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Public Safety & Quality of Life

230 Fifth Avenue (at 27th Street) 230FA LLC, application for a corporate change to an existing on-premises liquor license

WHEREAS, Michael Scharf and Charles Greenberg, the co-executors of the Estate of Steven A. Greenberg, who was the managing member and holder of a 95% interest in 230FA LLC ("Applicant") has notified Community Board Five of its intention to apply for a corporate change application to replace Steven A. Greenberg with Michael Scharf and Charles Greenberg, as executors of the Estate of Steven A. Greenberg, as the operator of the existing penthouse and rooftop restaurant and bar located at 230 Fifth Avenue (at 27th Street), New York, New York (the "Premises"); and

WHEREAS, The 20th Floor of the Premises includes approximately 12,000 square feet of useable public space which includes 5 stand-up bars, which includes 1 service bar; and

WHEREAS, The 20th Floor will be operated exclusively as a restaurant/bar-lounge and private event space, with approximately 62 tables inside and extensive lounge seating; and

WHEREAS, The rooftop Premises includes approximately 14,000 square feet of useable public space, which includes 2 stand-up bars, which includes 1 service bar; and

WHEREAS, The Rooftop Premises will be operated exclusively as a restaurant/bar-lounge and private event space, with approximately 140 tables outside and extensive lounge seating; and

WHEREAS, The total capacity of the 20th Floor and rooftop Premises is approximately 1,200, 600 on each floor; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.      agree to keep the hours of operation for the Premises as follows: (1) the indoor 20th Floor Premises will be open every day of the week and close no later than 4:00 AM; (2) the rooftop Premises area will have hours of operation every day of the week and close no later than 4:00 AM;

2.      not apply for a cabaret license;

3.      not incorporate live music on the rooftop unless associated with a special private or catered event; with volume controls strictly controlled by management.  Residential buildings in the immediate vicinity will be notified of the date and time of special events for which there will be live music.  There will be no DJ on the rooftop at any time, nor will a live DJ be piped into speakers on the rooftop.  Music on the rooftop will be at ambient levels except for special or private events at which music will be kept at reasonable levels taking into account the permitted occupancy of the rooftop and nature of the event;

4.      not hire outside promoters; with private parties deemed included in rooftop use but promoter-driven public events specifically excluded from rooftop use;

5.      at all times use reasonable efforts to (i) maintain order both inside and immediately outside of the Premises; (ii) to have patrons enter and leave the Premises in a reasonably quiet and respectful manner, and (iii) clear the area outside the Premises of all patrons promptly after closing.  Applicant will have adequate security inside and outside the Premises to maintain the orderliness of patrons;

6.      meet with neighbors and CB5 if requested and provide a hotline to a live manager to address issues or complaints during all hours of operation, and for a period of up to at least one-half hour after closing;

7.      Engage a licensed sound engineer to inspect the Premises and make soundproofing and sound system recommendations to minimize the sound disturbance to neighboring residences with a copy of its recommendations to be provided to the Community Board; and

WHEREAS, Should Applicant ever determine to transfer its interest in the ownership or management of the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), such transferring party shall notify CB5 of such intent; and

WHEREAS, Should Michael Scharf and Charles Greenberg as co-executors ever determine to transfer their interest in Applicant so that they do 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

WHEREAS, Numerous members of the public appeared to comment on this application and were satisfied by the conditions and stipulations herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the application for approval of corporate change submitted by Applicant to the New York State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Michael Scharf and Charles Greenberg, the co-executors of the Estate of Steven A. Greenberg, who was the managing member and holder of a 95% interest in 230FA LLC to apply for a corporate change application to replace Steven A. Greenberg with Michael Scharf and Charles Greenberg, as executors of the Estate of Steven A. Greenberg, as the operator of the existing penthouse and rooftop restaurant and bar located at 230 Fifth Avenue (at 27th 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 34 in favor; 1 opposed; 1 abstaining.

 

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