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Public Safety & Quality of Life

45 East 28th Street (between Park and Madison Avenues), ROSE AND CROWN CAFÉ, INC. - APPLICATION FOR A NEW ON PREMISES LIQUOR LICENSE

WHEREAS, Rose and Crown, Inc. ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for the ground floor gastropub restaurant located at 45 East 28th Street (between Park and Madison Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 2156 square feet on the ground floor of useable public space, and an additional 2,156 square feet in the basement; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 14 tables, 56 seats, and 15 bar stools, with a full kitchen; and

WHEREAS, The total capacity of the Premises is 74; any higher capacity requires the filing of Place of Assembly Certificate of Operation with the DOB; and

WHEREAS, The Premises includes 1 patron bar and 1 service bar; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.                  keep the establishment exclusively as a restaurant, with hours of operation from 11am to 4am daily

2.                  close the French windows to the street by 11pm Sunday-Wednesday and midnight Thursday-Saturday

3.                  not apply for a cabaret license or a sidewalk cafe;

4.                  not hire outside promoters;

5.                  not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only;

6.                  agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

7.                  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) clear the area outside the Premises of all patrons immediately after closing;

8.                  not utilize an exterior "velvet rope" door policy or allow external queuing for entrance

9.                  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;

WHEREAS, Members of the public were satisfied with the conditions and stipulations agreed to by the Applicant in response to any concerns they may have had; 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 Traynor 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 Rose and Crown, Inc. for a new on premises liquor license for the ground floor gastropub restaurant located at 45 East 28th Street (between Park and Madison 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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