47 EAST 29TH STREET AT PARK AVENUE SOUTH, 47 McPUB INC. D/B/A "RED SKY", APPLICATION FOR RENEWAL OF ON PREMISES LIQUOR LICENSEWHEREAS, MICHAEL CASEY, on behalf of 47 McPub Inc. d/b/a "Red Sky" ("Applicant"), has notified Community Board Five of its intention to renew an existing liquor license for the 1st and 2nd floor bar / restaurant / event space with outdoor roof deck located at 47 East 29th Street, New York, New York, 10016 (the "Premises"); and
WHEREAS, the Premises consists of approximately 5,000 square feet of space on the 1st floor, 2nd floor, roof top and basement and that the basement is to be used only for storage and offices.; and
WHEREAS, the Premises has a public assembly valid for the entire establishment with a maximum occupancy of 225 people (patrons and employees); and
WHEREAS, the Premises will be operated predominantly as a bar /restaurant / event space with a total of 15 first floor bar stools, 4 first floor tables, 8 roof top tables for a total of 63 seats; and
WHEREAS, Applicant shall:
a. operate the Premises as a bar / restaurant / event space with seating and standing areas and use no promoters except for special occasions such as Halloween and New Year's Eve.
b. 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;
c. premises indoor operation shall be Monday through Saturday with a 4:00 AM closing time except that Sundays during football season the venue shall be open.
d. premises roof top operation shall close completely at 11:00PM Sunday through Thursday and Midnight on Friday and Saturday.
e. at all times when the Premises is being used, maintain security personnel at a ratio of (1) guard per up to 50 persons to maintain order both inside and outside of the Premises, ensure that patrons enter and leave the Premises and 29th Street in a peaceful, quiet and respectful manner; ensure that patrons exit the roof at the designated closing time; discourage patrons from congregating outside the Premises; and use best efforts to have 29th Street cleared of all patrons within one-half hour of 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;
f. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;
g. have iPod or similarly produced music, and in no event shall a DJ, live music or dancing ever be permitted at the Premises, except as specifically provided for herein;
h. not utilize an exterior "velvet rope" door policy and charge no cover. 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. provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, Applicant will maintain an outdoor smoking area in front of the Premises and will encourage its customers to use that area for smoking and cell phone use and shall discourage customers from loitering outside the Premises on 29th Street. This smoking area will be monitored by a security presence after 11 pm on all nights;
j. 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;
k. 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, 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 Michael Casey 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 47 McPub Inc. d/b/a "Red Sky" to renew an existing liquor license for the 1st and 2nd floor bar / restaurant / event space with outdoor roof deck located at 47 East 29th Street, New York, New York, 10016, 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.