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Public Safety & Quality of Life

1133 Broadway and 26th Street, Damion Luaiye d/b/a "Marlowe" - application for a new liquor license

WHEREAS, DAMION LUAIYE, on behalf of an entity to be formed by him ("Applicant"), has notified Community Board Five of its intention to file an application for an on premises liquor license within the premises to be leased to Applicant on the ground floor of 1133 Broadway, at 26th Street (the "Premises"); and

WHEREAS, The Premises consists of up to 4,400 square feet of indoor raw space on the ground floor; and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises will be operated exclusively as an eating and drinking establishment, private events space, and art-exhibition and performance space, excluding musical acts with amplified sound, with a kitchen offering light food service prepared on Premises, and an option for outside food service for special events, with an approximate total of 18 tables, 72 seats, and 20 bar stools; and

WHEREAS, The Premises will include two patron bars with an additional service bar to be used only by restaurant personnel to support table service; and

WHEREAS, Applicant shall:

a.      restrict the hours of operation to no later than 2:00 am on Sunday through Tuesday nights, and 4:00 am Wednesday through Saturday nights;

b.      not use outside promoters at any time;

c.      not seek a cabaret license at any time; and agree that use clause of lease shall not provide for use as a cabaret;

d.      file for a public assembly permit that does not exceed 150 persons for Premises; and agrees to comply with that number during the course of normal operations;

e.      maintain adequate security in the Premises at all times in the proportion of one security personnel for every 75 patrons, thus requiring two security personnel for the expected occupancy, to (i) ensure that patrons enter and leave the Premises in a peaceful, quiet, and respectful manner, (ii) discourage patrons from congregating outside the Premises, and (iii) use best efforts to have street frontage on Broadway cleared of all patrons within one half-hour of closing;

f.       discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

g.      maintain a waiting area inside the Premises to prevent lines of patrons outside; incorporate the use of a "smoking pen" with adequate security to corral smokers, control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises at any time;

h.      engage a sound engineer (Acoustilog Inc., or other engineer reasonably satisfactory to CB5) to inspect the Premises and make structural and sound system recommendations to ensure that sound does not have a deleterious effect on neighboring residences; share findings with CB5 for review of an acceptable level of sound; and agrees to install preset limiters controlled by management for sound;

i.        ensure that garbage, especially food garbage, is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians;

j.        strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and

k.      meet with neighbors and CB5, if requested; and

WHEREAS, Applicant agrees to return to CB5 six (6) months from the date of opening to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; 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, Should Damion Luaiye ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("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 before such transfer is made and any transferee shall be required 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 renewal 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 denial of the application by DAMION LUAIYE, on behalf of an entity to be formed by him for an on premises liquor license on the ground floor of 1133 Broadway, at 26th Street unless the above 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 31 in favor; 5 opposed; 1 abstaining.

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