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State Licenses and Permits
127 West 28TH STREET (B/T 6th and 7th AVENUES), BICE GROUP D/B/A "BICE" - APPLICATION FOR A NEW ON PREMISES LIQUOR LICENSE
WHEREAS, Bice Group ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for the roof top bar associated with Bice restaurant in the Indigo Hotel located at 127 West 28th Street (between Sixth and Seventh Avenues), New York, New York (the "Premises"); and
WHEREAS, The rooftop Premises consists of approximately 1620 square feet, all of which will be available for patron use; and
WHEREAS, The Premises will be a bar associated with the Bice restaurant in the Hotel Indigo; and
WHEREAS, The total capacity of the rooftop Premises is 145; and
WHEREAS, The rooftop Premises includes 1 patron bar; and
WHEREAS, The Applicant has agreed that Applicant shall:
1. close the rooftop by 1am daily
2. not apply for a cabaret license;
3. not hire outside promoters;
4. not incorporate a DJ or live music, and agree to keep the stereo ambient music certified by a sound engineer
5. agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;
6. meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community; and
WHEREAS, Members of the public expressed support for the application in order to replace the very problematic existing operation at 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 Roberto Ruggeri 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 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 Bice Group for a new on premises liquor license for the roof top bar associated with Bice restaurant in the Indigo Hotel located at 127 West 28th Street (between Sixth and Seventh 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 32 in favor; 0 opposed; 1 abstaining.