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Public Safety & Quality of Life

38 West 26th Street (between Broadway and Sixth Avenue), HEARTLAND BREWERY HOLDINGS LTD., APPLICATION FOR A NEW ON-PREMISES LIQUOR LICENSE

WHEREAS, HEARTLAND BREWERY HOLDINGS LTD. ("Applicant") has notified Community Board Five of its intention to apply for a new on premises liquor license for a new ground floor and basement restaurant located at 38 West 26th Street (between Broadway and Sixth Avenue), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 4000 square feet on the ground floor of raw space, and an additional 1500 square feet in the basement; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 33 tables, 160 seats, and 21 bar stools, with a full kitchen; and

WHEREAS, The total capacity of the Premises is approximately 190; and

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

WHEREAS, Although it will be operated by a subsidiary of the familiar "Heartland Brewery" restaurants, this venue shall not have the same method of operation as those restaurants; and

WHEREAS, The not yet named operation will be operated as a quiet Mexican-style restaurant; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.      agree to keep the establishment exclusively as a restaurant, with hours of operation from 11am to 12:30am Sun-Wed; 11am-1:30am Thu-Sat;

2.      agree to close the French doors opening to the street by 10pm Sunday-Thursday and 11pm Friday & Saturday;

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

4.      not hire outside promoters;

5.      not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only;

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

7.      at all times take reasonable steps 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 reasonable efforts to clear the area immediately outside the Premises of all patrons immediately after closing;

8.      not utilize an exterior "velvet rope" door policy nor allow external queuing for entrance;

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, 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 Jon Bloostein 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, While we are aware that some members of the public are concerned about the general proliferation of licensed establishments on this block, none 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 HEARTLAND BREWERY HOLDINGS LTD. for a new on premises liquor license at 38 West 26th Street (between Broadway and Sixth Avenue), 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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