127 East 23rd Street (East 23rd/Lexington)(formerly “Gramercy Theater”) – d/b/a “Live Nation” – Delesener/Slater Enterprises, Ltd – on-premises liquor license
127 East 23rd Street (East 23rd/Lexington)(formerly "Gramercy Theater") – d/b/a "Live Nation" – Delesener/Slater Enterprises, Ltd – on-premises liquor licenseWHEREAS, Delsener/Slater Enterprises, Ltd., d/b/a "Live Nation" has notified Community Board Five of its intent to apply for an on-premises liquor license for the premises located at 127 East 23rd Street (previously a movie and Off-Broadway theater – "Gramercy Theater"); and
WHEREAS, The applicant, Ron Delsener, is noted as one of the most professional music operators in the United States, producing shows in parks and in New York's Radio City, Madison Square Garden, Beekman Theatre, Roseland, and most importantly "Irving Plaza," which is located in CB 5 and has been operating under Delsener Enterprises for over 10 years; and
WHEREAS, This operation will be a live music venue from 8:00pm to 1:00am in a substantially commercial area, similar to but smaller than Irving Plaza, with a capacity of 700 seats, geared toward developing artists; and
WHEREAS, Assurances were given to CB 5 regarding certain concerns and Delsener/Slater Enterprises, Ltd., has signed an affidavit regarding the following where the applicant will:
not operate a club or lounge on these premises;
provide for the cleanup of any litter on the street or sidewalk within 50 feet from either side of the doors of the premises arising as a result of this operation;
provide the telephone number of the manager/owner who will be on premises in case of emergency;
in the event the premises are to be sold, notify the Community Board before finalizing the sale of the premises;
the contract of sale will provide that the purchaser intends to use the premises in substantially the same manner as is now existing (music venue);
the buyers will meet with the Public Safety/Quality of Life Committee of Community Board Five upon finalization, such action/application shall be treated as a new entity;
Crowd and Noise Control: sound will not exceed permissible levels and applicant will add sound proofing measures. Security personnel will discourage patrons from congregating outside and ensure that they leave premises in a respectful manner;
make sure buses and/or trucks will unload further up on 23rd Street (commercial area) and will not remain parked (only for drop off);
Use of Promoters: applicant will be sole promoter of the premises;
inform CB5 of any and all corporate changes; and
WHEREAS, Delsener/Slater Enterprises has had a traffic study done regarding proximity to subways, buses, etc., which shows the high degree of mass transit and parking availability related to the premises; and
WHEREAS, Concern regarding the proximity to the School of Visual Arts dormitory and nearby Baruch College was discussed, however, the applicant offered to reach out and work with the colleges and police regarding ID checks, etc., and has, in fact, already met with the NYPD; and
WHEREAS, Community Board Five has had no complaints regarding this operator at the Irving Plaza location and has, in fact, received positive feedback from the precinct; and
WHEREAS, Due to Delsener/Slater Enterprises' experience, background, reputation, and commitment to working with the community and colleges in the immediate area; therefore be it
RESOLVED, That Community Board Five recommends approval of the on-premises liquor license for Delsener/Slater Enterprises, Ltd. d/b/a "Live Nation," located at 127 East 23rd Street, with the understanding that the above stipulations will be incorporated into the method of operation of the New York State Liquor Authority Application.
The above resolution passed by a vote of 31 in favor, 1 opposed, 1 abstention, and 1 present not entitled to vote.