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Consents & Variances
39 East 19th Street, Copel 2007, Inc. d/b/a Bocca, application for an unenclosed sidewalk cafe with 6 tables and 13 seats.
WHEREAS, At the April 2009 meeting of the Consents and Variances committee of Community Board Five, the applicant requested consideration of an application for an unenclosed sidewalk café with 6 tables and 13 seats; and
WHEREAS, It was determined that the allowable sidewalk space would not accommodate 6 tables and 13seats and such a number of tables and seats would block a necessary egress from the premises; and
WHEREAS, The applicant agreed in writing to not pursue its application with the Department of Consumer Affairs for an unenclosed sidewalk café and agreed to work with the Consents and Variances committee to develop an acceptable plan; and
WHEREAS, The applicant developed a revised plan for 4 tables and 8 chairs and was put on the agenda for review at the April 2009 meeting of Consents and Variances; and
WHEREAS, Prior to the April 2009 Consents and Variances meeting, members of the Committee went to inspect the premises and on at least two occasions saw the not yet approved sidewalk café set up at the premises and, on one of those occasions, three members of the Committee were seated and served alcohol at the illegal sidewalk café, in violation of applicant’s liquor license; and
WHEREAS, When later questioned about the aforementioned violations, the management at the premises denied them and later, after a representative of the applicant was confronted with testimony of the three committee members and photographic evidence of the violations, the representative stated that management had lied to the Committee so that the applicant “would not get in trouble”; and
WHEREAS, Community Board Five does not condone the illegal operation of sidewalk cafes, and does not condone the illegal service of alcohol on sidewalk cafes without a license, and does not condone being lied to; therefore be it,
RESOLVED, That Community Board Five recommends denial of the application for a revocable consent for a sidewalk café located at 39 East 19th Street and it is further
RESOLVED, That Community Board Five proscribes consideration of any application for a revocable consent for a sidewalk café at 39 East 19th Street for the remainder of 2009.
The above resolution passed by a vote of 32 in favor; 1 opposed; 1 abstaining.