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State Licenses and Permits

February 2017, Public Safety & Quality of Life Committee

485 7 Avenue, 485 Seventh Avenue Associates LLC. Application for a new on-premises liquor license

WHEREAS, Joe Teichman, on behalf of 485 SEVENTH AVENUE ASSOCIATES LLC ("Applicant"), has notified Community Board Five of its intention to file for a new on-premises liquor license for a new on-premises liquor license for a hotel (d/b/a Moxy Times Square) located at 485 7 Avenue, New York, New York; and

WHEREAS, The Premises comprises a lobby lounge and restaurant on the second floor of the building, as well as a rooftop lounge on the top floor of the building; and

WHEREAS, The Premises features a restaurant on the second floor lobby of the building ("the Restaurant") of 3,377 square feet, with one patron bar, 47 restaurant tables, 140 seats, and 14 bar stools, with a maximum legal occupancy of 174; and

WHEREAS, The Premises features a lobby lounge on the second floor ("the Lobby Lounge") of 5,970 square feet, 21 tables, 125 seats, one patron bar, and 22 bar stools, with a maximum legal occupancy of 186; and

WHEREAS, The Premises includes an enclosed rooftop lounge venue on the penthouse floor ("the Rooftop Lounge") of 4,034 interior square feet and 7,022 square feet; and

WHEREAS, The interior space includes one patron bar, seven bar stools, 11 tables, and zero chairs; and

WHEREAS, The exterior space includes two patron bar, 28 bar stools, 54 tables, and zero chairs; and

WHEREAS, The entire Rooftop Lounge has a maximum legal occupancy of 270; and

WHEREAS, The Premises shall be operated by the Tao Group, LLC, a well-known operator; and

WHEREAS, Applicant has agreed that Applicant shall:

1. Operate no part of the Premises as a nightclub at any time;
2. Operate the Restaurant exclusively for table service only except for limited private events, with closing hours of no later than 2am Mondays through Sundays;
3. Operate the Lobby Lounge exclusively as a lounge, with closing hours of no later than 4am Mondays through Sundays;
4. Operate the rooftop as a lounge with closing hours of 4am Monday through Sunday, but with the exterior portion of the space to be fully enclosed with soundproof rooftop canopy UNTIL 4am Monday through Sunday, with the exception being the East wing of the exterior rooftop, which may be exposed until 2am on Thursday through Saturday only, and the West wing of the exterior rooftop, which may be exposed until 12am Thursday through Saturday only, after which the Patio will be closed to all patrons and staff. If any portion of the rooftop is exposed Sunday through Wednesday, it must be closed by 12am.
5. Operate the exterior portion of the Rooftop space without any DJ use;
6. Close any doors and windows opening onto Rooftop promptly as per the hours discussed above;
7. Host limited private parties in any of the spaces of the Hotel, with closing hours adhering to the provisions above;
8. Retain a qualified sound designer to survey the Premises and surrounding buildings to recommend the installation of a sound and speaker system as well as any soundproofing for the Second Floor Restaurant and Rooftop spaces and to operate the sound system in compliance with the recommendations of the sound designer; provide the sound designer's report to CB5; install an electronic limiter that will prevent outdoor speakers from being operated at above-recommended levels; and allow access to this limiter only to management and never to staff or outside DJs and all speakers on the Rooftop shall be directed towards the building and mounted low;
9. Abide by the all of the soundproofing mechanisms and solutions provided for in the application submitted to CB5, as well as any other such stipulations promised within the application but not covered herein;
10. Adhere to industry Best Practices in retaining an adequate number of qualified security personnel at all times, bearing in mind that certain times of day, days of the week, and special events will require increased security;
11. Not acquire nor ever apply for a cabaret license at any time;
12. Not apply for a sidewalk café without first coming before CB5 for approval;
13. Not use outside Promoters for any events public or private;
14. Not use a velvet-rope admission policy;
15. Discourage Patrons from loitering outside the Premises at any time and discourage vehicular traffic in front of the Premises at all times by prohibiting taxis, black cars, and other cars from standing longer than necessary;
16. Arrange for private garbage pick-up and store garbage in a manner so as not to cause a disturbance or annoyance to neighbors;
17. Comply with and adhere to the plans for the operation of the business, as set forth herein; and
18. Meet with neighbors and CB5 on a regular basis if requested and also provide a 24-hour hotline to Matt Strauss, 917-697-1165, representing the Applicant, to immediately address any complaints from the community; and

WHEREAS, Should Applicant or its parent entity ever contemplate a transfer of its interest in the hotel ownership or management ("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 Joe Teichman ever contemplate a transfer of his interest in 485 SEVENTH AVENUE ASSOCIATES LLC 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, Members of the public appeared and commented regarding this application and the comments and concerns of the community were taken into consideration in negotiating these conditions and stipulations; and

WHEREAS, these agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license alteration 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 485 SEVENTH AVENUE ASSOCIATES LLC for a new on-premises liquor license for a new on-premises liquor license for a hotel (d/b/a Moxy Times Square) located at 485 7 Avenue, New York, New York; and, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.