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Public Safety & Quality of Life

july_2012_resolutions

WHEREAS, Richard Addison on behalf of ROOFTOP LOUNGE LLC  ("Applicant") has notified Community Board Five of its intention to apply for renewal of an on-premises liquor license for the roof top bar (known as Ava Lounge) at The Dream Hotel located at 210 West 55th Street (between Seventh and Eighth Avenues) New York, New York (the "Premises"); and

WHEREAS, The 14th Floor lounge and patron bar Premises consists of approximately 1,400 square feet, most of which is available for patron use; and

WHEREAS, The total capacity of the 14th Floor lounge and patron bar Premises is 126 with 12 tables, with 45 chairs and 6 barstools; and

WHEREAS, The 15th Floor rooftop lounge includes 1 patron bar, of approximately 1,400 square feet, most of which is available for patron use; and

WHEREAS, The total capacity of the rooftop Premises is 116, with 16 tables, 57 chairs and no barstools; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.                  keep the hours of operation for the premises as follows: the 14th floor Premises will be open every day of the week and close no later than 4 AM; the 15th floor rooftop lounge will be open every day of the week and close no later than 4 AM;

2.                  be responsible for and in complete control of the premises at all times;

3.                  inform the residential building immediately across the street, in a timely manner, when a special event or party will be hosted on the rooftop premises;

4.                  continue to work with a sound engineer to design the space as to minimize impact of sound (including voices) on neighboring residential buildings including but not limited to sound attenuating exterior materials on the outdoor 15th floor; and

5.                  on the 15th floor outdoor not incorporate a DJ or amplified live music, and agree to keep the stereo ambient music with a sound limiter, certified by a sound engineer;

6.                  have no subwoofers on the roof;

7.                  on the 15th floor outdoor ensure no additional speakers are brought in for special events;

8.                  not apply for a cabaret license;

9.                  not hire outside promoters who hold bad reputation within the nightlife community;

10.              meet with neighbors and CB5 if requested and shall continue to provide a hotline to a live manager or owner during all hours of operation 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 Richard Addison 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 ROOFTOP LOUNGE LLC for renewal of an on-premises liquor license for the roof top bar (known as Ava Lounge) at The Dream Hotel located at 210 West 55th Street (between Seventh and Eighth 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.

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