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Public Safety & Quality of Life

PARK STONE VENTURE LTD D/B/A "THE TAVERN", 47 EAST 29TH STREET (BETWEEN MADISON AVENUE AND PARK AVENUE SOUTH), NEW YORK, NEW YORK - APPLICATION FOR A NEW ON-PREMISES LIQUOR LICENSE

WHEREAS, PARK STONE VENTURE LTD ("Applicant") has notified Community Board Five of its intention to apply for a new on premises liquor license for the bar, restaurant, and event space, with outdoor roof deck located at 47 East 29th Street (between Madison Avenue and Park Avenue South), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 5000 square feet of space on the 1st floor, 2nd floor, rooftop and basement (which 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 208 people (patrons and employees); and

WHEREAS, The Premises will be operated predominantly as a bar /restaurant / event space with one patron bar on the first floor with 26 bar stools and 10 tables for dining, one patron bar on the second floor with 8 bar stools and 15 tables for dining, and 15 tables on the rooftop deck, for a total of 164 seats; and

WHEREAS, The Premises is currently operated as "Red Sky", an operation which has been problematic to the community and the current applicant proposes a new method of operation which would be less problematic; and

WHEREAS, The Applicant has agreed that Applicant shall:

a.         operate the Premises as a bar / restaurant / event space with seating and standing areas and    use no promoters except for special occasions such as Halloween and New Year's Eve;

b.         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;

c.         maintain business hours of Premises' indoor operation with a 2:00AM closing time from      Sunday through Tuesday;

d.         maintain business hours of Premises' indoor operation with a 4:00AM closing time from      Wednesday through Saturday;

e.         maintain business operations in strict accordance with the CB5 Rooftop/Rear Yard On-        Premise Liquor License Policy and Procedure which specifically states the Premises' closing             of the rooftop deck completely at 10:00PM Sunday through Thursday, and 11:00PM on Friday and Saturday;

f.          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 29th Street in a peaceful, quiet and respectful manner; ensure that patrons exit the roof at the designated closing time; discourage patrons from congregating outside the Premises; and use best efforts to have 29th 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;

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

h.         have iPod or similarly produced music, and in no event shall live music or dancing ever be permitted at the Premises. A DJ shall be permitted for Private Events or if the Community      Board is notified in advance;

i.          Strictly comply with all recommendations made by ACOUSTILOG Inc. in their proposal      dated December 19, 2011;

j.          not utilize an exterior "velvet rope" door policy and charge no cover; 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;

k.         maintain an outdoor smoking area in front of the Premises, and to the East towards the corner of 29th Street and Park Avenue, 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 29th Street; with smoking area to be monitored by a security presence after 11pm on all nights;

l.          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;

m.        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 and

WHEREAS, All concerns regarding the operation expressed by members of the public were addressed and resolved by the applicant to the satisfaction of the public and the committee; 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 Ronan Downs 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

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal 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, That Community Board Five recommends denial of the application by Park Stone Venture LTD for a new on premises liquor license for the bar, restaurant, and event space with outdoor roof deck, located at 47 East 29th Street (between Madison Avenue and Park Avenue South), 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; 0 opposed; 1 abstaining.

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