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Public Safety & Quality of Life

215 West 40th Street (between Seventh and Eighth Avenues), ROBERT FLUET, MICHAEL HEARNER AND DAVID ASH, APPLICATION FOR A NEW ON-PREMISES LIQUOR LICENSE

WHEREAS, ROBERT FLUET, MICHAEL HEARNER AND DAVID ASH, 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 new restaurant/bar located at 215 West 40th Street (between Seventh and Eighth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,300 square feet on the ground floor and outside courtyard of useable public space, and an additional 198 square feet to be used only for offices and storage; 923 square feet on the mezzanine floor of useable public space, and an additional 200 square feet to be used only for storage; 1,914 square feet on the below ground floor of useable public space, and an additional 660 square feet to be used only for kitchen and storage; and

WHEREAS, The Premises will be operated exclusively as a restaurant/bar, with a total of approximately 61 tables, 188, seats, and 20 bar stools, with a full kitchen; and

WHEREAS, The total capacity of the Premises is 348; and

WHEREAS, The Premises includes 2 patron bar and no service bars; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.      agree to operate the Premises exclusively as a restaurant/bar, with hours of operation Sunday through  Wednesday from 11:00 AM to  2:00 AM, Thursday through Saturday from 11:00 AM to  4:00 AM;

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

3.      be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part): (i) at all times Licensee shall remain responsible for and in complete control of the Premises and its patrons and (ii) all material positions of operation shall be the employees of the Licensee at all times;

4.      maintain security personnel at all times at a ratio of (1) guard per up to 75 persons to maintain order both inside and outside of the Premises, take reasonable steps to ensure that patrons enter and leave the Premises and 40th Street in a peaceful, quiet and respectful manner; discourage patrons from congregating outside the Premises; and use reasonable efforts to have the area immediately in front of the premises on 40th Street cleared of all patrons within one-half hour of closing.  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;

5.      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;

6.      maintain an outdoor smoking area in the courtyard of the Premises, provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, and will encourage its customers to use that area for smoking and cell phone use and shall discourage customers from loitering outside the Premises on 40th Street;

7.      encourage idling cabs or stopped cars to continue to move on in an attempt to mitigate traffic during restaurant/bar operations after 10PM on all nights; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the Restaurant/Bar ownership or management ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), such transferring party shall notify CB5 of such intent and shall require any potential transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Robert Fluet, Michael Hearner and David Ash ever contemplate a transfer of their interest in Applicant so that they do not have a controlling management interest in Licensee ("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, Mr. Fluet is an operator well known to CB5, with an existing operation in good standing in our district; and

WHEREAS, No members of the public appeared to object to this application; 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; therefore be it

RESOLVED, Community Board Five recommends denial of the application by ROBERT FLUET, MICHAEL HEARNER AND DAVID ASH, on behalf of an entity to be formed, for a new on premises liquor license for a new restaurant/bar located at 215 West 40th Street (between Seventh and Eighth Avenues), 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 35 in favor; 0 opposed; 1 abstaining.

 

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