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Public Safety & Quality of Life

9 West 26th Street (between Broadway and Sixth Avenue), TOSHI’S PENTHOUSE INC. D/B/A “TOSHI’S PENTHOUSE”, application for renewal of a catering establishment license.

WHEREAS, Jagdish Vaswani and Robert KY Chan, on behalf of TOSHI'S PENTHOUSE INC. ("Applicant") has notified Community Board Five of its intention to apply for an Alteration and Corporate change to the existing Catering Establishment License 1266607 for an event space (d/b/a "Toshi's Penthouse") located on the penthouse level of 9 West 26th Street (between Broadway and Sixth Avenues), New York, NY 10001 (the "Premises"); and

WHEREAS, The event space is located on the top floor of the Flatiron Hotel adjacent to an extensive, finished roof terrace (the "Terrace"), which Terrace is the subject of the present alteration application; and

WHEREAS, Robert KY Chan represents that he currently owns 100% of the entity Toshi's Penthouse Inc., the operator of Toshi's Penthouse; and

WHEREAS, Robert KY Chan and Jagdish Vaswani represent that a Corporate Change Application will be filed with the New York SLA for approval for approval of the change of ownership of Toshi's Penthouse Inc. to 90% ownership by Jagdish Vaswani and 10% ownership by Robert KY Chan; and

WHEREAS, The Premises consists of 1245 SF of enclosed space and 1506 SF of unenclosed space on the top floor of the Flatiron Hotel; and

WHEREAS, Maximum occupancy for the Premises shall be 54 for the enclosed space and 46 for the unenclosed space; and

WHEREAS, The Premises will be operated exclusively as an event space for private parties not open to the general public or hotel guests (unless attending a private event); and

WHEREAS, The Premises currently includes 1 patron (stand-up) bar in the enclosed portion of the space; and

WHEREAS, The Premises will have operating hours of 7AM to no later than 2AM, seven days per week in the enclosed portion of the space and have operating hours, Sunday through Thursday of 7AM to no later than 10PM and Friday and Saturday 7AM to no later than Midnight in the unenclosed portion of the space; and

WHEREAS, The Applicant has agreed that Applicant shall:

  1. Only use the Premises for private parties and events;
  2. Prohibit any smoking in the Premises and direct all patrons to the street level;
  3. Prohibit any access to the unenclosed portion of the space during non-operating hours for any reason;
  4. Require all employees of the hotel execute a document indicating that they are aware of the very specific stipulations regarding the use of the enclosed and unenclosed portions of the Premises and deliver copies of same to CB5;
  5. Retain a qualified sound designer to survey the Premises and surrounding buildings to recommend the installation of a sound system and speakers to be used within the enclosed space with all applicable laws and ordinances governing same; and install an electronic limiter so as not to exceed decibel levels and maintain ambient sound levels;
  6. Prohibit any music at all from being played on the unenclosed portion of the Premises at any time for any reason;
  7. Remove all signage from the sidewalk and all on-line media indicating that the Premises is open to the public;
  8. Apply for a Public Assembly license if NYC DOB allowable occupancy exceeds 74 people (Patrons and Employees);
  9. Remove any and all barbeque grills and cooking facilities if they are not permissible by NYC DOB or FDNY code;
  10. Install window treatments to prevent lights from disturbing any surrounding buildings;
  11. Meet with neighbors and CB5, if requested, upon reasonable notice, and shall, so long as same is not abused, and calls to said manager or owner are respectfully made, provide a 24-hour hotline (917-432-8810) to a live manager or owner to immediately address any complaints from the community;
  12. Not seek an On-Premise license unless notification to CB5 is made; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Penthouse ("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 Jagdish Vaswani or Robert KY Chan, ever contemplate a transfer of his interest in Ownership such that they do not have a controlling management interest in the ownership 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), notice shall be given to CB5 of such intent and any potential 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 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 TOSHI'S PENTHOUSE INC. for an Alteration to the existing Catering Establishment License 1266607 for an event space (d/b/a "Toshi's Penthouse") located on the penthouse level of 9 West 26th Street (between Broadway and Sixth Avenues), New York, NY 10001, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application; and be it further

RESOLVED, Community Board Five recommends denial of the application by TOSHI'S PENTHOUSE INC. for a corporate change to the existing Catering Establishment License 1266607 for an event space (d/b/a "Toshi's Penthouse") located on the penthouse level of 9 West 26th Street (between Broadway and Sixth Avenues), New York, NY 10001, 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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