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State Licenses and Permits
30 West 18 Street (5th/6th) - DBRD LLC, application for an on-premises liquor license (new).
WHEREAS, DBRB, LLC, has notified CB5 of their intent to apply for a Restauranton-premises liquor license for the premises at 30 West 18th Street; and
WHEREAS, This is a new (presently under construction) residential building that was built with the intent to have a restaurant on the ground floor level and the owner of the building has incorporated into the lease (15-year) to DBRB, LLC the following wording:
40. A.Uses: Tenant shall operate its business in the Demised Premises during the Term as a first-class high-end restaurant (no cabaret, adult entertainment or night club use permitted) selling food and alcoholic beverages (to the extent and if permitted by law) and for no other purpose or use whatsoever;and
WHEREAS, There are additional clauses in the lease that prohibit:
- smoke, chemicals, cooking ingredients or by-products emanating from the premises
- "excessive and objectionable" noise complaints from other persons or tenants in the building
- obnoxious odors
- lines of customers or proposed customers to form outside of the premises while awaiting entry
- the use of any sound medium which may be heard outside the premises
- any waste or garbage to be left in front of the building
WHEREAS, The premises are 3700 square feet on the first floor (restaurant, bar, restrooms, kitchen, coat check etc.) and 1000 square feet in the basement (lockers, dishwasher, microwave, freezer, cold box, prep space, etc.), with 35 tables in the restaurant and 17 stools in the bar, and a full kitchen; and
WHEREAS, There is a basement passageway that leads to the basement of 31 West 17th Street (same owner of both buildings) that is not part of the applicant's leased space and is accessible through a door only for emergency exit from the basement(s); and
WHEREAS, The basement walls between these two buildings are solid concrete;
WHEREAS, The owner, Darren Berman, has 13 years experience in the restaurant industry:
- 1995-2002 – Bice Med Grill Trump Tower– (hired staff, developed wine list, worked with management, etc.) Delmonico's – 1998 (helped reopen), Salute on Long Island and NYC (helped reopen), Bice in NJ, 3 other restaurants on Long Island,
- Jan 06 – Present: Consultant on opening restaurants in NY C and surrounding boroughs; and
WHEREAS, Residents came to the Public Safety/Quality of Life Committee Meeting on Monday, July 7, 2008, to voice their opposition to any liquor license on 18th Street (there are presently no liquor licenses on 18th Street between 5th/6th); and
WHEREAS, In order to address and assuage the residents' fears and concerns, the committee requested and was given the following assurances/conditions/stipulations by the owner, which have been incorporated into a signed affidavit to be included in the application to the State Liquor Authority regarding the method of operation – the applicant will:
- Only use the basement for "non-services" – lockers, dishwasher, microwave, freezer, cold box, prep space, etc.
- Close at 1:00 a.m. (kitchen closes at 12 midnight)
- Close French doors at 9:00 p.m. (if in fact French doors are allowed)
- Never have live music and have quiet background music
- Never have lines outside the premises
- Never use promoters
- Never operate a club/lounge on the premises
- Never seek the granting of a cabaret license
- Never sublease
- Never connect the operation with the basement at 31 West 17th Street
- In the event the premises are to be sold, notify the Community Board before finalizing the sale of premises
- Provide in the contract of sale that the purchaser intends to use the premises in substantially the same manner as is now existing (restaurant)
- Have the buyers meet with the PSQL Committee of CB5; upon finalization, such action/application shall be treated as a new entity
- Abide by the decision of CB5's Consents & Variances Committee if a sidewalk café is sought
- Have a special room for garbage (and make sure it's on the street in a timely manner)
- Post special signage alerting patrons of their "Good Neighbor" Policy; and
WHEREAS, This building is located in the Ladies Mile Historic District and the applicant has been advised that any exterior work to be done to the premises must be presented to CB5's Landmarks Committee and approved by the Landmark Preservation Commission; therefore be it
RESOLVED, That Community Board Five disapproves the application for an on-premises liquor license for DBRB, LLC, located at 30 West 18th Street, unless the above and attached affidavit's stipulations/conditions are incorporated into the method of operation of the applicant's State Liquor Authority Application.
The above resolution passed by a vote of 28 in favor; 0 opposed; 1 abstention.