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Public Safety & Quality of Life

47 West 20th Street (5/6), Jack Menashe/tbd - application for an original on-premises liquor license

WHEREAS, Jack Menashe, on behalf of Limelight Pub 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 the premises leased to Applicant on the ground and second floors of the Limelight Marketplace located at 47 West 20th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Applicant is a joint venture between the Limelight Marketplace and Todd English Restaurants; and

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

WHEREAS, The proposed method of operation at the Premises as a restaurant and only as a restaurant is a positive change from the previously abandoned condition of the space and the former operation at the Premises which was a problematic club; and

WHEREAS, The Premises consists of 500 square feet of public indoor space on the ground floor, with 5 tables and 20 seats; 850 square feet of public indoor space on the second floor, with 11 tables and 34 seats; and 1,400 square feet of back-of-house space on the second floor and in the basement, to be used only for storage, offices, and full kitchen; and

WHEREAS, The Premises includes 1,865 square feet of outdoor space on the ground floor; 1,250 of which will be used for outdoor dining, with 12 tables and 48 seats; an additional 280 square feet area west of the entrance passageway will not be utilized; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a combined total of 28 tables and 92 seats for indoor and outdoor dining, and 23 bar stools at the indoor patron bars; and

WHEREAS, The Premises will include 3 indoor patron bars and no service bars; with no licensed patron or service bars in the outdoor space; 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 events are specifically excluded from restaurant use;

b.                  restrict the use of any outdoor space to table dining service only, with the areas closed and patrons dispersed no later than 10:00PM Sunday through Thursday nights and 11:00PM Friday and Saturday nights; in full accordance with CB5's Outdoor Operations guidelines;

c.                   maintain operating hours indoors, closing no later than 12:30AM Sunday through Thursday nights and 1:00AM Friday and Saturday nights; with extension of hours to be considered by CB5 at applicant's request after 6 months of operation;

d.                  maintain dedicated security personnel in and in front of the Premises at all times 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.                   ensure that sound does not leak at any time from the inside of the Premises through the walls, windows, or doors to neighboring residences; with no amplified sound in the outdoor space at any time;

f.                   prohibit dancing at the Premises at all times;

g.                  not apply for a cabaret license;

h.                  keep amplified music at a background level, conducive to an eating establishment only; and not incorporate a DJ or live music at any time;

i.                    maintain an interior space at all times for purposes of queuing patrons; using best efforts, including monitoring by security personnel, to restrict the number of patrons queuing in the outdoor space and to keep noise to an absolute minimum;

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

k.                  arrange for private garbage pick-up; with one pick-up for multiple operations at the Premises; and store garbage in a manner so as not to cause a disturbance or annoyance to its neighbors;

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

m.                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, Applicant shall return to CB5 in six (6) months 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 Jack Menashe 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 Limelight Pub LLC for a new liquor license for the ground floor restaurant to be located at 47 West 20th Street (between Fifth and Sixth Avenues), 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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