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State Licenses and Permits
30-32 W. 31st Street, New York, New York (between Fifth Avenue and Broadway), CHSP TRUST 31ST STREET LLC D/B/A "HOLIDAY INN", APPLICATION FOR A NEW HOTEL LIQUOR LICENSE
WHEREAS, CHSP TRUST 31ST STREET LLC ("Applicant") has notified Community Board Five of its intention to apply for a new hotel liquor license for the Holiday Inn hotel located at 30-32 W. 31st Street, New York, New York (between Fifth Avenue and Broadway, 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 Premises includes approximately 1,500 square feet of useable public space on the rooftop, which includes one patron bar; and
WHEREAS, The rooftop will be operated exclusively as a bar and private event space, with a total of approximately 22 tables, 66 seats, and 9 bar stools, serviced by the restaurant on the ground floor; and
WHEREAS, The total capacity of the rooftop is 74; with any higher capacity requiring the filing of Place of Assembly Certificate of Operation with the DOB; 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. agree to keep the rooftop public space with hours of operation Sunday through Thursday closing at 11:00 pm, with music shutting down by 10:00 pm, and Friday and Saturday nights closing at 1:00 am, with music shutting down at 12:00 am;
2. not apply for a cabaret license or a sidewalk cafe;
3. not incorporate a DJ or live music, and agree to keep the stereo ambient music only, with volume controls strictly regulated by management;
4. not hire outside promoters; with private parties deemed included in rooftop use but promoter-driven public events specifically excluded from rooftop use;
5. 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, and (iii) use best efforts to clear the area outside the Premises of all patrons immediately after closing;
6. meet with neighbors and CB5 if requested;
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 James Lloyd Francis, David Rick Adams, Graham John Wootten and Douglas William Vicari ever contemplate a transfer of their interest in Applicant so that they do 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 CHSP TRUST 31ST STREET LLC for a new hotel liquor license for the Holiday Inn hotel located at 30-32 W. 31st Street, New York, New York (between Fifth Avenue and Broadway, 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.