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Public Safety & Quality of Life

127-129 West 28 Street, Faus International, Inc. D/B/A Mykonos Blue and The Hayden Rooftop, application for a new on-premises liquor license

WHEREAS, Ioannis Chatiris, on behalf of FAUS INTERNATIONAL, INC. ("Applicant"), has notified Community Board Five of its intention to file for a new on-premises liquor license for the restaurant and rooftop bar to be located within the Hotel Hayden at 127-129 West 28 Street, New York, New York; and

WHEREAS, The Premises is located on 28th Street between Sixth and Seventh Avenues; and

WHEREAS, The Premises comprises a ground floor/lobby restaurant called Mykonos Blue (the "Lobby Restaurant") and a rooftop lounge called the Hayden Rooftop (the "Rooftop"); and

WHEREAS, The Lobby Restaurant comprises 1,500 square feet with a total capacity of 80, including 15 patron bar seats, one service bar, 13 tables, 56 chairs and 8 seats at the counter; and

WHEREAS, The Rooftop comprises 1,200 square feet with a total capacity of 74, including one patron bar, 25 tables, 2 chairs and 6 bar stools; and

WHEREAS, Applicant has agreed that Applicant shall:

  1. Operate the Lobby Restaurant exclusively for table service only except for limited private events, with closing hours of no later than 1am daily;
  2. Operate the Rooftop as a lounge with opening hours of no earlier than 4pm daily, and no later than 11pm Sunday through Thursday and no later than 12am Friday and Saturday, after which the Rooftop will be closed to all patrons and staff;
  3. Operate no part of the Premises as a nightclub at any time;
  4. Fully enclose the roof of the Rooftop at all times with material sufficient to provide for adequate soundproofing;
  5. Close any doors and windows opening onto Rooftop promptly at no later than midnight Sunday through Thursday and no later than 1am Friday and Saturday;
  6. Not allow smoking on the Rooftop at any time;
  7. Direct smokers in front of the Premises away from neighboring residential apartment buildings;
  8. Allow only background-level music in the Lobby Restaurant and Rooftop spaces during operating hours and never when the spaces are closed to patrons;
  9. Not incorporate a DJ or live music in any part of the Premises, except for limited private events in the Lobby Restaurant, and never in the Rooftop space at any time;
  10. 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 Rooftop (and, if requested by CB5, the Lobby Restaurant) and to operate the sound system in compliance with the recommendations of the sound designer; provide the full 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;
  11. Not install any subwoofers in any portion of the Premises;
  12. Prohibit dancing at the Premises at all times, except for the Lobby Restaurant in connection with private events;
  13. 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;
  14. Not acquire nor ever apply for a cabaret license without first coming before CB5 for approval;
  15. Not apply for a sidewalk café without first coming before CB5 for approval;
  16. Not use outside Promoters for any events public or private;
  17. Not use a velvet-rope admission policy;
  18. 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;
  19. Arrange for private garbage pick-up and store garbage in a manner so as not to cause a disturbance or annoyance to neighbors;
  20. Comply with and adhere to the plans for the operation of the business, as set forth herein; and
  21. Meet with neighbors and CB5 on a regular basis if requested and also provide a 24-hour hotline to 917-250-4613, representing the Applicant, to immediately address any complaints from the community; and

WHEREAS, Should FAUS INTERNATIONAL, INC. ever contemplate a transfer of its interest in the Lobby Restaurant or Rooftop 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), such transferring party shall notify CB5 of such intent and shall require any potential transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Ioannis Chatiris ever contemplate a transfer of his interest in FAUS INTERNATIONAL, INC. 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 FAUS INTERNATIONAL, INC. for a new on-premises liquor license for the restaurant and rooftop bar to be located within the Hotel Hayden at 127-129 West 28 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.

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