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State Licenses and Permits
155 West 33rd Street (between Sixth and Seventh Avenues), PATRICK EVANGELISTA D/B/A "OVERLOOK" - APPLICATION FOR A NEW ON PREMISES LIQUOR LICENSE
WHEREAS, PATRICK EVANGELISTA, on behalf of an entity to be formed ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for the bar / restaurant located at 155 West 33rd Street (between Sixth and Seventh Avenues), New York, New York, (the "Premises"); and
WHEREAS, The Premises consists of 9,000 square feet of patron space on the ground floor, second floor, third floor and roof, with the possibility of patron space in the basement for pool tables but primarily used for storage, kitchen and bathrooms; and
WHEREAS, The Premises includes a roof space with a retractable cover; even though there are no residences in the immediate vicinity, when the roof space is not covered the Applicant agrees to turn off any and all outside music and/or TVs at 10pm Sunday through Wednesday and will close the roof to patrons at 12 midnight; the Applicant agrees to turn off any and all outside music and/or TVs at 11pm Thursday through Saturday and will close the roof to patrons at 1am; and
WHEREAS, The Premises is operated exclusively as a bar/restaurant and corporate/private event space, with a total of 77 tables, 270 seats and 38 bar stools; with operating hours of Monday through Wednesday, 11AM until 3AM; Thursday through Saturday, 11 AM until 4 AM; Sunday, 12PM until 2AM; and
WHEREAS, Total capacity of the Premises is 460; and
WHEREAS, The Premises includes three 3 patron bars, one 1 service bar, and a kitchen; and
WHEREAS, The former use of the Premises is as an adult bookstore; and
WHEREAS, The Applicant has agreed that 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 Licensee 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 Licensee at all times;
b. maintain adequate security at the Premises at all times in the proportion of one security personnel for every 75 patrons, thus requiring a minimum of 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 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. install used-cigarette receptacles in front of Premises, if in compliance with the law, and use best efforts to maintain cleanliness of sidewalk and street in front of Premises;
e. not block sidewalks with barricades or any other items;
f. not use live entertainment;
g. not operate as a nightclub and not pursue a cabaret license;
h. discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;
i. 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;
j. adhere to the NYPD Best Practices guidelines wherever applicable;
k. agree that if changes to the front façade are made, such that windows or doors are made operational, will close windows or doors at a reasonable hour and at a maximum, by the hours defined by NYC DCA for sidewalk cafes; and
WHEREAS, There was no opposition to this application expressed by members of the public; 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 Patrick Evangelista Jr. 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 Patrick Evangelista on behalf of an entity to be formed, for a new on premises liquor license for the bar / restaurant located at 155 West 33rd Street (between Sixth and Seventh Avenues), 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.