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Public Safety & Quality of Life

9 West 26th Street, New York, New York (between Fifth Avenue and Broadway), 9 WEST 26TH STREET LLC D/B/A "SAKI BEACH", APPLICATION FOR A NEW HOTEL LIQUOR LICENSE

WHEREAS, 9 WEST 26TH STREET LLC ("Applicant") has notified Community Board Five of its intention to apply for a new hotel liquor license for the Flatiron Hotel located at 9 West 26th Street, New York, New York (between Fifth Avenue and Broadway), New York, New York (the "Premises"); and

WHEREAS, The application initially included a request to license a rooftop bar at the Premises but the application was amended to specifically eliminate any rooftop space; and

WHEREAS, The Premises consists of approximately 1,600 square feet of useable public space, of which approximately 600 square feet is located on the ground floor and approximately 900 square feet is located on the mezzanine level; and

WHEREAS, The Premises will be operated exclusively as a restaurant and lounge, with a full kitchen located in the basement of the hotel; and

WHEREAS, The Premises contains no rooftop space; and

WHEREAS, The total capacity of the Premises is approximately 150, as to be determined by New York City Department of Buildings, exclusive of employees; and

WHEREAS, The Premises includes 1 patron bar;

WHEREAS, The Applicant has agreed that Applicant shall:

1.      agree to keep the establishment exclusively as a restaurant and lounge, with hours of operation no later than 2am seven days a week;

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

3.      not hire outside promoters;

4.      not incorporate a DJ, and agree to keep all 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.      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;

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

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, 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 Bettina Bilger or Eli Saleg 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 9 WEST 26TH STREET LLC for a new hotel liquor license for the Flatiron Hotel located at 9 West 26th 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 36 in favor; 0 opposed; 1 abstaining.

 

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