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State Licenses and Permits

June 2012, Public Safety & Quality of Life Committee

247 West 30th Street (between Seventh and Eighth Avenues), New York, New York ANTHONY LUKE LLC D/B/A/ "PARLOUR MIDTOWN", APPLICATION FOR RENEWAL OF AN EXISTING ON PREMISES LIQUOR LICENSE

WHEREAS, In March 2012, Manhattan Community Board Five resolved to deny the application by Vincent Avena, on behalf of Anthony Luke LLC ("Applicant"), for renewal of an on premises liquor license for the restaurant known as "Parlour Midtown" located at 247 West 30th Street (between Seventh and Eighth Avenues), New York, New York (the "Premises"); and

WHEREAS, Since that time, Applicant has corrected its method of operation as well as its attitude towards responsiveness to the needs of the community; and

WHEREAS, CB5 has successfully mediated a compromise between the operator and the community that is in the best interests of both the operator and the neighboring residents; and

WHEREAS, The Premises consists of a basement, first floor, and mezzanine with approximately 6930 square feet of gross square footage; only a part of which is available for patron use; and

WHEREAS, The Premises is a bar and restaurant space with food available for consumption during virtually all operating hours; and

WHEREAS, The total maximum capacity of the Premises is 180 with up to 170 seats at 51 tables; and

WHEREAS, The Premises includes 1 patron bar and 1 service bar; and

WHEREAS, The Applicant has agreed that Applicant shall:

  1. Have a dedicated Manager hotline for our neighbors and CB5 that is listed on our website and that will be carried by the Manager at all times while on duty so we can address any issues within seconds (646- 675-3878);
  2. Require the manager on duty to stay on premises no less than 45 minutes after closing while carrying the manager phone;
  3. Forward to our neighbors and CB5 the personal home number for our Manager, Scott Baird, who lives on 35th street. Scott will respond to any noise issues at any time and be at the Premises within 3 minutes if called;
  4. Not hire any outside promoters whatsoever;
  5. Close at or before midnight on Sunday; Monday and Tuesday and at or before 2 am on Wednesday through Saturday;
  6. Install soundproof glass on the interior of the existing glass windows and doors to eliminate any noise of any kind;
  7. Follow the guidance of CB5 in soundproofing any other areas within the Premises to make sure our neighbors have all the peace and quiet they deserve;
  8. Not now nor ever apply for a sidewalk café permit or cabaret license;
  9. Not now nor ever utilize a velvet rope door policy;
  10. Remove bright TVs from the windows;
  11. Use its best efforts in having the Manager speak directly with either patrons or general members of the public who may be making noise on 30th street in an effort to eliminate any nuisance issue on the street, including reasonable efforts to affect the orderly dispersal of crowds;
  12. Meet with CB5 and/or any neighbors at any time if requested;
  13. Reduce its certificate of occupancy by 44.6% from 325 to 180;
  14. Have a 24hr emergency hotline in addition to the dedicated Manager hotline that will also be posted on our website that is carried by our Manager, 7 days a week, so he can respond to any issue regardless of the time (646-509-7258); 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 Vincent Avena 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 in support of this application; 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 Anthony Luke LLC for renewal of an on premises liquor license for the restaurant known as "Parlour Midtown" located at 247 West 30th 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 36 in favor; 0 opposed; 1 abstaining.

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