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Public Safety & Quality of Life

835/845 Avenue of the Americas (between 29th and 30th Streets), CGM 835 AVE LLC d/b/a Bar Basque and FoodParc - application for an nEW ON-PREMISES liquor license

WHEREAS, CGM 835 AVE LLC, ("Applicant"), has notified Community Board Five of its intention to file for a new on- premises liquor license for the ground floor restaurant (at this time called FOODPARC) located at 845 Avenue of the Americas, New York, New York, and the second floor restaurant (at this time called BAR BASQUE) located at 839 Avenue of the Americas, New York, New York (the "Premises"); and

WHEREAS, the Premises consists of approximately 6,049 square feet of indoor space on the ground floor and 13,328 square feet of indoor space on the second floor; and

WHEREAS, the Premises includes approximately 64 linear feet of outdoor tables and chairs immediately adjacent to the ground floor of the restaurant (the "Plaza Tables"), and approximately 3,595 square feet of terrace space (with a retractable roof) on the second floor (the "Terrace"); and

WHEREAS, the Premises will be operated exclusively as a restaurant, food court, and bar, with a maximum occupancy as contained in its public assembly permit; and

WHEREAS, the Premises currently will include 2 patron (stand-up) bars (one, in the FoodParc, and one, in Bar Basque) and one service bar (on the second floor); and

WHEREAS, Applicant has agreed to use reasonable efforts to:

a.       Operate Bar Basque as a restaurant with bar and dining service only. Private parties shall be deemed included in Restaurant Use but regular and recurring promoter-driven events are specifically excluded from Restaurant Use;

b.       Restrict the use of Plaza Tables to persons purchasing food or beverage from FoodParc; the consumption of liquor at Plaza Tables shall be permitted only by table service by FoodParc employees; the consumption of wine and beer at Plaza Tables shall be permitted by table service or by persons purchasing those products inside FoodParc;

No unenclosed portion of the Terrace and no Plaza tables shall be used later than midnight, Sunday through Wednesday nights, and 1:00 am, Thursday through Saturday nights. Moreover, the retractable roof shall be closed at midnight Sunday through Wednesday, and 1:00 am, Thursday through Saturday to accommodate late dining on the Terrace. Patrons shall not be permitted on any unenclosed portion of the Terrace after these hours.

c.       Be responsible for any use of promoters and at all times that an event or party is hosted or marketed by a third party (in whole or in part): the Applicant shall remain responsible for, and be in complete control of the Premises and its patrons;

d.       At all times when the Premises is being used for more than just Restaurant Use, maintain appropriate security personnel in and in front of the Premises at all times to (i) maintain order both inside and outside of the Premises; (ii) encourage patrons to enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use reasonable 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;

e.       Retain a qualified sound designer to survey the Premises and surrounding buildings to recommend the installation of a sound system and speakers to be used when the Terrace roof is both closed and retracted, and to operating the sound system in compliance with all applicable laws and ordinances governing same;

f.        At the Applicant's option, to have a live DJ playing music in the interior spaces only;

g.       Prohibit dancing at the Premises at all times, except in connection with private events;

h.       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 of the Premises from loitering outside the Premises at any time;

j.        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;

k.       Reasonably comply with and adhere to the plans for the operation of the business, as set forth herein;

l.        Meet with neighbors and CB5. if requested upon reasonable notice, and shall, so long as same is not abused, and calls to said manager or owner are respectfully made, provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Applicant agreed to meet regularly with CB5, if requested to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; 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 the ground floor restaurant located at 845 Avenue of the Americas and the second floor restaurant located at 839 Avenue of the Americas, New York, New York for CGM 835 AVE LLC, 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 36 in favor; 0 opposed; 1 abstaining.

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