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Public Safety & Quality of Life

17 West 19th Street (5/6), DBRB LLC - application for an original on-premises liquor license

WHEREAS, Darren Berman, on behalf of DBRB LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for the ground floor restaurant to be located at 17 West 19th Street (between Fifth and Sixth Avenues), New York, New York  (the "Premises"); and

WHEREAS, The principal of Applicant is an experienced restaurateur, with an impressive resume and a list of successful, well-known, and highly reputable restaurants'; and

WHEREAS, The Applicant has appeared before Community Board Five in the past and has before received approval for a new liquor license at another location, which venture did not proceed to fruition; and

WHEREAS, The proposed method of operation at the Premises as a "white table cloth" restaurant and only as a restaurant is a positive change from the previous operation at the Premises which was a problematic club; and

WHEREAS, The Premises consists of approximately 5,000 square feet of indoor space on the ground floor, plus additional basement space to be used only for storage, offices, and kitchen prep area; and

WHEREAS, The Premises will be operated exclusively as a restaurant with a patron bar and an approximate total of 160 seats (including banquette seating); and

WHEREAS, Estimated patron usage is limited to 268 including kitchen staff and all personnel in accordance with the current Certificate of Occupancy; and

WHEREAS, The Premises will include 1 patron bar and 1 service bar; and

WHEREAS, Applicant shall:

a.       operate the Premises as a restaurant with seated bar and dining service only. Private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

b.      not use promoters;

c.       limit hours of operation from 11:00 am to 12:30 am Sunday through Thursday and 11:00 am through 1:00 AM Fridays and Saturdays (applicant will return to CB5 in six months to evaluate the success of the agreed upon restrictions);

d.      at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing. 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;

e.       use best efforts to clear all garbage and debris from the area in front of and surrounding the premises immediately after closing;

f.       use recorded music inside premises only; and at no time employ or use a DJ or other form of live music;

g.       prohibit dancing at the Premises at all times and further agree to not apply for a cabaret license;

h.      not utilize an exterior "velvet rope" door policy. 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;

i.        discourage customers from loitering outside the Premises at any time;

j.        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;

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

l.        meet with neighbors and CB5 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, 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 Darren Berman 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 Five recommends denial of the application by DBRB LLC for a new on-premises liquor license for the ground floor restaurant located at 17 West 19TH Street, New York, New York, 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 37 in favor; 0 opposed; 1 abstaining:.

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