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Public Safety & Quality of Life

530 Seventh Avenue at 39th Street, Paul Seres d/b/a Patua, application for a new on premises liquor license

WHEREAS, PAUL SERES, 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 a restaurant and lounge located on the 30th, 31st, and 32nd floors at 530 Seventh Avenue on the corner of 39th Street, New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 7,800 square feet of useable public space, on the 30th, 31st, and 32nd floors, of which approximately 2,200 square feet will be for patron use as a seasonal outdoor roof top space; and

WHEREAS, The Premises will be operated exclusively as a restaurant and lounge, with a full kitchen; and

WHEREAS, The total capacity of the Premises is 240, exclusive of employees; and

WHEREAS, The Premises includes 2 patron bars and 1 service bar; and

WHEREAS, Applicant shall:

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

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

3.      not hire outside promoters;

4.      not incorporate a DJ or live music in the outdoor areas, and agree to keep the outdoor music at an ambient level as is conducive to an eating establishment only;

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

6.      apply for an amended Certificate of Occupancy or a Letter of No Objection for the contemplated use of the property with the occupancy levels stated in this affidavit

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) use best efforts to clear the area outside the Premises of all patrons immediately after closing;

8.      not utilize an exterior "velvet rope" door policy nor allow external queuing for entrance except where needed for monitoring age verification;

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; and

WHEREAS, Because (i) the area surrounding the Premises presently has no noticeable residential population and (ii) the unenclosed rooftop areas shall be contained by glass walls all around, preventing sound from leaving the Premises, at this time, there shall be no restriction on hours of operation of the outdoor space; 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 PAUL SERES 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 PAUL SERES, on behalf of an entity to be formed for a new on premises liquor license for a restaurant and lounge located on the 30th, 31st, and 32nd floors at 530 Seventh Avenue on the corner of 39th 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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