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Public Safety & Quality of Life

43 West 26th Street (between Sixth Avenue and Broadway) CORNELIUS REILLY, application for a new on-premises liquor license

WHEREAS, CORNELIUS REILLY 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 bar/restaurant located at 43 West 26th Street (between Sixth Avenue and Broadway), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 2600 square feet on a single floor, all of which is available for patron use; and

WHEREAS, The Premise 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 132 with 23 tables, 86 chairs, and 16 bar stools; and

WHEREAS, The Premises includes 1 patron bar; and

WHEREAS, The Applicant has agreed that Applicant shall:

a.       agree to hours of operation from 11am to 2am daily (12pm-2am Sunday)

b.      not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only;

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

d.      not hire outside promoters;

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

f.       at all times use best efforts 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;

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

h.      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 Cornelius Reilly 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 CORNELIUS REILLY on behalf of an entity to be formed for a new on premises liquor license for a bar/restaurant located at 43 West 26th Street (between Sixth Avenue and Broadway), 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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