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State Licenses and Permits

June 2012, Public Safety & Quality of Life Committee

15 Irving Place and 119 East 15th Street, EBFRU LLC, APPLICATION FOR A NEW ON PREMISES LIQUOR LICENSE

WHEREAS, Eric Sherman and Brian Krawitz, on behalf of EBFRU LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for two ground floor restaurants - one located at 15 Irving Place and the other at 119 East 15th Street, New York, New York, (the "Premises");

WHEREAS, The Premises at 15 Irving Place consists of approximately 1000 square feet of space on the ground floor, and approximately 300 square feet of shared basement space to be used only for storage, offices and kitchen prep area; and

WHEREAS, The Premises at 15 Irving Place will be operated exclusively as a restaurant with approximately 15 tables and 30 seats (including banquette seating) for dining and 10 bar stools at the bar; and

WHEREAS, The premises at 15 Irving Place has an occupancy of no more than 74 people; and

WHEREAS, The Premises at 119 East 15th Street consists of approximately 1200 square feet of space on the ground floor, and approximately 300 square feet of basement space to be used only for storage, offices and kitchen prep area which is shared with the Premises at 15 Irving Place; and

WHEREAS, The Premises at 119 east 15th Street will operate exclusively as a bar/tavern with full menu and approximately 21 tables and 64 seats (including banquette seating) for dining and 10 bar stools at the bar; and

WHEREAS, The Premises at 119 East 15th Street has an occupancy of no more than 74 people; and

WHEREAS, The Applicant has agreed that Applicant shall:

1. operate the Premises as two separate operations with seated bar and dining service only. Private parties shall be deemed included in restaurant use but promoter-driven events are specifically excluded from restaurant use;
2. not combine restaurants;
3. close the premises by 2am at close of business Sunday through Thursday nights, and by 4am at close of business Friday and Saturday nights;
4. limit the service of alcohol only to seated patrons both at the tables and at the bar;
5. not participate in "pub crawls" or other rowdy bar specific events;
6. close proposed french doors/windows which open onto public walkways by 10pm every night;
7. not use promoters at any time;
8. not apply for a Cabaret license now or at any time in the future; not apply for a sidewalk cafe at this time;
9. at all times when the Premises is being used after midnight maintain no less than two (2) dedicated security personnel; one (1) in and in front of each of the addresses of the Premises at all times to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best 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;
10. maintain music at a reasonable ambient volume, as is consistent with restaurant usage;
11. have background music only, and in no event shall a DJ, live music or dancing ever be permitted at the Premises;
12. not utilize an exterior "velvet rope" door policy. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;
13. discourage customers from loitering outside the Premises at any time;
14. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;
15. 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;
16. meet with neighbors and CB5 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, Applicant agreed to return to CB5 upon request to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; 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 Eric Sherman or Brian Krawitz 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 testified 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, That Community Board Five recommends denial of the application by EBFRU LLC for a new liquor license for two ground floor restaurants - one located at 15 Irving Place and the other at 119 East 15th 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 36 in favor; 0 opposed; 1 abstaining.