656 6th Ave., Grimaldi Pizzeria - application for a new liquor license
WHEREAS, Sixth Avenue Grimaldi, Inc. ("Applicant") has notified Community Board Five of its intention to file an application for a new wine and beer license within the premises leased to Applicant on the ground floor of the Limelight Marketplace located at 656 Sixth Avenue (the "Premises"); and
WHEREAS, The Premises consists of 1,200 square feet of space on the ground floor; and
WHEREAS, Applicant is aware that this location falls within the Ladies Mile Historic District and that the Premises itself is an individual landmark and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; and
WHEREAS, Although the Premises are in CB5's moratorium area, and there are residents who continue to object to any new liquor licenses on 20th Street or 21st Street or 6th Avenue between 20th Street and 21st Street, the Premises falls within an exception to the moratorium prohibition since it contains less than 3,000 square feet and satisfies other requirements for the exception; and
WHEREAS, The Premises will be operated as a sit down pizza establishment similar in operation to Applicant's other locations of the same name, and
WHEREAS, The Premises will have an occupancy of seventy four (74) persons, will have twenty five (25) tables and sixty-five (65) chairs and no patron bars; and
WHEREAS, There will be a brick pizza oven and the Applicant will serve full pie pizzas, antipasto, calzones and desserts; and
WHEREAS, The Applicant has agreed that it shall:
WHEREAS, Applicant has agreed that it shall cease serving beer and wine at11:00 P.M. every night and close the premises by 2 A.M. every night. After six months, Applicant may seek CB5's consent to an extension of those hours and Applicant shall only extend the hours as and if CB5 so consents; and
WHEREAS, Applicant and its principal, Frank Ciolli, shall return to CB5 in six (6) months after opening 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 Frank Ciolli 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 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 beer and wine license for Sixth Avenue Grimaldi Inc. for 656 Sixth Avenue 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; 0 opposed; 1 abstaining.