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Public Safety & Quality of Life

100 Central Park South @ 6th Ave., Whiskey Park - application for an alteration to an on-premises liquor license for an outdoor cafe

WHEREAS, SRG Restaurant Group LLC d/b/a "Whiskey Park" ("Applicant") has notified Community Board Five of its intention to alter its existing on premises liquor license for an outdoor, sidewalk café, located at 100 Central Park South, New York, New York (the "Premises"); and

WHEREAS, The existing Premises consists of approximately 2,100 square feet on the ground floor; and

WHEREAS, The Premises is operated exclusively as a bar, with a total capacity indoors of approximately 24 tables, 13 seats, and 40 bar stools, and outdoor capacity of 5 tables, 20 seats, and no bar stools; and

WHEREAS, The total capacity of the Premises is 120 persons; and

WHEREAS, The Premises includes 1 patron bar; and

WHEREAS, The creation of the sidewalk café was approved by CB5 in May, 2011; and

WHEREAS, Applicant has agreed to:

a.                   Operate the sidewalk café, 5 tables 20 seats, from 4pm - 10pm Sunday to Wednesday and 4pm to 11pm Thursday, Friday and Saturday.

b.                  Have a manager on duty at all times. Phone contact number (212) 307-9222 available to residents.

c.                   Have Security monitor the sidewalk at all times.

d.                  Food service available during hours of operation.

e.                   Monitor smokers and encourage them to use the area near the curb on 6th Avenue.

f.                   at all times use best 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; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing;

g.                  not utilize an exterior "velvet rope" door policy. 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;

h.                  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; 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 Scott Gerber ever contemplate a transfer of his interest in Applicant so that Gerber 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 the application by SRG Restaurant Group LLC d/b/a "Whiskey Park to alter its existing on premises liquor license for an outdoor, sidewalk café, located at 100 Central Park South, 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 23 in favor; 10 opposed; 1 abstaining.

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