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Public Safety & Quality of Life

1186 Broadway a/k/a 20 West 29th Street , 1186 Broadway Tenant LLC and Friedfield Breslin LLC, d/b/a The Ace Hotel, The Breslin Restaurant, and The John Dory Oyster Bar, application for renewal of an existing liquor license.

WHEREAS, 1186 BROADWAY TENANT LLC and FRIEDFIELD BRESLIN LLC (collectively, "Applicant"), has notified Community Board Five of its intention to renew the hotel liquor license for the hotel and restaurants located at 1186 Broadway a/k/a 20 West 29th Street, New York, New York (the "Premises"); and

WHEREAS, The Premises consists of 176,715 square feet of indoor space including approximately 2,353 square feet for The Breslin restaurant on the ground floor/mezzanine and approximately 3,175 square feet for the John Dory Oyster Bar restaurant on the ground floor/basement of the northwest corner of the Premises; and

WHEREAS, The Premises is operated exclusively as a hotel with no more than two (2) restaurants, with approximately 41 tables and 180 seats for dining and 23 bar/counter stools in the Breslin and approximately 12 tables and 101 seats (including banquette seating) for dining and 21 bar stools in the Oyster Bar; and 13 tables and 26 seats in the outdoor sidewalk café; and

WHEREAS, Applicant shall:

a.       operate the Premises as a hotel with room service and mini bars and no more than two (2) restaurants with seated bar and dining service, and an outdoor cafe;

b.      not use any outside promoters at any time and the Licensees shall at all times remain responsible for and in complete control of the Premises and its patrons and all material positions of operations shall be the employees of the Licensees at all times;

c.       continue to maintain its dedicated security personnel at the Premises and provide additional security Thursdays, Fridays and Saturdays 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, and (iii) discourage patrons from congregating outside the Premises.  Security personnel shall be employees of Licensee, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Licensee;

d.      strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

e.       not utilize an exterior "velvet rope" door policy.  Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Licensee has an employee responsible for maintaining the orderliness of patrons;

f.       discourage customers from loitering outside the Premises at any time;

g.       not utilize DJ's in the restaurants of the hotel (though DJ's may be used in event space in the hotel);

h.      meet with neighbors and CB5 as requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community;

i.        Arrange for private garbage pick up and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors; and

j.        return to CB5 as requested to evaluate the success of the restrictions established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, Applicant has agreed that the space in the hotel known as Liberty Hall will be used by the general public and for "private events" as defined herein.  During the time that Liberty Hall is used by the general public, the Licensee will adhere to all applicable and governing legal restrictions and requirements, including not using any stand up bars, and not conducting activities that would require a cabaret license.  As used herein, the term "private event" for purposes of Liberty Hall shall be limited to either:

a.       a hotel sponsored event where guests of the event are specifically invited to the hotel, and entry is limited and restricted to those specifically identified on the invitation list; or

b.      an event given by a private person, charity or company paid for by such person;

In either instance of (a) and (b) above, a reasonable person would understand that the private event was not open to the general public and

WHEREAS, Should Applicant ever intend to transfer its interest in the Premises or the business, notice shall be given to CB5 before such transfer is made, and will use reasonable efforts to have the transferee agree to the covenants set forth 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

WHEREAS, Members of the community expressed support for the approval of the renewal subject to the foregoing conditions and stipulations; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by 1186 BROADWAY TENANT LLC and FRIEDFIELD BRESLIN LLC to renew the hotel liquor license for the hotel and restaurants located at 1186 Broadway a/k/a 20 West 29th 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 34 in favor; 0 opposed; 1 abstaining.

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