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Public Safety & Quality of Life

120-124 E. 28th Street (between Lexington Avenue and Park Avenue South), PARK SOUTH HOTEL LLC D/B/A "PARK SOUTH HOTEL", APPLICATION FOR A NEW HOTEL LIQUOR LICENSE

WHEREAS, PARK SOUTH HOTEL LLC ("Applicant") has notified Community Board Five of its intention to apply for a new hotel liquor license for the Park South Hotel located at 120-124 E. 28th Street (between Lexington Avenue and Park Avenue South), New York, New York (the "Premises"); and

WHEREAS, The application includes a request to license a rooftop bar at the Premises; and

WHEREAS, But for the rooftop bar portion of the application, CB5 has no issue with the issuance of the hotel liquor license; and

WHEREAS, The rooftop bar located at the Premises consists of approximately 2200 square feet, all of which is available for patron use; and

WHEREAS, The rooftop bar located at the Premises is a bar and restaurant space operated by the hotel and by Black Duck restaurant, a well-known and reputable operator; and

WHEREAS, The rooftop operation shall be similar to the Applicant's sister operation at the Strand Hotel, which has no complaints of record; and

WHEREAS, The total capacity of the rooftop is 120 and contains 14 tables with 60 chairs and 10 barstools; and

WHEREAS, The rooftop Premises includes 1 patron bar, and will be used primarily for food service and for use by patrons of the hotel as a bar area; and

WHEREAS, The rooftop bar is subject to CB5's Rooftop and Rear Yard Guidelines and complies with the requirements related thereto; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.      close the rooftop by 11pm Sunday-Wednesday and 1am Thursday-Saturday

2.      use a sound engineer to design the space as to minimize impact of sound (including voices) on neighboring residential buildings

3.      not incorporate a DJ or amplified live music, and agree to keep the stereo ambient music certified by a sound engineer, and reduce the sound level of music starting an hour before closing

4.      not apply for a cabaret license;

5.      not hire outside promoters;

6.      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, No members of the public expressed opposition to the application; 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 John B. Taft 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 PARK SOUTH HOTEL LLC for a new hotel liquor license for the Park South Hotel located at 120-124 E. 28th Street) between Lexington Avenue and Park Avenue South), 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 36 in favor; 0 opposed; 1 abstaining.

 

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