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Land Use, Housing & Zoning
5 East 19th Street (between 5th and 6th Avenues), Mona NYC. Inc., application for a new on-premises liquor license
WHEREAS, MONA NYC, INC. ("Applicant"), has notified Community Board Five of its intention to apply for a new on-premises hotel liquor license for a new on-premises liquor license for the lounge operation located at 5 East 19th Street, New York, New York (the "Premises"); and
WHEREAS, The Premises consists of a total of approximately 4,000 square feet on the ground floor, cellar floor and small mezzanine; and
WHEREAS, The Premises is a bar and lounge space with food service from a partial kitchen, with approximately 50 tables, 170 chairs and 20 bar stools; and
WHEREAS, The total maximum capacity of the Premises is 200 people; and
WHEREAS, The Premises includes 2 patron bars and no service bars; and
WHEREAS, The Applicant agreed that the Applicant shall:
- agree to hours of operation no later than 12:00 p.m. to 4:00 a.m. five nights a week, depending on private party bookings; at different times during the year including the film award season and the Tribeca Film Festival, Applicant may exceed five nights a week operation, although this will be the exception;
- not apply for a cabaret license at any time, and prohibit dancing at the Premises at all times;
- agree that private parties shall be deemed included in bar/lounge use but promoter-driven public events are specifically excluded and not permitted;
- agree not to schedule live non-acoustic musical performances at any time;
- at all times when the Premises is being used, maintain no fewer than three (3) security personnel in front of the Premises, with one (1) of these security personnel dedicated to preventing double-parked or idling vehicles and monitoring traffic flow, in order 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 reasonable efforts to clear the area immediately outside the Premises of all patrons as they exit;
- not utilize an exterior “velvet rope” door policy nor allow external queuing for entrance, though Applicant will be permitted to have one rope directly in front of the door;
- 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 i. restrict levels of sound that emanate from the Premises to neighboring businesses 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;
- restrict the volume of amplified sound before 7:00 p.m. on days that the building’s commercial occupants are open for business;
- meet with neighbors and CB5 if requested and provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community; and
- strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and
WHEREAS, Should the 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 and entity), the 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 Noel Ashman 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, The Premises was formerly one of the more problematic venues in our district and the Applicant brings experienced management, an improved method of operation, and an expected improvement to the community of conditions at this space; and
WHEREAS, Members of the public appeared and commented regarding this application and the comments and concerns of the community were taken into consideration in negotiating these conditions and stipulations; and
WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CBS; therefore be it
RESOLVED, Community Board Five recommends denial of the application by MONA NYC, INC. for a new on-premises hotel liquor license for a new on-premises liquor license for the lounge operation located at 5 East 19th Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation.