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Public Safety & Quality of Life

37 WEST 26TH STREET AT SIXTH AVENUE, BREAD & BUTTER ENTERTAINMENT LLC D/B/A "LA POMME", APPLICATION FOR RENEWAL OF ON PREMISES LIQUOR LICENSE

WHEREAS, THOMAS TARDIE, on behalf of BREAD & BUTTER ENTERTAINMENT LLC d/b/a "La Pomme" ("Applicant"), has notified Community Board Five of its intention to renew an existing liquor license for the ground floor bar/cocktail lounge located at 37 West 26th Street, New York, New York (the "Premises"); and

WHEREAS, the Premises consists of approximately 3000 square feet of indoor space on the ground floor, which includes a mezzanine area of approximately 150 square feet; with basement used only for storage and offices; and

WHEREAS, the Premises includes no outdoor space; and

WHEREAS, the Premises is operated exclusively as a bar/cocktail lounge and corporate/private event space, with partial kitchen for offering light food service; with a total of 75 seats and 15 tables; and

WHEREAS, total capacity of the Premises is 199; and

WHEREAS, the Premises includes 1 patron bar and no service bar; and

WHEREAS, Applicant shall:

a.       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;

b.      maintain adequate security at the Premises during hours of nightlife operation, with maintain an exception for corporate or private events, in the proportion of one security personnel for every 50 patrons, thus requiring four security personnel for the expected occupancy, 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; 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;

c.       incorporate the use of a smoking area with adequate security to corral smokers, control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises at any time;

d.      agree to install used-cigarette receptacles in front of Premises, if in compliance with the law, and use best efforts to maintain cleanliness of sidewalk in front of Premises;

e.       discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

f.       provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community, and agree to meet with neighbors and CB5 if requested;

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

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 Five recommends denial of the application by BREAD & BUTTER ENTERTAINMENT LLC d/b/a "La Pomme" to renew an existing liquor license for the ground floor bar/cocktail lounge located at 37 West 26th 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 41 in favor; 0 opposed; 1 abstaining.

 

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