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Public Safety & Quality of Life

130 East 57 Street, 57th Street Hospitality Group LLC. Application for a new on-premises liquor license

WHEREAS, 57th Street Hospitality Group LLC ("Applicant"), has notified Community Board Five of its intention to apply for a restaurant to be located at the Renaissance Hotel (the "Hotel") at 130 East 57th Street, New York, NY 10022 on the first and second floor (the "Premises"), and which is applying for a new Application for an on-premises liquor license for the Premises (the "Application"); and

WHEREAS, The Premises is a restaurant with 3 bars and has seating capacity not to exceed 325 guests on two floors; and

WHEREAS, This new Application is for certain space on the cellar, first and second floors of the Renaissance Hotel; and

WHEREAS, Pursuant to the Applicant's lease, the Premises are for 11,559 rentable square feet, including 2,230 square feet in the cellar space to be used solely for back of house operations, 2,280 square feet on the ground floor, 6,550 square feet on the second floor and approximately 499 square feet of miscellaneous space; and

WHEREAS, The public space for the contemplated restaurant is entirely on the first and second floors and is presently utilized as a restaurant and hotel lobby, public restroom facilities; the Hotel as of the date hereof is not separately licensed; and

WHEREAS, The Applicants have agreed that the Applicants shall:

1.         Operate the Premises with regular hours of operation daily from 7:00 AM to no later than 4:00 AM; and shall admit the last patron no later than 2:00 AM;

2.         Seating is limited on the second-floor balcony to 6 tables and 12 seated patrons with hours of operation on the second-floor balcony limited to 7 AM to no later than 10 PM;

3.         Limit use of balcony to table service only and not permit dancing, smoking or gathering on the balcony;

4.         Close the second-floor balcony windows when the live DJ or live music is playing; and

5.         Not permit smoking on the balcony at any time; and

6.         Use soundproof drapes or curtains or other sound dampening techniques including speaker placement on; such that music should not be audible from outside of the premises; and

7.         Limit seating capacity of the Premises to a total of 325 seated patrons on the ground and second floor; the second floor will have approximately 202 seats at approximately 51 tables for dining and 26 seats at the bar; the ground floor will have approximately 68 seats at 17 tables for dining, 5 seats in the lounge area and 8 seated patrons at the bar; final seating will be determined once the final plans are filed with the department of building but shall not exceed 325; and

8.         Limit occupancy to not more than 150 patrons on the first floor and not more than 350 patrons on the second floor (these numbers shall be updated when the certificate of occupancy has been issued);

9.         Not utilize the sidewalk outside the Premises for any purpose at any time, including queueing, "velvet rope" or any other use not explicitly authorized; and

10.     Not hire/retain/employ a third-party caterer for the Premises; and

11.     Prohibit dancing at the Premises except as permitted by law or special event permit as described below; and

12.     Not apply for a cabaret license for the Premises at any time without first applying and appearing before CB5; and

13.     Not operate the Premises as a nightclub; and

14.     Not permit the use of outside promoters; and

15.     Not permit strobe lights or bright lights to be visible from outside the premises; and

16.     Not permit bottomless brunch service; and

17.     Ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner, discourage patrons from loitering outside the Premises, and use reasonable best efforts to keep the area outside the Premises clear at all times; and

18.     Discourage the parking of idling cabs, limousines and other vehicles on the street in front of the street entrance of the Premises; and

19.     Use best efforts to maintain cleanliness of sidewalk in front of Premises; and

20.     Meet with neighbors and CB5 on a regular basis if requested and provide a 24-hour hotline to Judy Tepperberg (917-680-0153) or by email judy.tepperberg@taogroup.com which subsequently maybe updated for a TBD full time senior manager or partner whose cell phone number and email will be provided to CB5 and neighbors prior to opening, representing the Operator, to promptly address any complaints from the community; and

21.     Strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and

22.     The Applicant and/or Hotel owner shall be permitted to obtain additional liquor licenses to fulfill room service and minibar service for the hotel as permitted by law; and

WHEREAS, for special or private events ("Events"), the Applicants have agreed that the Applicants shall:

1.         Be permitted to host Events at the Premises ending no later than 4:00 AM; Events are defined as either whole restaurant (or whole second floor) rental or when there is live music; and

2.         Limit the number of whole floor or whole restaurant buy out events to 20 events per year; and

3.         Close the second-floor balcony windows when there is an event; and

4.         Live music and dancing is allowed as permitted by either law or special event permit; 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 Noah Ethan Tepperberg cease to serve as an officer of the Applicant, 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 its application for a new liquor license 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 57th Street Hospitality Group LLC for a liquor license for the restaurant located on the first and second floors at at 130 East 57th Street, New York, NY 10022 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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