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Parks & Public Spaces

Application from Madison Square Park Conservancy to hold a marketing event to celebrate the 150th Anniversary of Breyers Ice Cream in the West Crush Stone area of Madison Square Park on Wednesday, June 22, 2016

WHEREAS, Madison Square Park Conservancy on behalf of Team P.R.omotion!, LLC (the "Applicant") has submitted an application to hold the 150th Anniversary Celebration of Breyers Ice Cream in the West Crush Stone area of Madison Square Park on Wednesday, June 22, 2016; and

WHEREAS, The event would take place between the hours of 11:00 am and 2:00 pm, with set-up beginning at 6:00 am and breakdown completed by 5:00 pm; and

WHEREAS, A site plan for the event has been submitted by the Applicant, and includes an "Ice Cream Box" structure, a Sundae Bar, Photo booth, Flag Banners, "A-Frame" stands, and a small stage; and

WHEREAS, The event will include free ice cream samples being handed out by brand ambassadors, a live Happy Birthday sing-a-long with a celebrity guest with amplified sound that will not exceed 75x decibels per the NYPD permitting parameters, and continuous family friendly background music and announcements using eight (8x) small compact speakers; and

WHEREAS, The event will encourage people to take "Selfies" in a branded photo booth that will print out 5x7 copies of their pictures as well as upload their images with the hashtag #Breyers150 on social media handles/accounts associated with Breyers and their partners; and

WHEREAS, The event will have ambassadors at the South Crushed Stone Area, Southern Fountain Circle Plaza, and 5th Avenue and 23rd Street promoted the event wearing branded t-shirts handing out pamphlets and printed materials to encourage the public to come to the event; and

WHEREAS, The security plan is to consist of four off duty NYPD officers for the full duration of the event to oversee load-in/out activity as well as maintain crowd control and overall event safety; and

WHEREAS, The Madison Square Park Conversancy has been presented with the plans for the event and has raised no objection, having received assurances that the Applicant will comply with Park regulations as well as all relevant NYC food and sanitary requirements for events of this type, and will have six people monitoring garbage throughout the event and changing garbage bags when full; and

WHEREAS, Applicant may have digital photographs or other similar types of media in the gravel area and will provide a disclaimer, to be placed in signage in "A-Frame" stands within the area of the event staging area, concerning the use of photography and other digital imagery obtained of attendees or pedestrians in the Park by Applicant or its employees or agents in connection with the event; and

WHEREAS, the Community Board has concerns as to the appropriate method of communicating this disclaimer and encourages the Applicant's legal department to review such legal requirements; and

WHEREAS, The Applicant has indicated that it shall obtain all necessary permits from the Department of Buildings for the sizable "Ice Cream Box" structure and other relevant structures prior to the event's commencement; and

WHEREAS, The event would be open to the public and free of charge; therefore be it

RESOLVED, That Community Board Five recommends denial of this event, unless Applicant secures all permits from the Department of Buildings relevant to the Structures to be used in the event as described to CB5 prior to the event and Applicant complies with the applicable laws of the State of New York with respect to the use of digital photographs and other media of attendees obtained by Applicant during the Event.

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