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Public Safety & Quality of Life

5 West 21st Street- 5/6, Farmhouse Productions - application for an original liquor license

WHEREAS, Larry McIntyre, on behalf of Farmhouse Productions 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 5 West 21st 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 Four in the past and has before received approval for a new liquor license at another location; and

WHEREAS, The Applicant has engaged in substantial community outreach and has received favorable endorsements by a local neighborhood association and persons; and

WHEREAS, The proposed method of operation at the Premises is as a restaurant consistent with the previous operation at the Premises, which was not problematic in the neighborhood; and

WHEREAS, The Premises consists of approximately 2,400 square feet of indoor space on the ground floor, plus additional basement space for non-patron use; and

WHEREAS, The Premises will be operated exclusively as a restaurant with a small patron bar and fully constructed kitchen, all totaling 74 seats (including barstool seating); and

WHEREAS, Estimated patron usage is limited to 74 including kitchen staff and all personnel in accordance with the current Certificate of Occupancy; and

WHEREAS, The Premises will include 1 patron bar and includes no outdoor space; and

WHEREAS, Applicant has agreed that it 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 external party promoters;

c.              limit hours of operation from 11:00 am to 12:00 am Monday through Thursday and Sunday, and  11:00 am through 1:00 am Friday and Saturday;

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

k.             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 Larry McIntyre 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 Farmhouse Production LLC for a new on-premises liquor license for the ground floor restaurant located at 5 West 21st 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 33 in favor; 0 opposed; 1 abstaining.

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