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Public Safety & Quality of Life

30 East 30th Street, a/k/a 29 East 29th Street, (between Madison Avenue and Park Avenue South) New York, NY, 29TH STREET HOTEL ACQUISITION LLC D/B/A "HOTEL LOLA", APPLICATION FOR A TRANSFER OF AN ON-PREMISES HOTEL LIQUOR LICENSE

WHEREAS, Scott Root on behalf of 29TH STREET HOTEL ACQUISITION LLC ("Applicant") has notified Community Board Five of its intention to apply for a transfer of an existing on-premises hotel liquor license for the hotel currently known as the "Hotel Lola" located at 30 East 30th Street, a/k/a 29 East 29th Street (between Madison Avenue and Park Avenue South), New York, New York (the "Premises"); and

WHEREAS, The Premises includes approximately 3,000 square feet of useable public space in the hotel lobby, which includes one patron bar; and

WHEREAS, The Premises will be operated as a hotel for its guests as well as the public, with a total of approximately 60 seats and 9 bar stools in the lobby area, serviced by the hotel; and

WHEREAS, The total capacity of the hotel lobby is approximately 100; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.                  restrict any use of the adjacent vacant space, formerly known as "Danceteria", to private event use only, not to be open to the general public, until such time as an alteration application is filed for that space;

2.                  agree to come back before Community Board Five for an alteration to their existing liquor license should 29th Street Hotel Acquisition LLC intend to make any alterations in the currently vacant space;

3.                  not apply for a cabaret license at any time;

4.                  not apply for a sidewalk café without first coming before CB5 for approval;

5.                  not incorporate a DJ or live music in the lobby, and agree to keep the stereo at ambient volume level only, with volume controls strictly controlled by management;

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

7.                  maintain adequate security at the Premises when capacity exceeds 75 patrons, 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, on both the 29th Street and 30th Street exits; and (iii) discourage patrons from congregating outside the Premises;

8.                  use best efforts to maintain cleanliness of sidewalk in front of Premises;

9.                  discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

10.              meet with neighbors and CB5 if requested; 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

WHEREAS, Should Scott Root 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

WHEREAS, Numerous members of the public appeared to comment on this application, mostly to express concern about the future of the Danceteria space; 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, Community Board Five recommends denial of the application by 29TH STREET HOTEL ACQUISITION LLC for a transfer of an existing on-premises hotel liquor license for the hotel currently known as the "Hotel Lola" located at 30 East 30th Street, a/k/a 29 East 29th Street (between Madison Avenue and Park Avenue 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 32 in favor; 0 opposed; 1 abstaining.

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