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Public Safety & Quality of Life

16 West 36th Street (between Fifth and Sixth Avenues) DAVID CASEY d/b/a "VICTORY LANE", application for a new on-premises liquor license

WHEREAS, DAVID CASEY on behalf of an entity to be formed ("Applicant") has notified Community Board Five of its intention to apply for a new on premises liquor license for a restaurant located at 16 West 36th Street (between Fifth and Sixth Avenues) New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 5,000 square feet on the ground floor of useable public space; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 33 tables, 165 seats, and 24 bar stools, with a full kitchen; and

WHEREAS, The total capacity of the Premises is 268, exclusive of staff; and

WHEREAS, The Premises includes 1 patron bar; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.      agree to keep the establishment exclusively as a restaurant, with hours of operation Monday through Sunday 11AM to 4AM and will have lunch service 7 days a week;

2.      not apply for a cabaret license or a sidewalk cafe;

3.      close the French doors in the front of the restaurant by no later than 10PM nightly;

4.      not hire outside promoters;

5.      agree to keep the sound system ambient music conducive to an eating establishment only, even if using a live DJ;

6.      agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

7.      apply for an amended Certificate of Occupancy and a Public Assembly for the contemplated use of the property with the occupancy levels stated in this affidavit

8.      at all times use best efforts to (i) maintain order both inside and outside of the Premises with the hired security of 1 guard per 75 patrons; (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;

9.      not utilize an exterior "velvet rope" door policy nor allow external queuing for entrance

10.  meet with neighbors and CB5 if requested and shall 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 David Casey 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, No members of the public appeared to object to 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 DAVID CASEY on behalf of an entity to be formed for a new on premises liquor license for a restaurant located at 16 West 36th 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 34 in favor; 1 opposed; 1 abstaining.

 

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