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State Licenses and Permits

January 2017, Public Safety & Quality of Life Committee

151 West 26th Street (between 6th and 7th Avenues), New York, New York, Our/New York Vodka LLC, Application for a new on-premises (tavern) liquor license

WHEREAS, ADAM SIPOS, on behalf of OUR/NEW YORK VODKA LLC ("Applicant"), has notified Community Board Five of its intention to file for a new on-premises (tavern) license for the Tasting Room/Bar/Café (the "Café") which expects to open at 151 West 26th Street (between Sixth and Seventh Avenues), New York, NY 10001; and

WHEREAS, Although CB5 has specific concerns with the operation at this location, particularly the density, saturation and operating methods of other retail liquor establishments on the block, because the Applicant agreed to reasonable operating hours and low patron occupancy, we find that the incremental impact on the block from this new license is acceptable; and

WHEREAS, The Premises will operate a Tasting Room/Bar/Café ("Café") to be approximately 1,008 square feet exclusively at the front portion of the ground floor of a distillery which includes approximately 3,000 square feet; and

WHEREAS, The Premises will operate primarily as a distillery, with the Café only as a statutory privilege, and that a cessation of distillery operations will trigger the immediate and permanent closing of the Café; and

WHEREAS, Applicant will conduct public and private tours of the distillery; and

WHEREAS, Applicant's parent company operates similar "Our/CITY" distillery / tasting rooms in five cities worldwide, including two in the United States (Detroit and Los Angeles) and several others in development; and

WHEREAS, Food preparation at the Premises will consist of storage and reheating of pre-prepared foods, minimizing the impact of food preparation; and

WHEREAS, The distillery has already been fully approved for a Distilled Spirits Plant Registration and federal Basic Permit by the federal Alcohol and Tobacco Tax and Trade Bureau and applications for A-1 Distillery and Farm Distillery licenses are concurrently pending before the New York State Liquor Authority with the subject On-Premises Liquor license application; and

WHEREAS, The Café will consist of seating for thirty-one (31) patrons comprised of four (4) tables each with two (2) chairs, and a total of twenty-three (23) bar stools with ten (10) stools adjoining the bar, seven (7) against the wall of the Café that is opposite the bar and six (6) adjoining the front windows of the Café; and

WHEREAS, The Café will also have two (2) sofas approximately eight- (8-) feet long; and

WHEREAS, The Café will have one (1) patron bar; and

WHEREAS, The Cafe will have a total capacity of not more than 41 patrons; and

WHEREAS, Applicant has agreed that Applicant shall:

1. Operate the Café with regular hours of operation daily from 12:00 PM to no later than 12:00AM; and
2. Be permitted to host Special Events ("Events") ending no later than 1:00 AM, with a maximum of 72 Events per rolling 365-day period and a maximum of 10 Events per rolling 30-day period; and
3. Provide written notice to CB5 a minimum of seven (7) days prior to hosting an Event; and
4. Sell each alcoholic beverage in exchange for a pre-established retail price "a la carte", except during Events; and
5. Keep all outside doors and windows closed (windows shall be of a type that cannot be opened); and
6. Utilize entryway structure as installed by Premises' previous tenant; and
7. Limit retail alcohol consumption to Café only; at no time shall consumption be permitted in any other area including the distillery (other than authorized tastings), basement, or any other area of the premises; and
8. Limit capacity of the Premises to 41 patrons; and
9. Not incorporate live music, a DJ, standalone speakers, nor any other freestanding amplified sound, and agree to maintain the in-house (installed) sound at ambient / background volume only, with volume controls strictly controlled by management; and
10. Not utilize the sidewalk outside the Premises for any purpose at any time, including queuing; and
11. Not hire/retain/employ a third-party caterer for the premise, except for the provision of food only; and
12. Prohibit dancing at the Premises at all times; and
13. Not apply for a cabaret license at any time; and
14.  Not apply for a sidewalk café permit; and
15. Not operate the Premises as a nightclub; and
16. Not hire outside promoters for daily operations nor private Events; and
17. Not operate or install more than two (2) televisions or video displays at any time; and
18. Ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner, discourage patrons from loitering outside the Premises, and use best efforts to keep the area outside the Premises clear at all times; and
19. Discourage the parking of idling cabs, limousines and other vehicles on the street in front of the street entrance of the Premises; and
20. Use best efforts to maintain cleanliness of sidewalk in front of Premises; and
21. Meet with neighbors and CB5 on a regular basis if requested and also provide a 24-hour hotline to Thoalfi Abbas, Project Leader of Technical Operations, (phone 917-680-6187), representing the Operator, to immediately address any complaints from the community; and
22. Strictly comply with and adhere to the plans for the operation of the business, as set forth herein.

WHEREAS, Should Applicant or its parent entity 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, 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 OUR/NEW YORK VODKA LLC for a new on-premises (tavern) license for the Tasting Room/Bar/Café at 151 West 26th Street (between Sixth and Seventh Avenues), New York, NY 10001 unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.