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Public Safety & Quality of Life

260 Park Avenue South, 260 Com 4 LLC - application for a new on-premises liquor license

WHEREAS, 260 COM 4 LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new on premises liquor license for new space to be leased to Applicant on the ground floor and basement of 260 Park Avenue South, New York, New York, (the "Premises"); and

WHEREAS, The Premises is located in a new twelve story condominium containing 108 residential units; and

WHEREAS, The Premises consists of approximately 6,000 square feet in the ground floor and basement of the newly constructed Premises, which space has a legal occupancy of 233 persons; and

WHEREAS, No liquor license currently exists at the Premises and the proposed use of the Premises is as a new restaurant/bar/lounge; and

WHEREAS, The proposed hours of operation of the Premises are 5:00 PM to 1:00 AM Sunday through Wednesday and 5:00 PM to 4:00 AM Thursday through Saturday; and

WHEREAS, There is some overlap in the principals of Applicant and 260 Park Avenue South LLC, the owner of the Premises; and

WHEREAS, Although the Applicant has hired a well-qualified and experienced consultant on an at-will basis, the principals of Applicant have no experience managing or operating a restaurant/bar/lounge; and

WHEREAS, Members of the community have identified twenty-six (26) establishments within 500 feet of the Premises with an on-premises liquor license; and

WHEREAS, Members of the community have offered evidence that the Premises may be within 200 feet of the Calvary Episcopal Church; and

WHEREAS, A petition opposing the application with approximately 250 signatures was presented to CB5 by members of the community; and

WHEREAS, The proposed lease to Applicant for the Premises does not contain restrictions and prohibitions with respect to use and disturbance customarily found in arms-length leases and there is concern that the overlapping relationship between principals of Applicant and the owner of the Premises would leave Applicant subject to no customary supervision or enforcement of quality of life standards by ownership; and

WHEREAS, The proposed method of operation as a new restaurant/bar/lounge open to 1:00 AM weekdays and 4:00 AM weekends for a large 6,000 sf space with a high occupancy of 233 persons is not appropriate at the location of the Premises; therefore be it

RESOLVED, that Community Board Five recommends denial of the application by 260 COM 4 LLC for a new on premises liquor license at 260 Park Avenue South, New York, New York.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

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