915 Broadway (at 21st Street), ROSCOMMON ENTERPRISES, INC. d/b/a "CRIMSON', application for renewal of a cabaret license in the restricted licensing area.
WHEREAS, Robert Pereira, on behalf of Roscommon Enterprises, Inc., ("Applicant") has notified Community Board Five of its intention to renew an existing cabaret license for the ground floor and mezzanine nightclub/event space doing business as "Crimson", located at 915 Broadway (at 21st Street), New York, New York (the "Premises"); and
WHEREAS, The Premises is in Community Board Five's Restricted Licensing Area; and
WHEREAS, The Applicant and method of operation at the Premises are existing and in good standing in CB5 and are thereby grandfathered under CB5's Policy on the Restricted Licensing Area, and
WHEREAS, The Premises consists of approximately 14,000 square feet of space on the Ground Floor and Mezzanine and that the basement is to be used only for storage and offices; and
WHEREAS, The Premises has a public assembly valid for the entire establishment with a maximum occupancy of 824 people (patrons and employees); and
WHEREAS, The Premises will be operated predominantly as a Nightclub / Event Space with three patron bar(s) and 1 service bar(s) and a total of 42 tables and 36 banquettes for a total of 599 patrons standing and 225 patrons seating, and
WHEREAS, The Applicant has agreed that Applicant shall:
1. operate the Premises as a Nightclub / Event Space with seating and standing areas;
2. 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 door policy and its patrons and (ii) all material positions of operation shall be the employees of the Licensee at all times;
3. maintain business hours of Premises' operation with a 4:00AM closing time from Monday through Sunday;
4. maintain security personnel at all times at a ratio of (1) guard per up to 50 persons to maintain order both inside and outside of the Premises, ensure that patrons enter and leave the Premises and Broadway and 21st Street in a peaceful, quiet and respectful manner; discourage patrons from congregating outside the Premises; and use best efforts to have Broadway and 21st 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. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;
6. 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;
7. maintain an outdoor smoking area in front 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 21st Street and Broadway; with smoking area to be monitored by a security presence after 10PM on all nights;
8. actively clean the exterior surrounding the premise after nights in which the Nightclub is in operation and 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;
9. meet with neighbors and CB5 on a regular basis if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community;
10. encourage idling cabs or stopped cars to continue to move on in an attempt to mitigate traffic during Nightclub operations; and
WHEREAS, Should Licensee 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), Licensee 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 Robert Pereira ever contemplate a transfer of his interest in Licensee so that he does 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, No members of the public objected 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 Roscommon Enterprises, Inc., to renew an existing cabaret license for the ground floor and mezzanine nightclub/event space doing business as "Crimson", located at 915 Broadway (at 21st 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 35 in favor; 0 opposed; 1 abstaining.