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State Licenses and Permits

1186 Broadway @ 29th St., 1186 Broadway Tenant LLC/Friedfield Breslin LLC, d/b/a The Breslin and The John Dory – application for an alteration of a hotel liquor license and/or an on-premises liquor license for a sidewalk cafe

WHEREAS, 1186 BROADWAY TENANT LLC and/or FRIEDFIELD BRESLIN, LLC, (collectively "Licensee"), has notified Community Board Five of its intention to file an application for the alteration of its Hotel Liquor License and/or On Premises Liquor License affecting the restaurants located at 1186 Broadway a/k/a 20 West 29th Street, New York, New York (the "Premises") to serve alcohol at sidewalk café(s); and

WHEREAS, in February 2008, CB5 recommended approval of a Hotel Liquor License to Licensee for the Premises (the "Hotel License"); and

WHEREAS, in July 2008, CB5 recommended approval of an On-Premises Liquor License to Friedland Breslin LLC for The Breslin restaurant at the Premises (the "Breslin License"); and

WHEREAS, in March 2010, CB5 recommended approval of an amendment to the Hotel License regarding the Corner Store Oyster Bar a/k/a the John Dory restaurant (the "Amended License"); and

WHEREAS, Licensee has applied for an unenclosed sidewalk café at 1186 Broadway at the corner of 29th Street, which proposed sidewalk café would have 13 tables and 26 seats, with 4 tables and 8 seats on Broadway, and 9 tables and 18 seats on 29th Street (the "John Dory Sidewalk Café"); and

WHEREAS, Licensee has applied for an unenclosed sidewalk café at 20 West 29th Street, between Fifth Avenue and Broadway, which proposed sidewalk café would have 4 tables and 8 seats (the "Breslin Sidewalk Café"); and

WHEREAS, both the John Dory Sidewalk Café and the Breslin Sidewalk Café have the following hours of operation:

-       Monday            8:00 AM - 10:00 PM

-       Tuesday            8:00 AM - 10:00 PM

-       Wednesday       8:00 AM - 10:00 PM

-       Thursday          8:00 AM - 11:00 PM

-       Friday               8:00 AM - 11:00 PM

-       Saturday           11:00 AM - 11:00 PM

-       Sunday             11:00 AM - 10:00 PM; and

WHEREAS, Licensee has agreed to certain conditions and stipulations by Affidavit dated March 11, 2010, which Affidavit is attached hereto, the terms of which remain in full force and effect and are applicable to the John Dory Sidewalk Café and the Breslin Sidewalk Cafe; and

WHEREAS, although Licensee previously represented that (among other things) there would be no sidewalk cafes at the Premises, circumstances have now changed because the community strongly supports approval of the John Dory Sidewalk Café and the Breslin Sidewalk Cafe and, accordingly, CB5 has recommended that the City of New York Department of Consumer Affairs approve the John Dory Sidewalk Café and the Breslin Sidewalk Cafe; and

WHEREAS, the proposed Breslin Sidewalk Café is located directly across the street from Masjid Ar-Rehman, a mosque and place of worship, and the imams have expressed their strong opposition to the serving of alcohol at the Breslin Sidewalk Café; and

WHEREAS, although CB5 has no objection to the service of food at the Breslin Sidewalk Café, because of the strong opposition by Masjid Ar-Rehman to the service of alcohol at the Breslin Sidewalk Café, CB5 does not approve service of alcohol at the Breslin Sidewalk Café; therefore be it

RESOLVED, that Community Board Five recommends approval of the application by 1186 Broadway Tenant LLC and/or Friedfield Breslin LLC for the alteration of its On Premises and/or Hotel Liquor License to serve alcohol at the John Dory Sidewalk Café ONLY; and be it further

RESOLVED, that Community Board Five recommends denial of the application by 1186 Broadway Tenant LLC and/or Friedfield Breslin LLC for the alteration of its On Premises and/or Hotel Liquor License to serve alcohol at the Breslin Sidewalk Café.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

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