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Public Safety & Quality of Life

55 West 21st, The Yard - application for a liquor license renewal

WHEREAS, New Lounge 4324 LLC, ("Applicant"), has notified Community Board Five of its intention to file an application for the renewal of an on premises liquor license for the ground floor bar/restaurant located at 55 W 21st Street, New York, New York (the "Premises"); and

WHEREAS, the Premises consist of an estimated 5,000 square feet of usable floor space, subdivided as follows: 2,500 square feet of space on the ground floor level and 2,500 on the basement level, with the basement level being used solely for: storage, private bathrooms, office space and a food preparation area.; and

WHEREAS, the Premises will be operated predominantly as a restaurant, bar and lounge; and

WHEREAS, the Applicant has agreed that it shall:

a)      operate the Premises as a restaurant, bar and lounge with seated bar and dining service, and be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part):

(i)      at all times Applicant shall remain responsible for and in complete control of the Premises and its patrons and

(ii)    all material positions of operation shall be the employees of the Applicant at all times; and

 

b)      at all times when the Premises is being used for more than just restaurant, bar, lounge use, maintain no less than three (3) dedicated security personnel in, and in front of, the Premises at all times and a fourth (4th) on Thursday, Friday and Saturdays to

(i)      maintain order both inside and outside of the Premises;

(ii)    ensure that patrons enter and leave the Premises and 21st Street in a peaceful, quiet and respectful manner;

(iii)   discourage patrons from congregating outside the Premises, and

(iv)  use best efforts to have 21st  Street cleared of all patrons within one-half hour of closing. 

 

c)      ensure that Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant;

 

d)      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 leak at anytime from the inside of the Premises through the walls, windows or doors to the neighboring or adjoining residences.  A copy of the sound engineer recommendations shall be provided to CB5;

 

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

 

f)       not utilize an exterior "velvet rope" door policy, provided that exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

 

g)      provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, Applicant will maintain an outdoor area in front of the Premises and will encourage its customers to use that area for smoking and cell phone use and shall discourage customers from loitering outside the Premises on 21st  Street,

 

h)      monitor the smoking area by a security presence after 11 pm on all nights;

 

i)        arrange for private garbage pickup and store garbage in a manner so as not to cause a disturbance or annoyance to its neighbors;

 

j)        meet with neighbors and CB5 on a regular basis if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community and

 

WHEREAS, although Applicant reserves the right to incorporate the basement level of the Premises such that said portion of the Premises will be incorporated into the existing bar and lounge located on the ground floor, upon such time as Applicant is ready to undertake the expansion of the restaurant, bar, lounge into the basement level, Applicant will provide timely notice of said expansion plans to CB5, prior to filing an application(s), request for permit(s), and/or seeking consent for expansion with the New York State Liquor Authority and/or Department of Buildings; 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 Cole Bernard 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 Fiverecommends denial of the renewal of an on premises liquor license for New Lounge 4324 LLC, ("Applicant"), 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 34 in favor; 0 opposed; 2 abstaining.

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