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Public Safety & Quality of Life

39 W 55TH STREET (5TH/6TH) – The Shoreham LLC d/b/a The Shoreham Hotel, OP Liquor License Alteration (Sidewalk Café)

WHEREAS, The applicant, The Shoreham LLC, d/b/a "The Shoreham Hotel" has notified Community Board Five (CB5) of its intent to apply to the NY State Liquor Authority for an alteration to their on-premises liquor license (sidewalk café), for the premises located at 39 West 55th Street, NYC; and

WHEREAS, In October 2008 the applicant met with CB5's Consents & Variances Committee with an application for a sidewalk café containing 5 tables and 10 seats. The width of that proposed sidewalk café left only 7'5" of space for pedestrians, which is less than the minimum code required space of 8'5" for pedestrian passage and CB5 recommended denial of the application because "due to pedestrian congestion this location should keep a pedestrian clear pathway larger than 8 feet;" and

WHEREAS, The applicant revised the café's plans to contain 4 tables and 8 seats and was approved by DCA for a "small" sidewalk café measuring 4'6," leaving a passageway of 8'5" (DCA's minimum requirement); and

WHEREAS, The applicant has agreed to close the sidewalk café no later than midnight every night; and

WHEREAS, The applicant has agreed to provide hotel security to ensure that the service of alcohol at the sidewalk café does not further impede the already overwhelmingly congested sidewalk at the premises; and

WHEREAS, Even though CB5 has recommended disapproval of a sidewalk café at the premises, DCA has nonetheless approved a café containing 4 tables and 8 seats, thereby permitting the sidewalk café to exist whether or not alcohol is being served therein; therefore be it

RESOLVED, That Community Board Five recommends approval of an alteration to the on-premises liquor license (sidewalk café), for the premises located at 39 West 55th Street, NYC for The Shoreham LLC.

The above resolution passed by a vote of 27 in favor; 8 opposed; 1 abstaining.

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