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Public Safety & Quality of Life

63 West 38th Street, RSVP 38th Street Venture LP d/b/a The Refinery Hotel, application for alteration to an existing on-premises liquor license.

WHEREAS, RSVP 38TH STREET VENTURE LP ("Applicant") has notified Community Board Five of its intention to alter the method of operation for its existing hotel liquor license for the rooftop bar and lounge located at 63 West 38th Street, New York, New York (the "Premises"); and

WHEREAS, The Premises is located mid-block on 38th Street between Fifth and Sixth Avenues; and

WHEREAS, The Premises has been in operation since approximately 2012 in accordance with conditions and stipulations set forth in an existing affidavit attached hereto; and

WHEREAS, As stipulated in the existing affidavit, the unenclosed portion of the rooftop bar/restaurant currently closes no later than 11 P.M., Sunday through Thursday nights and Midnight, Friday and Saturday nights; and

WHEREAS, The interior portion of the Premises and the area enclosed by the retractable glass roof remain open until 4AM; and

WHEREAS, The Applicant has now requested to extend the closing time of the unenclosed portion of the rooftop by two hours, to wit, 1 AM Sunday through Thursday nights and 2AM Friday and Saturday nights; and

WHEREAS, The Premises is in close proximity to several residential buildings, in particular The Atlas, which is directly across the street; and

WHEREAS, Numerous residents of The Atlas attended the PSQL Committee meeting and testified to the existing noise problem from the Premises even with the hours as stipulated; and

WHEREAS, Management of The Atlas provided letters from at least 21 separate residents (attached) expressing concern about the existing noise and disturbance from the Premises and expressing strong opposition to any increase in hours; and

WHEREAS, Although the Applicant agreed to remove the existing speakers from the unenclosed area (which are in violation of the existing stipulations) and agreed to reduce their request from a 2-hour extension to only a 1-hour extension, given the level of noise and disturbance already caused by the Premises, the residents remained in opposition to any change; and

WHEREAS, The Premises includes interior space and space covered by a retractable glass roof, which spaces do operate until 4AM, so refusing to extend the hours of the unenclosed portion is not a significant hardship to the Applicant compared to the increased disturbance that would be caused to the neighboring residents; therefore be it

RESOLVED, Community Board Five recommends denial of the application by RSVP 38TH STREET VENTURE LP to alter the method of operation for its existing hotel liquor license for the rooftop bar and lounge located at 63 West 38th Street, New York, New York.

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