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State Licenses and Permits

June 2012, Public Safety & Quality of Life Committee

UNION SQUARE PARK - NORTH PAVILION A/K/A 20 UNION SQUARE WEST, CHEF DRIVEN MARKET LLC, APPLICATION FOR A NEW ON PREMISES LIQUOR LICENSE

WHEREAS, Simon Oren, on behalf of Chef Driven Market LLC, ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for a seasonal restaurant located in the Union Square Park Pavilion in the North end of Union Square Park, aka 20 Union Square West, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of 1,600 square feet of open-air space in the Pavilion, 3,575 square feet of back-of-house space below-grade to be used for kitchen, storage and prep area, and 1,180 square feet of adjacent outdoor space in the North Plaza of the Park; and

WHEREAS, The Premises will be operated exclusively as a seasonal restaurant and bar from mid-April to mid-October; with a total of 22 tables and 88 seats in the Pavilion, 22 tables and 78 seats in the adjacent plaza for outdoor patron dining, and one patron bar in the Pavilion with 18 bar stools; and

WHEREAS, Estimated patron usage is approximately 200, plus kitchen and personnel staff; and

WHEREAS, The proposed operation at the Premises will generate a minimum fee of $300,000/year for the City; and

WHEREAS, The Applicant has agreed that Applicant shall:

  1. operate the Premises as a restaurant 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. restrict the use of any outdoor space to table dining service only, with the areas closed no later than midnight seven nights a week;
  3. at all times when the Premises is being used by Applicant, maintain no less than three (3) dedicated security personnel in and in front 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;
  4. at all times when the Premises is being used by Applicant, maintain one (1) general manager and three (3) managers;
  5. engage a sound engineer (Acoustilog Inc., or other engineer reasonably satisfactory to CB5) to inspect the Premises and make structural and sound system recommendations to ensure that

                                                              i.      sound does not emanate from the Pavilion at any time to the neighboring or adjoining Park, playground, Greenmarket or residences;

                                                            ii.      amplified sound is computer-controlled by management with pre-set maximum volume; and

                                                          iii.      volume controls are kept under lock and key and can only be accessed by restaurant management;

 

  1. prohibit live music or a DJ, playing only recorded music in the interior spaces only, with amplified sound in any outdoor space prohibited;
  2. prohibit dancing at the Premises at all times;
  3. 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;
  4. discourage customers from loitering outside the Premises at any time;
  5. prohibit smoking in and around the Premises;
  6. agree not to have happy hour or drink specials;
  7. maintain a visual barrier from children's playground to patrons eating and drinking;
  8. remove all furnishings from Pavilion in the off-season for Parks Department use;
  9. arrange for private garbage pick-up, and store garbage in a manner so as not to cause a disturbance or annoyance to its neighbors;
  10. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;
  11. 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, 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 Simon Oren 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, To provide additional free accommodation to the public, on Greenmarket days, the Union Square Partnership will provide public outdoor seating adjacent to the Premises consisting of 13 tables and 34 seats; and

WHEREAS, To provide additional free accommodation to the public, on non-Greenmarket days the Union Square Partnership will provide public outdoor seating adjacent to the Premises for 16 additional people, totaling 19 tables and 50 seats; 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, The Union Square Partnership appeared and testified that it is strongly 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, Community Board Five recommends denial of the application by Chef Driven Market LLC for a new on premises liquor license for a seasonal restaurant located in the Union Square Park Pavilion in the North end of Union Square Park, aka 20 Union Square West, 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 30 in favor; 5 opposed; 2 abstaining.

 

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