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State Licenses and Permits

November 2015, Public Safety & Quality of Life Committee

210 West 55th Street (between Broadway and Seventh Avenue), BROADWAY REGENCY RESTAURANT LLC D/B/A “PHD TERRACE”, application for an alteration to an existing liquor license.

WHEREAS, VIVEK CHATWAL on behalf of BROADWAY REGENCY RESTAURANT LLC has notified Community Board 5 of its intention to apply for an alteration to its existing on-premises liquor license for the roof top bar (known as PHD Terrace) at the Dream Hotel located at 210 West 55^th Street, New York, New York (the "Premises"); and

WHEREAS, The Premises was licensed and operated by a previous operator as Ava Lounge for many years without incident; and

WHEREAS, The Premises includes a completely enclosed 15^th Floor lounge and an unenclosed 16^th Floor rooftop; and

WHEREAS, The 15^th Floor lounge of the Premises consists of approximately 1,400 square feet, most of which is available for patron use; and

WHEREAS, The total capacity of the 15^th Floor Premises is 116 with 5 tables and 45 banquette seats and 0 barstools; and

WHEREAS, There is 1 existing patron bar on the 15^th Floor and no service bars on the 15^th Floor of the Premises; and

WHEREAS, The 16^th Floor rooftop of the Premises consists of approximately 1,400 square feet, most of which is available for patron use; and

WHEREAS, The total capacity of the 16^th Floor rooftop is 116 with 16 tables, 57 banquette seats and 6 barstools; and

WHEREAS, The subject application seeks to add 1 patron bar on the 16^th Floor and no service bars on the 16^th Floor of the Premises; and

WHEREAS, The Applicant has agreed that Applicant shall:

1. keep the hours of operation for the Premises as follows: the 15^th Floor of the Premises will be open every day of the week and close no later than 4am; the 16^th Floor rooftop lounge will be open every day of the week and close no later than 4am;
2. be responsible for and in complete control of the premises as all times;
3. inform the residential building immediately across Broadway, in a timely manner, when a special event or party will be hosted on the rooftop premises;
4. continue to work with a sound engineer to maintain the space as to minimize impact of sound (including voices) on neighboring residential buildings including but not limited to sound attenuating exterior materials on the outdoor 16^th Floor; and
5. on the 16^th Floor, not incorporate a DJ or amplified live music, and agree to keep the stereo ambient music with a sound limiter, certified by a sound engineer;
6. have no subwoofers on the 16^th Floor rooftop;
7. on the 16^th Floor rooftop, ensure no additional speakers are brought in for special events;
8. not apply for a cabaret license;
9. not hire outside promoters who hold bad reputations within the nightlife community;
10. turn off all speakers on the outdoor 16^th Floor no later than 2am every night of the week;
11. meet with neighbors and CB5 if requested and shall continue to provide a hotline to a liver 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 VIVEK CHATWAL 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 or 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 the 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 BROADWAY REGENCY RESTAURANT LLC for an alteration to its existing on-premises liquor license for the roof top bar (known as PHD Terrace) at the Dream Hotel located at 210 West 55^th Street, 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.