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Public Safety & Quality of Life

625 MADISON AVENUE A/K/A 39 EAST 58TH STREET, MADISON ENTERTAINMENT LLC D/B/A LAVO, APPLICATION FOR ALTERATION OF AN EXISTING ON PREMISES LIQUOR LICENSE

WHEREAS, Paul Goldstein, on behalf of Madison Entertainment LLC ("Applicant"), has notified Community Board Five of its intention to apply for an alteration to its existing on premises liquor license for the ground floor restaurant and basement nightclub located at the premises at 625 Madison Avenue a/k/a 39 East 58th Street, New York, New York (the "Premises"); and

WHEREAS, Applicant seeks to annex an adjacent new space to the Premises; and

WHEREAS, The addition consists of approximately 550 usable square feet on the ground floor of useable public space, all of which will be for patron use and service bar; and

WHEREAS, The Premises will be operated exclusively as seating for the existing Lavo restaurant and bar, with a total of approximately 8-9 tables, and 30-40 seats, and as a waiting area, if lawful, for patrons queuing to enter the Lavo nightclub downstairs; and

WHEREAS, The total capacity of the addition will be 120 persons seated and standing; and

WHEREAS, The addition includes 1 service bar only and no patron bar; and

WHEREAS, Applicant shall:

1.      Maintain a VIP entrance and reservation policy to expedite the entrance of patrons into the club and minimize queuing;

2.      Comply with police department instructions regarding persons outside of the Premises waiting for admission to the Premises;

3.      Employ up to at least 3 additional identifiable persons to monitor and direct vehicular traffic during nightclub hours;

4.      Ensure that additional interior space is allocated to patrons waiting for entrance to the establishment as well as dining and bar space;

5.      Inform residents of special events ;

6.      Continue open communication with the police department to attempt to have a uniformed officer is stationed on 58th street helping to monitor the block;

7.      at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) attempt to have 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;

8.      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, 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 request any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Paul Goldstein 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 requested 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; and

RESOLVED, That Community Board Five recommends denial of the application by Madison Entertainment LLC D/B/A LAVO for the alteration to its existing on premises liquor license for the ground floor restaurant and basement nightclub located at the premises at 625 Madison Avenue a/k/a 39 East 58th 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 32 in favor; 0 opposed; 1 abstaining.

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