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Public Safety & Quality of Life

215 West 28th Street (between Seventh and Eighth Avenues), Dubcork, Inc. d/b/a "Smithfield", application for a new on premises liquor license.

WHEREAS, Dubcork, Inc. ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for the bar / restaurant located at 215 West 28th Street (between Seventh and Eighth Avenues), New York, New York (the "Premises"); and

WHEREAS, the Premises consists of 9570 square feet of indoor patron space on the ground floor, second floor and third floor rear, with third floor front used as offices and 4th floor used as an apartment.  Basement will be used for storage, kitchen and bathrooms; and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises is operated exclusively as a bar/restaurant and corporate/private event space, with a total of 32 tables, 183 seats and 13 bar stools; with operating hours of Monday through Friday, Noon until 3:30AM and Saturday through Sunday, 10:00AM through 3:30AM; and

WHEREAS, Total capacity of the Premises is 407; and

WHEREAS, The Premises includes 2 patron bars, no service bar, and a kitchen; and

WHEREAS, The former use of the Premises was a problematic nightclub known as "Promenade"; 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 specifically the adjacent parking lot, 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, and specifically the adjacent parking lot, 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 and street in front of Premises;

e.                   agree to not block sidewalks with barricades or any other items;

f.                   agree to not use DJ's or have any live entertainment, except acoustical performances and have only background music at all other times;

g.                  agree to not pursue a cabaret license;

h.                  agree to install sound attenuation material to mitigate the sound of existing HVAC equipment;

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

j.                    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;

k.                  agree to adhere to the NYPD Best Practices guidelines wherever applicable;

l.                    agree that if changes to the front façade are made, such that windows or doors are made operational, will comply close windows or doors at a reasonable hour and at a maximum, the hours defined by NYC DCA for sidewalk cafes; and

WHEREAS, Members of the public expressed support for this application since this new operation would replace a very problematic one; 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 Gavin Whiston 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 Dubcork, Inc. for a new on premises liquor license for the or the bar / restaurant located at 215 West 28th Street (between Seventh and Eighth 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.

 

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