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State Licenses and Permits

July 2017, Public Safety & Quality of Life Committee

7 East 27th Street, New York, New York, Leonelli Restaurants, LLC D/B/A “Benno and Leonelli”, application for a new on-premises liquor license

WHEREAS, Antonio Begonja on behalf of Leonelli Restaurants LLC d/b/a "Benno and Leonelli" (the "Applicant"), has notified Community Board Five of its intention to file for a new on-premises liquor license for Benno and Leonelli, two restaurants and bars located at 7 East 27th Street (between Fifth and Madison Avenues) New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 10,214 of gross usable square feet located on a ground floor, basement floor and mezzanine level of which, 4,500 square feet will be reserved for patrons, and

WHEREAS, The Premises will be operated exclusively as two distinct restaurant and bar spaces, respectively doing business as Leonelli and Benno; and

WHEREAS, In total the Premises will contain 47 tables with 158 chairs, two service bars, and two patrons bars with 29 bar stools and

WHEREAS, Benno will operate as a fine-dining establishment consisting of one dining space with 24 tables and 90 chairs, one service bar and one patron bar with 10 bar stools; and

WHEREAS, Leonelli will operate as a casual fine-dining establishment consisting of one dining area with approximately 23 tables and 68 chairs, one service bar and one patron bar with 19 bar stools; and

WHEREAS, The Premises will include a private dining area with an intended capacity of 30 people; and

WHEREAS, The Premises will include a seating area for 50 people in the hotel lobby area as an area for guests to consume alcohol; and

WHEREAS, The maximum total occupancy of the Premises is 250 people; and

WHEREAS, The Premises includes a full service kitchen located in both the first floor and cellar level; and

WHEREAS, Applicant has agreed that Applicant shall:

1. Agree to keep the establishment exclusively as a restaurant and bar, with the following specific hours of operation;
   1. Benno Restaurant and Bar- 6am to not later than 1am 7 days per week
   2. Leonelli Restaurant and Bar- 6am to not later than 2am 7 days per week
2. Not Apply for a Cabaret License.
3. Not apply for a sidewalk café
4. Not hire outside promoters
5. Utilize Live Music on for Private lunch and Private dinner events
6. Not incorporate a DJ, and agree to keep all music at an ambient level as is conducive to an eating establishment only
7. Agree that all private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use.
8. Agree that the cellar space shall only be used for back-of-the-house activities and shall not be open for patron use.
9. At all times use best efforts to (i) maintain order both inside and outside of the Premises (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner, (iii) discourage patrons from congregating outside the Premises (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing.
10. Not utilize an exterior "velvet rope" door policy nor allow external queuing.
11. Meet with neighbors and CB5 if requested; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the restaurant 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 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 Antonio Begonja ever contemplate a transfer of his responsibilities or employment with Leonelli Restaurants LLC, notice shall be given to CB5 before such decision 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 Leonelli Restaurants LLC d/b/a "Benno and Leonelli" for a new on-premises liquor license for Benno and Leonelli, two restaurants and bars located at 7 East 27th Street (between Fifth and Madison Avenues) 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.