS, The second floor includes a coat check, two bathrooms, offices, kitchen, a center room lobby area and restaurant with bar; and

WHEREAS, The second floor will be operated exclusively as a restaurant and bar         with dinner dancing, with a total of 20 tables and 90 seats for dining; several bar stools and a dance area; and

WHEREAS, Occupancy on the second floor is 334 including kitchen personnel and staff; and

WHEREAS, The second floor will include one patron bar and no service bars; and

WHEREAS, The second floor restaurant shall operate from 6:00PM to 11:00PM Tuesday through Saturday for restaurant service and shall close to all restaurant patrons by 12:00 midnight; and

WHEREAS, There will be dancing on the second floor to be permitted during restaurant hours for patrons of the restaurant; and

WHEREAS, After restaurant hours, dancing to be done on the second floor in the restaurant area in conjunction with Private Parties/Catered Events only; and

WHEREAS, The third floor includes a bar, dance floor and two bathrooms; and

WHEREAS, The third floor will be operated exclusively for cabaret, Private Parties/Catered Events; and

WHEREAS, Occupancy on the third floor is 500.  Any seating arrangement will not exceed that limit; and

WHEREAS, The third floor will include one patron bar; and no service bar; and

WHEREAS, The third floor will close at 2:00AM on Sunday, Monday and Tuesday; and will close at 4:00AM the other days of the week; and

WHEREAS, On holiday weekends wherein Monday is a Federal/State holiday, the Premises may remain open until 4:00AM; and

WHEREAS, Applicant has agreed to:

a)         Operate the second floor as a restaurant with seated bar and dining service with dancing from 6:00PM to 11:00PM on Tuesday through Saturday night.  Private Parties/Catered Events will be after restaurant service on the second floor until 4:00AM;

            b)         Operate the third floor as a cabaret with bar and no service bar;

c)         Be responsible for any use and at any time that an event or party is hosted 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.  Applicant uses in house promoters only.  Outsider Promoters will not be used at any time by Applicant;

d)         At all times when the Premises is being used applicant shall dedicate security personnel in and in front of the Premises at all times to

(i) maintain order both inside and outside of the Premises;

(ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner;

(iii) discourage patrons from congregating outside the Premises,

(iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing. 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.  A security plan is attached to this document.

e)         Engage a sound engineer (Accousilog 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 at of the Premises through the walls, windows, or doors to the neighboring or adjoining residences;  to meet legal requirements;  and

(ii)        amplified sound in any outdoor space is optimized to have the lease deleterious effect on neighboring and adjoining residences to meet legal requirements;

f)        Operate a sound system on the second and third floor to compliance with sound system specifications which:

                        (i)         directs sound inward to maximize containment of all amplified sound;

                        (ii)        is computer controlled by management with pre-set maximum volume; and

(iii)       features volume controls that are kept under lock and key and can only be accessed by management.

g)       have only limited use of an exterior "velvet rope" at door.  Interior queuing only and within parameters dictated by and required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

h)       Discourage customers from loitering outside the Premises at any time; no more than 10 smokers shall be permitted outside at any time;

i)        Arrange for private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

j)        Strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

k)       Meet with neighbors and CB5 if requested and shall provide a 24 hour hotline to a live manager or owner to immediately address any complaints from the community;

l)        No customer service of any kind after end of established hours of operation for liquor service. Premises empty after 4:30AM at the latest   except for New Year's Eve if applicant is granted all necessary permits;

            m)        Employ a head of security which is a monitor with the City of New York;

n)         Enforce Sunday through Tuesday closing time no later than 2:00AM and Wednesday through Saturday no later than 4:00AM; and

WHEREAS, Applicant agrees to return to CB5 in six (6) months after opening of business 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 ANTHONY JULIANO or STEVEN JULIANO ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("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 renewal 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 Five recommends denial of a new on- premises liquor license for 760 8TH AVE. REST., INC. for the second and third floors of the premises located at 760-766 8th Avenue a/k/a 268 West 47th Street, New York, New York, 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 37 in favor; 0 opposed; 1 abstaining.

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