45 East 28th Street (between Madison Avenue and Park Avenue South) ROSE AND CROWN CAFÉ LTD. D/B/A "THE CHURCHILL," application for an alteration to an on-premise liquor license.
WHEREAS, Michael Traynor on behalf of ROSE AND CROWN CAFÉ LTD. ("Applicant") has notified Community Board Five of its intention to apply for an alteration to an on premises liquor license for the ground floor gastro pub restaurant d/b/a "Churchill" located at 45 East 28th Street (between Madison Avenue and Park Avenue South), New York, New York (the "Premises"); and
WHEREAS, The Premises consists of approximately 1,100 square feet on the ground floor, 800 square feet on the second floor, and an additional 400 square feet of basement space; and
WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 29 tables, 56 seats, and 14 bar stools, with a full kitchen on the first floor and 16 tables and 40 seats on the second floor; and
WHEREAS, The total capacity of the Premises is 118 including staff; and
WHEREAS, The Premises includes 1 patron bar on the first floor and 1 service bar on the second floor; and
WHEREAS, The Applicant has agreed that Applicant shall:
1. agree to keep the establishment exclusively as a restaurant, with hours of operation from 11am to 4am daily;
2. agree to close the French windows to the street by 11pm Sunday-Wednesday and midnight Thursday-Saturday;
3. not apply for a cabaret license or a sidewalk cafe;
4. not hire outside promoters;
5. not incorporate a DJ or live music, EXCEPT FOR THE USE OF AN ACCOUSTICAL PIANO FOR BRUNCH AND HAPPY HOUR, and agree to keep the stereo ambient music conducive to an eating establishment only;
6. agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;
7. 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;
8. not utilize an exterior "velvet rope" door policy nor allow external queuing for entrance;
9. 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 Michael Traynor 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 ROSE AND CROWN CAFÉ LTD. for an alteration to an on premises liquor license for the ground floor gastro pub restaurant d/b/a "Churchill" located at 45 East 28th Street (between Madison Avenue and Park Avenue South),, 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.