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State Licenses and Permits
222 WEST 44TH STREET, (B/T SEVENTH AND EIGHTH AVENUES), BOWLMOR TIMES SQUARE LLC, APPLICATION FOR CABARET LICENSE
WHEREAS, Thomas Shannon, on behalf of BOWLMOR TIMES SQUARE LLC ("Applicant"), has applied for a NYC DCA Cabaret License for the 3rd and 4th floor bowling alley / event space located in the old NY Times building, at 222 West 44th Street, New York, New York, 10036 (the "Premises"); and
WHEREAS, The Premises main entrance will be located on 44th Street and will have a large queuing area for patrons; and
WHEREAS, The Premises consists of approximately 90,000 square feet of space on the 3rd and 4th floor; and
WHEREAS, The Premises will have a Public Assembly valid for the entire establishment with a maximum occupancy of 1071 people (patrons and employees) with the well defined cabaret portion being the 3rd Floor Banquet Room 1 and 4th Floor Banquet Room 2 only; and
WHEREAS, Banquet Room 1 has a total occupancy of 209 patrons and employees and Banquet Room 2 has a total occupancy of 136 patron and employees, and
WHEREAS, New and existing stairwells are adequate for the new occupancy loads on both the 3rd and 4th floors; and
WHEREAS, All life safety systems required by NYC DOB for a premises use as a Cabaret have been satisfied, including:
Building Smoke Purge System
Fire Alarm System with Central Station Monitoring
Sprinkler System
Emergency and Exit Lighting
Building Emergency Generator fed circuits for Egress Lighting, Smoke Purge and Fire Alarm, etc. in accordance with NYC DOB requirements; and
WHEREAS, The Premises will be operated predominantly as a Bowling Alley / Event Space with two large bars on the 3rd Floor and one large bar on the 4th Floor with an additional service bar to serve the 4th Floor Banquet Room; and
WHEREAS, Applicant shall:
1. operate the Premises as a Bowling Alley / Event Space and should any change to that model occur, contact Community Board 5 prior to such changes,
2. 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 Licensee 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 Licensee at all times;
3. maintain business hours of Premises' indoor operation with a closing time no later than 4AM, 7 days per week,
4. maintain adequate security personnel at all times, both inside and outside of the Premises; ensure that patrons enter and leave the Premises at 44th Street in a peaceful, quiet and respectful manner; discourage patrons from congregating outside the Premises; and use best efforts to have 44th Street cleared of all patrons within one-half hour of closing. Security personnel shall be employees of Licensee, or if third-party security company is used, such company shall at all times be directed and supervised by employees of Licensee;
5. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;
6. maintain an outdoor smoking area in front of the Premises, provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, and will encourage its patrons to use that area for smoking and cell phone use and shall discourage customers from loitering outside the Premises on 44th Street; with smoking area to be monitored by a security presence on all nights;
7. arrange for private garbage pick up 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 with respect to any persisting problem if requested by CB5 and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community.
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 Thomas Shannon 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 by Applicant with 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 BOWLMOR TIMES SQUARE LLC for a NYC DCA Cabaret License for the 3rd and 4th floor bowling alley / event space located in the old NY Times building, at 222 West 44th Street, New York, New York, 10036, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority liquor license.
The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.