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Public Safety & Quality of Life

420 Park Avenue South, One 29 Park – application for an on-premises liquor license

WHEREAS, The applicant, ONE 29 PARK LLC, has notified Community Board Five of its intent to apply for a new liquor license for a new restaurant (the "Restaurant") on the ground floor of the Gansevoort Park Hotel located at 420 Park Ave South (presently under construction – anticipated completion date of January 2010); and

WHEREAS, Applicant is comprised of 2 members, TA RESTAURANT LLC, which owns the Restaurant and ONE 29 MANAGEMENT LLC, which will operate the Restaurant; and

WHEREAS, The Restaurant shall have a total floor area of 4,840 square feet of interior space with a bar area, a dining room and a lounge/library, and an unenclosed rear yard of 753 square feet; and

WHEREAS, There shall be 2 full bars and 1 service bar; 95 tables, 227 chairs (including banquette seating) and 22 bar stools inside; 25 tables and 50 chairs in rear yard; and

WHEREAS, Estimated patron usage is approximately 101 in the bar and lounge/library, 148 in the dining room, and 50 on the unenclosed rear yard, with an estimated total capacity of 335, including kitchen personnel and staff; and

WHEREAS, The Park Avenue South façade of the Restaurant has an opening with folding glass windows 16 feet wide and 9 feet, 6 inches high (the "Glass Wall"); and

WHEREAS, The sound system at the premises shall conform to the specifications recommended in the attached sound engineer's report, which directs sound inward to maximize containment of all amplified sound within the interior of the space, is computer controlled by management with pre-set maximum volume, and with no amplified sound played in the rear yard; and

WHEREAS, At its option, have a live DJ playing music in the interior spaces, but shall have no live music or dancing at the Premises; and

WHEREAS, The Glass Wall shall be open (i) no later than 12:00 midnight Sunday – Thursday, and 1:00 a.m. Friday and Saturday and (ii) only when the area adjacent to the Glass Wall is being used for seated table service; and

WHEREAS, Applicant shall prevent the open Glass Wall from being used for ingress or egress to the Restaurant and at any time when the Glass Wall is open, and shall maintain a solid physical barrier with a height no less than table height and a length no less than the width of the opening; and

WHEREAS, Applicant shall discourage patrons from congregating in front of the premises and encourage that they leave the premises in a respectful manner; and

WHEREAS, Applicant shall discourage the parking of idling cabs, limousines and other vehicles on the street in front of the Premises and arrange for valet service and off-site waiting areas for town cars to prevent street congestion by vehicles; and

WHEREAS, Applicant shall monitor the interior and exterior of the premises and maintain a senior floor manager at all times when the Restaurant is in operation, plus, from 8:00 pm through 4:00 am Thursday – Saturday, provide a dedicated host and no less than 1 security guard (or more as reasonably determined by Applicant); and

WHEREAS, The applicant offered to met with neighbors and CB5 on a regular basis if requested and also offered to provide a 24-hour hotline to a live manager or security director to immediately address any complaints from the community; and

WHEREAS, The applicant shall be responsible for any use of "promoters" and will not retain any promoter to "host" a public event that would be perceived as the promoter's event.  At any time that an event or party is hosted or marketed (in whole or in part) by a third party: (i) at all times the applicant shall remain responsible for and in control of the venue and its patrons and (ii) except for New Years Eve and Halloween, all material positions of operation shall be the employees of the Restaurant at all times; and

WHEREAS, Although there was concern and objection voiced by the public regarding the operation of the rear yard, in response, the applicant agreed (i) to restrict use of the rear yard to table service dining only, with the area closed no later than 11:30 PM every day (ii) to install sound dampening greenery around the space and (iii) to maintain open communication with the residents in the vicinity of the rear yard and to communicate with both a CB5 liaison and a community liaison, as necessary, to immediately address any quality of life issues caused by applicant's operation of the rear yard space.  Applicant also agreed to return to the Public Safety/Quality of Life Committee six (6) months after opening of the rear yard space to evaluate the success of the restrictions established to minimize disturbance of the residents in the vicinity of the rear yard; and

WHEREAS, Should Applicant or TA RESTAURANT LLC, or ONE 29 MANAGEMENT LLC ever contemplate a transfer of its interest in the Restaurant 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 Michael Achenbaum and/or William Achenbaum ever contemplate a transfer of their interest in TA RESTAURANT LLC so that they do not have a controlling management interest in the owner of the Restaurant ("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 of such intent and any potential transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Jonathan Segal ever contemplate a transfer of his interest in ONE 29 MANAGEMENT LLC so that he does not have a controlling management interest in the operator of the Restaurant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), he shall notify CB5 of such intent and shall require any potential transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, The applicant has agreed to adhere to all of the above in the form of the attached affidavits by TA RESTAURANT LLC and ONE 29 MANAGEMENT LLC, and to incorporate these conditions into the liquor license application method of operation and will submit to CB5, a copy of the final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends denial of the restaurant liquor license at 420 PARK AVE SOUTH (28TH/29TH Streets) for ONE 29 PARK LLC unless the above and attached conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1abstaining; 1 present not entitled to vote.

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