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Public Safety & Quality of Life

839-845 Avenue of the Americas (between 29th and 30th Streets), SIXTH AVENUE RESTAURANT MANAGEMENT LLC, APPLICATION FOR THE TRANSFER OF AN ON-PREMISES LIQUOR LICENSE

WHEREAS, Steven Kamali, on behalf of SIXTH AVENUE RESTAURANT MANAGEMENT LLC ("Applicant") has notified Community Board Five of its intention to apply for a transfer of an existing on-premises liquor license for the ground floor restaurant (at this time called FOODPARC, future name to be determined) located at 845 Avenue of the Americas, New York, New York, and the second floor restaurant (at this time called BAR BASQUE, future name to be determined) located at 839 Avenue of the Americas, New York, New York and outdoor ground floor premises described below (the "Premises"); and

WHEREAS, The Premises is part of the Eventi Hotel; and

WHEREAS, The Premises consists of approximately 6,049 square feet of indoor space on the ground floor and 13,328 square feet of indoor space on the second floor, totaling approximately 22,972 square feet including outdoor space; and

WHEREAS, The Premises includes approximately 64 linear feet of outdoor tables and chairs immediately adjacent to the ground floor of the restaurant (the "Plaza Tables"), and approximately 3,595 square feet of terrace space (with a retractable roof) on the second floor (the "Terrace"); and

WHEREAS, The Premises will be operated exclusively as a restaurant, diner/coffee shop, bar, and event space, with a maximum occupancy as contained in its public assembly permit; and

WHEREAS, The Premises will include 2 patron (stand-up) bars (one, in the former FoodParc, name t/b/d, and one, in the former Bar Basque, name t/b/d), and

WHEREAS, The Applicant has agreed that Applicant shall:

1.      Operate 2nd floor, formally Bar Basque, as a restaurant with bar and dining service only, catering to Hotel guests and the general public.  Private parties shall be deemed included in Restaurant Use but regular and recurring promoter-driven events are specifically excluded from Restaurant Use;

2.      Restrict the use of Plaza Tables to persons purchasing food or beverage from formerly FoodParc; the consumption of liquor at Plaza Tables shall be permitted only by table service by employees of the Premises; the consumption of wine and beer at Plaza Tables shall be permitted by table service or by persons purchasing those products inside the Premises; and monitored by security as to ensure no alcohol service beyond the Plaza Tables area, which will be delineated by a white line.

3.      No unenclosed portion of the Terrace and no Plaza Tables shall be used later than 10 P.M., Sunday through Wednesday nights, and Midnight, Thursday through Saturday nights.  Moreover, the retractable roof shall be closed at 10 P.M. Sunday through Wednesday, and Midnight Thursday through Saturday, to accommodate late dining on the Terrace after those hours.  Patrons shall not be permitted on any unenclosed portion of the Terrace after those hours;

4.      Maintain appropriate security personnel in and in front of the Premises at all times to (i) maintain order both inside and outside of the Premises; (ii) encourage patrons to 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 outside the Premises of all patrons immediately after closing.  Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant;

5.      Retain a qualified sound designer to survey the Premises and surrounding buildings to recommend the installation of a sound system and speakers to be used when the Terrace roof is both closed and retracted, and to operating the sound system in compliance with all applicable laws and ordinances governing same; and install an electronic limiter so as not to exceed decibel levels;

6.      At the Applicant's option, to have a live DJ playing music in the interior spaces only;

7.      Prohibit dancing at the Premises at all times, except in connection with private events;

8.      Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

9.      Discourage customers of the Premises from loitering outside the Premises at any time;

10.  Arrange for private garbage pick-up and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

11.  Reasonably comply with and adhere to the plans for the operation of the business, as set forth herein;

12.  Meet with neighbors and CB5, if requested, upon reasonable notice, and shall, so long as same is not abused, and calls to said manager or owner are respectfully made, provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Until such time as approved by CB5 and Department of City Planning, there will be no changes made to the Plaza design, elements including the media screen, and no sound is permitted in the programming of the big screen; and

WHEREAS, Applicant agrees to meet regularly with CB5, if requested to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, A large number of members of the public appeared regarding this application and were satisfied by the conditions and stipulations herein; 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 SIXTH AVENUE RESTAURANT MANAGEMENT LLC for a transfer of an existing on-premises liquor license for the ground floor restaurant (at this time called FOODPARC, future name to be determined) located at 845 Avenue of the Americas, New York, New York, and the second floor restaurant (at this time called BAR BASQUE, future name to be determined) located at 839 Avenue of the Americas, 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 34 in favor; 1 opposed; 1 abstaining.

 

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