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Public Safety & Quality of Life

66 Madison Avenue, Palette - application for a new liquor license

WHEREAS, Double Dime Seven LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new on premises liquor license for a new restaurant to be named "Palatte" located at 66 Madison Avenue, New York City (the "Premises"); and

WHEREAS, The Premises consists of 1800 square feet of space on the ground floor; and

WHEREAS, The Premises will be operated exclusively as a restaurant with a bar, with a total of 20 tables and 57 seats (including banquette seating) and 10 bar stools; and

WHEREAS, Estimated patron usage is approximately 67 with an estimated total capacity of 74, including kitchen personnel and staff; and

WHEREAS, The Premises will include 1bar providing service for the entire restaurant; and

WHEREAS, Applicant has met with residents of the residential co-op in which the Premises is contained and the residents have expressed support for the Applicant provided that Applicant agree to the conditions and stipulations set forth herein; and

WHEREAS, Applicant has agreed to:

a.       operate the Premises as a restaurant with seated bar and dining service only. Private parties shall be deemed included in restaurant use but promoter-driven events are specifically excluded from restaurant use;

b.       monitor the use of the sidewalk space utilized by smokers during hours of operation and to discourage customers from loitering outside the Premises at any time;

c.       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.       prohibit dancing at the Premises at all times;

e.       cause a disturbance or annoyance to its neighbors;

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

g.       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 if requested by the board of 66 Madison Avenue; 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 Steven Putzeys 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 new on premises liquor license for a new restaurant to be named "Palatte" located at 66 Madison Avenue, New York City 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.

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