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Public Safety & Quality of Life

130-132 West 47th Street (b/t 6th and 7th Avenues), Logan's Sanctuary LLC d/b/a "Logan's Sanctuary" at the Portland Square Hotel, application for alteration to Hotel Liquor License.

WHEREAS, Logan's Sanctuary LLC ("Applicant"), has notified Community Board Five of its intention to alter its existing hotel liquor license at The Portland Square Hotel at 130-132 West 47th Street, New York, New York (the "Premises"); and

WHEREAS, The proposed alteration consists of the addition of additional bars in the lobby and the conversion of the rooftop to a bar/lounge area; and

WHEREAS, The Premises consists of approximately 60,000 square feet over 9 floors of usable public space, of which 2000 square foot will be used for public use in the lobby and 1,300 square feet will be for patron use as a seasonal outdoor roof top space; and

WHEREAS, The total capacity of the Premises is approximately 595 people, with a capacity of 165 people in the dining room, lobby and rooftop areas; and

WHEREAS, The Premises includes 3 patron bars; and

WHEREAS, has agreed to:

1.                  keep the establishment exclusively as a restaurant and lounge at all times, with hours of operation from 8am to 4am in all indoor areas, and hours of operation not to exceed 10am to 10pm Sunday through Wednesday, and 10am to 11pm Thursday, Friday, and Saturday on the rooftop;

2.                  not apply for a cabaret license or a sidewalk cafe;

3.                  not hire outside promoters;

4.                  not incorporate a DJ or live music, and agree to always keep the outdoor music at an ambient level as is conducive to an eating establishment only;

5.                  agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

6.                  apply for an amended Certificate of Occupancy or a Letter of No Objection for the contemplated use of the property with the occupancy levels stated in this affidavit;

7.                  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;

8.                  not utilize an exterior "velvet rope" door policy nor allow external queuing for entrance except where needed for monitoring age verification; and

9.                  meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner during all hours of operation 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 Hank Fried 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 renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; and

WHEREAS, Although the alteration application would be otherwise approvable, the Premises is directly adjacent to the Church of Saint Mary the Virgin (the "Church"), located at 134-144 West 47th Street; and

WHEREAS, The Church made a compelling argument that a liquor license at the Premises is not permitted under the Alcoholic Beverage Control Law since the Premises is located within 200 feet of the Church; and

WHEREAS, The Church argues that the original issuance of a liquor license for the Premises by the State Liquor Authority in violation of the 200 foot rule was an error; and

WHEREAS, The Church has submitted a compelling memorandum asserting its position, which memorandum is attached hereto; and

WHEREAS, It is beyond the authority of CB5 to rule on the law but we request that the State Liquor Authority review the facts and law to determine whether, in fact, the 200 foot rule applies in this situation; therefore be it

RESOLVED, That Community Board Five requests that theState Liquor Authority review this case to determine whether the 200 foot rule precludes a liquor license at the Premises; and be it further

RESOLVED, That, should the 200 foot rule not apply to preclude a license at the Premises, Community Board Five recommends denial of the application by Logan's Sanctuary LLC to alter its existing hotel liquor license at The Portland Square Hotel at 130-132 West 47th Street, 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 24 in favor; 9 opposed; 1 abstaining.

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