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State Licenses and Permits

200 Fifth Ave, Eataly NY LLC (Eataly) - application for a new Rooftop on-premises liquor license

WHEREAS, EATALY NYC LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new on premises liquor license for a new rooftop restaurant located at 200 Fifth Avenue (the "Premises"); and

WHEREAS, the Applicant has previously applied for a separate on-premises liquor license for other space located on the ground floor of 200 Fifth Avenue, which was approved by Community Board Five without comment and is not the subject of this resolution; and

WHEREAS, the Premises consists of 5,785 square feet of space on the rooftop, with an occupancy of 212 persons, with 166 seats, and 12 bar stools; and

WHEREAS, Applicant is aware that this location falls within the Ladies Mile Historic District and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; and

WHEREAS, the Premises complies with the Rooftop/Rear Yard Guidelines established by CB5; and

WHEREAS, the Applicant has agreed that it shall:

  1. construct the Premises generally in accordance with the plans annexed hereto (CB5 acknowledges that these plans are preliminary but approves the general concept and specifications). Applicant shall provide final plans and specifications to CB5, which plans and specifications shall include a glass wall along the perimeter of a portion of the space for safety and sound blockage;


  1. operate seasonally;


  1. have background music only, and in no event shall a DJ, live music or dancing ever be permitted at the Premises;


  1. not permit smoking in the Premises;


  1. meet with neighbors and CB5 on a regular basis if requested to immediately address any complaints from the community; and


WHEREAS, Applicant has agreed that the hours of operation of the Premises shall be no later than 12:00 midnight Sunday through Thursday and 1:00 AM Friday and Saturday; and

WHEREAS, Applicant has engaged a sound engineer and delivered a very comprehensive report concluding that the proposed operation should not produce sound that would negatively affect the surrounding neighbors; and

WHEREAS, should Applicant ever contemplate a transfer of its interest in the operation at the Premises (“transfer” being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, these agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, that Community Board Five recommends approval of a new on premises liquor license to EATALY NYC LLC for a new on premises liquor license for a rooftop restaurant located at 200 Fifth Avenue.

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