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Public Safety & Quality of Life

Ardent Supporter, Llc D/B/A/ "Café 50 West", 50 West 22nd Street (Between Fifth And Sixth Avenues), New York, New York - Application For A New On Premises Liquor License (Via Transfer) In The Restricted Licensing Area

WHEREAS, Howard Brunner, on behalf of Ardent Supporter, LLC ("Applicant"), has notified Community Board Five of its intention to apply for the transfer of an existing on premises liquor license for the restaurant located at 50 West 22nd Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 1,800 square feet on the ground floor and approximately 900 square feet in the basement for storage use; and

WHEREAS, The total capacity of the Premises is 74; and

WHEREAS, The Premises includes 1 patron bar and no service bars; and

WHEREAS, The Premises is an existing operation located within CB5's Restricted Licensing Area, currently operated as an innocuous restaurant with existing hours of operation Mon 11 am - 10 pm, Tue-Sat 11 am - 11 pm, and Sun 11 am - 8 pm; and

WHEREAS, The Applicant seeks to reconfigure the Premises with 22 tables, 54 chairs, and 9 bar stools; and

WHEREAS, The Applicant seeks to change the method of operation at the Premises to rely heavily on a bar/lounge operation with late night hours of operation; and

WHEREAS, The location of the Premises is in an area of extreme conflicting interests between a particularly high-density residential population and a particularly high-density of liquor licensed establishments; and

WHEREAS, The location surrounding the Premises suffers from extreme noise, vehicular and pedestrian congestion, litter, traffic problems, and belligerent crowds, as well as vandalism and incidents of violence, making the area inhabitable for the residential population of the area; and

WHEREAS, For over a decade, CB5 has been attempting to manage the extreme conflict of interest between residents and licensed establishments at this location so that the two may co-exist; and

WHEREAS, CB5 has found that limiting a business's hours of operation is the single most effective restriction in establishing the appropriateness of an operation for this area, and should be the primary restriction asked of an applicant; and

WHEREAS, Despite weeks of discussion, the Applicant has refused to agree to a method of operation with hours of operation appropriate for this location; and

WHEREAS, Despite extensive attempts at negotiation during the Committee hearing, the Applicant remains uncooperative and intransigent regarding its hours of operation; and

WHEREAS, Quality of life at this location directly depends on the appropriateness of the method of operation and operating hours of liquor licensed establishments that must coexist with the dense residential population above, adjacent, and all around these establishments; and

WHEREAS, Because of the Applicant's refusal to tailor its method of operation to be compatible with the particular needs of this location, CB5 finds that granting the transfer of the existing liquor license for the Premises is NOT in the public interest; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the application by Ardent Supporter, LLC for the transfer of an existing on premises liquor license for the restaurant located at 50 West 22nd Street (between Fifth and Sixth Avenues), New York, New York.

The  above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

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