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State Licenses and Permits
63 West 38th Street (between Fifth and Sixth Avenues) New York, NY, REFINERY NYC MGMT LLC D/B/A "THE REFINERY HOTEL", APPLICATION FOR A NEW HOTEL LIQUOR LICENSE
WHEREAS, Jacob Aini on behalf of REFINERY NYC MGMT LLC ("Applicant") has notified Community Board Five of its intention to apply for a new hotel liquor license for the hotel located at 63 West 38th Street (between Fifth and Sixth Avenues) New York, New York (the "Premises"); and
WHEREAS, The Premises consists of 197 guest rooms on 12 floors, approximately 1216 square feet of indoor space in the ground floor lobby bar, and 4793 square feet of total space in the rooftop bar and restaurant, including 1000 square feet of uncovered outdoor space and 1000 square feet of "hybrid" indoor/outdoor space covered by a retractable glass roof; and
WHEREAS, The Premises will be operated exclusively as a hotel, bar, and rooftop bar/restaurant, with a maximum occupancy as contained in its public assembly permit; and
WJEREAS, The Premises currently will include 1 patron (stand-up) bar in the lobby area, and 1 patron bar in the rooftop bar/restaurant; and
WHEREAS, The Applicant has agreed that Applicant shall:
1. Operate the lobby bar exclusively as a bar 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. Operate the rooftop exclusively as a bar and restaurant, 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;
3. Close the unenclosed portion of the rooftop bar/restaurant no later than 11 P.M., Sunday through Thursday nights and Midnight, Friday and Saturday nights. Moreover the retractable roof and doors shall be closed at 11PM Sunday through Thursday and Midnight, Friday and Saturday. Patrons shall not be permitted on any unenclosed portion of the Terrace after those hours. Smokers must be directed to street level whenever the roof remains closed;
4. Not install speakers for the sound system in any portion of the unenclosed rooftop space (i .e. outside of the retractable glass walls and roo1);
5. 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;
6. 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;
7. Maintain the building's current parapet wall - represented in drawings to be approximately five (5) feet in height, measured from the floor of the rooftop restaurant - and install sound dampening greenery taller than the parapet, as represented in drawings;
8. Prohibit dancing at the Premises at all times, except in connection with private events;
9. Discourage customers of the Premises from loitering outside the Premises at any time'
10. Arrange for private garbage pick-up and garbage storage 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. Never apply for a cabaret license for the Premises;
13. Meet with neighbors and CB5, if requested, upon reasonable notice, and shall, so long a 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, 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 Jacob Aini 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, Members of the public appeared and commented regarding this application and the comments and concerns of the community were taken into consideration in negotiating these conditions and stipulations; 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 REFINERY NYC MGMT LLC for a new hotel liquor license for the hotel located at 63 West 38th Street (between Fifth and Sixth Avenues) 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 32 in favor; 0 opposed; 1 abstaining.