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Public Safety & Quality of Life

700 Eighth Avenue (between 44th and 45th Streets), RP/HH MILFORD PLAZA OWNER, LP D/B/A "MILFORD PLAZA HOTEL", application for a new on-premises liquor license

WHEREAS, RP/HH MILFORD PLAZA OWNER, LP ("Applicant") has notified Community Board Five of its intention to apply for a new liquor license for the rooftop bar located at 700 Eighth Avenue (between 44th and 45th Streets), New York, New York (the "Premises"); and

WHEREAS, The Premises includes approximately 3,100 square feet on the rooftop of useable public space of which 1,400 square feet is enclosed, which includes one patron bar; and

WHEREAS, The Premises will be operated exclusively as a dining room/lounge and private event space, with approximately 6 tables inside and 10 tables outside, 36 seats inside (including 9 bar stools) and 25 seats outside, all outside seats to be in the area marked "South Bar" with none in the area marked "North Bar", which includes lounge seating, serviced by the hotel manager or a third party operator yet to be determined; and

WHEREAS, The total capacity of the Premises is 74; with any higher capacity requiring the filing of Place of Assembly Certificate of Operation with the DOB; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.                  agree to keep the hours of operation for the Premises as follows: (1) the outdoor area marked "North Bar - Swing Space" will be open every day of the week and close no later than midnight and on Sunday through Thursday any light, background music being played will be turned off no later than 11:00 pm; (2) the area marked "South Bar" will have hours of operation every day of the week and will turn off any light, background music being played as well as cease operations no later than midnight each day; and (3) the enclosed area marked as "Interior Bar" will have hours of operation every day of the week and will turn off any light, background music being played as well as cease operations no later than midnight each day.

2.                  not apply for a cabaret license;

3.                  not incorporate a DJ or live music, unless associated with a special catering event, and agree to keep the stereo at ambient volume level only, with volume controls strictly controlled by management;

4.                  consult with a sound engineer to inspect the Premises and make structural and sound system recommendations to ensure that sound does not disturb neighboring residences;

5.                  not hire outside promoters; with private parties deemed included in rooftop use but promoter-driven public events specifically excluded from rooftop use;

6.                  at all times use reasonable efforts 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, and (iii) use reasonable efforts to clear the area outside the Premises of all patrons immediately after closing;

7.                  meet with neighbors and CB5 if requested; and

WHEREAS, No members of the public expressed opposition to the application; 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 80% or more of an interest in the Applicant 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, 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 the application by RP/HH MILFORD PLAZA OWNER, LP for a new liquor license for the rooftop bar located at 700 Eighth Avenue (between 44th and 45th Streets), 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 35 in favor; 0 opposed; 1 abstaining, 1 present not entitled to vote.

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