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State Licenses and Permits

March 2016, Public Safety & Quality of Life Committee

44 West 29th Street, New York, New York (between Broadway and Sixth Avenue), 44 W 29 LLC (d/b/a Made Hotel), application for a new hotel liquor license.

WHEREAS, Sam Gelin, on behalf of 44 W 29 LLC ("Applicant"), has notified Community Board Five of its intention to file for a new hotel liquor license for a hotel (d/b/a "MADE HOTEL") located at 44 West 29th Street (between Broadway and Sixth Avenue), New York, New York (the "Premises"); and

WHEREAS, The Premises contains approximately 108 guest rooms on 19 floors plus basement level, with approximately 45,000 total square feet of indoor and outdoor space; and

WHEREAS, The Premises features a cellar-floor restaurant ("the Restaurant") of approximately 657 square feet, with one patron bar, 12 barstools, and approximately 3 tables, and 34 chairs; and

WHEREAS, The Restaurant includes an outdoor patio ("the Patio") of approximately 422 square feet, also located on the cellar floor, with 12 tables and 27 chairs; and

WHEREAS, The Premises includes a 2nd floor outside patio with approximately 12 tables, and 38 chairs; and

WEHREAS, The Premises includes a lounge venue ("Lobby") of 1853 square feet, located on the ground floor, with 1 patron bars, 22 bar stools, 20 tables, and 47 chairs (inclusive of board room chairs); and

WEHREAS, The Rooftop also features an indoor & outdoor space ("the Terrace") of 1408 square feet with one bar, with 5 bar stools, 29 tables, and 52 chairs; 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 (meaning no cabaret and dancing) at any time;
  3. Operate the cellar floor Restaurant exclusively for table and bar service only (except for private events), with closing hours of no later than 2am, seven days a week;
  4. Operate the cellar restaurant patio exclusively for table service (except for private events), with closing hours of 2 am after which the Patio will be closed to all patrons and staff;
  5. Provide that the roll cover of the cellar patio is rolled closed at 10pm 7 days a week;
  6. Operate the exterior 2nd floor outside Lounge seven days a week, with closing hours of no later than 10pm seven days a week;
  7. Operate the exterior 2nd floor lounge with no amplified sound at any time;
  8. Operate the 18th floor rooftop exterior, with closing hours of no later than 12:00am 7 days per week; after which the Terrace will be closed to all patrons and staff, except as necessary for patrons to access the 19th floor and for staff to access the mechanical areas;
  9. Operate the 18th floor rooftop interior, with closing hours of no later than 4:00am 7 days per week;
  10. Operate the 18th floor rooftop exterior, as seated only after 10pm in addition to no exterior amplified sound after 10pm 7 days per week; after which the Terrace will be closed to all patrons and staff, except for patron access to 19th floor and staff access to mechanical;
  11. Close the rooftop doors at 10pm 7 days a week;
  12. Disallow patrons from the Patio or Terrace after closing hours and direct smokers to street level during hours when these spaces are closed;
  13. Host private parties 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, as per paragraphs 3, 6, and 8 above;
  14. Allow only background-level music in the Patio and Terrace spaces only during operating hours and never when the spaces are closed to Patrons;
  15. Permit live music in the indoor part of the Premises only but never on the Patio or Terrace spaces at any time;
  16. 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;
  17. Install sound barriers on the ground floor patio in order to reduce the sound from the patrons;
  18. Prohibit dancing at the Premises at all times, except in connection with private events;
  19. Adhere to industry Best Practices in retaining an adequate number of qualified security personnel at all times, bearing in mind that certain times of day, days of the week, and special events will require increased security;
  20. 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;
  21. Not acquire nor ever apply for a cabaret license at any time;
  22. Not apply for a sidewalk café without first coming before CB5 for approval;
  23. Not use outside Promoters for any events public or private;
  24. Not use a velvet-rope admission policy;
  25. 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;
  26. Arrange for private garbage pick-up and store garbage in a manner so as not to cause an unreasonable disturbance or annoyance to neighbors;
  27. Comply with and adhere to the plans for the operation of the business, as set forth herein; and
  28. Meet with neighbors and CB5 on a regular basis if requested and also provide a 24-hour hotline to the Applicant, to immediately address any complaints from the community; and

WHEREAS, Should 44 W 29 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 Gelin ever contemplate a transfer of his interest in 44 W 29 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 44 W 29 LLC for a new hotel liquor license for a hotel (d/b/a "MADE HOTEL") located at 44 West 29th Street (between Broadway and Sixth Avenue), 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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