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State Licenses and Permits

May 2010, Public Safety & Quality of Life Committee

656 6th Ave., Grimaldi Pizzeria - application for a new liquor license

WHEREAS, Sixth Avenue Grimaldi, Inc. ("Applicant") has notified Community Board Five of its intention to file an application for a new wine and beer license within the premises leased to Applicant on the ground floor of the Limelight Marketplace located at 656 Sixth Avenue (the "Premises"); and

WHEREAS, The Premises consists of 1,200 square feet of space on the ground floor; and

WHEREAS, Applicant is aware that this location falls within the Ladies Mile Historic District and that the Premises itself is an individual landmark 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, Although the Premises are in CB5's moratorium area, and there are residents who continue to object to any new liquor licenses on 20th Street or 21st Street or 6th Avenue between 20th Street and 21st Street, the Premises falls within an exception to the moratorium prohibition since it contains less than 3,000 square feet and satisfies other requirements for the exception; and

WHEREAS, The Premises will be operated as a sit down pizza establishment similar in operation to Applicant's other locations of the same name, and

WHEREAS, The Premises will have an occupancy of seventy four (74) persons, will have twenty five (25) tables and sixty-five (65) chairs and no patron bars; and

WHEREAS, There will be a brick pizza oven and the Applicant will serve full pie pizzas, antipasto, calzones and desserts; and

WHEREAS, The Applicant has agreed that it shall:

  1. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;
  2. have background music only, and in no event shall a DJ, live music or dancing ever be permitted at the Premises;
  3. provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, Applicant will maintain the outdoor area to the south of its Premises as a queuing area for patrons waiting to be seated and will ensure that its customers queue in an orderly manner, single file and keep noise to a minimum;
  4. closely monitor exterior queuing allowed only for purposes of maintaining legal capacity and provided that Applicant has an employee responsible for maintaining the orderliness of patrons in line.  Any queuing shall be along the Sixth Avenue side of the Limelight only and shall not extend past the corner of Sixth Avenue and 20th Street;
  5. maintain adequate security on the premises at all times necessary 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;
  6. not use any outside promoters at any time;
  7. arrange for private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;
  8. 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, Applicant has agreed that it shall cease serving beer and wine at11:00 P.M. every night and close the premises by 2 A.M. every night. After six months, Applicant may seek CB5's consent to an extension of those hours and Applicant shall only extend the hours as and if CB5 so consents; and

WHEREAS, Applicant and its principal, Frank Ciolli, shall return to CB5 in six (6) months after 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 Frank Ciolli 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 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 beer and wine license for Sixth Avenue Grimaldi Inc. for 656 Sixth Avenue 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 35 in favor; 0 opposed; 1 abstaining.

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