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Public Safety & Quality of Life

444 Park Avenue South, New York, New York (Between 30th and 31st Streets), 444 Park Avenue South Associates, LLC and SBE Hotel Management, LLC (d/b/a The SLS Park Avenue), application for a new hotel liquor.

WHEREAS, Sam Nazarian, on behalf of 444 Park Avenue South Associates, LLC and SBE Hotel Management, LLC ("Applicant"), has notified Community Board Five of its intention to file for a new hotel liquor license for the hotel (d/b/a The SLS Park Avenue) to be located at 444 Park Avenue South (between 30th and 31st Streets), New York, New York (the "Premises"); and

WHEREAS, The Premises includes 19 floors for hotel rooms with mini-bars, a restaurant with a full kitchen and outdoor patio, three bars, a cellar bar lounge, and a terrace lounge on the 14th floor; and

WHEREAS, The Premises includes 190 guest rooms on 19 floors, with approximately 110,000 total square feet of indoor and outdoor space; and

WHEREAS, The Premises features a ground-floor restaurant (the "Restaurant") of 3,000 square feet, with one patron bar, 7 barstools, 40 tables, and 128 chairs, with a maximum legal occupancy of 180; and

WHEREAS, The Restaurant includes an outdoor patio located on the ground floor of approximately 740 square feet (the "Patio"), with 8 tables and 28 chairs; and

WHEREAS, The Premises includes a cellar lounge (the "Cellar"), with one patron bar, 0 barstools, 12 tables, and 56 chairs, with a maximum legal occupancy of 103; and

WHEREAS, The Premises includes a lounge venue located on the 14th floor (the "Upstairs Lounge") of 1760 square feet, with 1 patron bar, 1 service bar, 0 bar stools, 7 tables, and 58 chairs (inclusive of board room chairs), with a maximum legal occupancy of 105; and

WHEREAS, The Upstairs Lounge also features an outdoor space (the "Terrace") of 1,800 square feet, with 0 bar stools, 20 tables, and 82 chairs, with a maximum legal occupancy of 103; and

WHEREAS, Applicant has agreed that Applicant shall:

  1. Operate the Premises exclusively as a Hotel, with minibars in the guest rooms and room service provided by the Restaurant, with the following stipulations governing the various other spaces in the Premises, as listed below;
  2. Operate no part of the Premises as a nightclub at any time;
  3. Operate the ground floor Restaurant exclusively for table service only, with closing hours of no later than 2am, seven days a week;
  4. Operate the Side Patio exclusively for table service, with closing hours of no later than midnight Sunday through Thursday and no later than 1am Friday and Saturday, after which the Patio will be closed to all patrons;
  5. Operate the Cellar as a lounge with closing hours of no later than 4am seven days a week;
  6. Operate the interior portion of the 14th floor Upstairs Lounge seven days a week, with closing hours of no later than 2am seven days a week;
  7. Operate the 14th floor Terrace, with closing hours of no later than 11:00pm Sunday through Thursday and no later than 12:00am Friday and Saturday, after which the Terrace will be closed to all patrons;
  8. Operate the 14th floor lounge and Terrace exclusively for Reservations and Hotel Guests;
  9. Pursuant to Sound engineer report and subject to prior D.O.B. approval install a 9 foot wall on the west side of the 14th floor Terrace;
  10. Disallow patrons from the Patio or Terrace after closing hours and direct smokers to street level during hours when these spaces are closed;
  11. Host private parties and/or special events in any of the spaces of the Hotel, with closing hours of no later than 4am seven days a week, except for the Terrace and Patio spaces, which must always be closed at no later than 11:00pm or 12:00am;
  12. Allow only background-level music in the Patio and Terrace spaces only during operating hours and never when the spaces are closed to Patrons;
  13. Not incorporate live music in any part of the Premises, except for the ground floor restaurant, and for private events but never on the Patio or Terrace spaces at any time;
  14. Retain a qualified sound designer to survey the Premises and surrounding buildings to recommend the installation of a sound and speaker system as well as any soundproofing for the Patio and Terrace spaces and to operate the sound system in compliance with the recommendations of the sound designer; provide the sound designer's report to CB5; install an electronic limiter that will prevent outdoor speakers from being operated at above-recommended levels; and allow access to this limiter only to management and never to staff or outside DJs;
  15. If possible, install sound barriers or sound mitigation measures on the ground floor Patio in order to reduce the sound from the patrons;
  16. Prohibit dancing at the Premises at all times, except in connection with private events;
  17. Adhere to industry Best Practices in retaining an adequate number of qualified security personnel, bearing in mind that certain times of day, days of the week, and special events will require increased security;
  18. Utilize one or more security personnel to maintain the orderliness of patrons when exterior queuing is required for purposes of maintaining legal capacity for private events;
  19. Not acquire nor ever apply for a cabaret license at any time;
  20. Not apply for a sidewalk café without first coming before CB5 for approval;
  21. Not use outside promoters for any events public or private;
  22. Not use a velvet-rope admission policy;
  23. Discourage Patrons from loitering outside the Premises at any time and discourage vehicular traffic in front of the Premises at all times by prohibiting taxis, black cars, and other cars from standing longer than necessary;
  24. Arrange for private garbage pick-up and store garbage in a manner so as not to cause a disturbance or annoyance to neighbors;
  25. Comply with and adhere to the plans for the operation of the business, as set forth herein; and
  26. Meet with neighbors and CB5 on a regular basis if requested and also provide a 24-hour hotline to 646-893-0110 representing the Applicant, to immediately address any complaints from the community; and

WHEREAS, Should 444 Park Avenue South Associates, LLC and SBE Hotel Management, LLC ever contemplate a transfer of its interest in the Hotel ownership or management ("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 shall require any potential transferee to agree to the conditions and stipulations contained herein; and 

WHEREAS, Should Sam Nazarian ever contemplate a transfer of his interest in 444 Park Avenue South Associates, LLC and SBE Hotel Management, LLC 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, 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 alteration 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, Community Board Five recommends denial of the application by 444 Park Avenue South Associates, LLC and SBE Hotel Management, LLC for a new hotel liquor license for the hotel (d/b/a The SLS Park Avenue), located at 444 Park Avenue South (between 30th and 31st Streets), 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.

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