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Public Safety & Quality of Life

27 East 20th Street, Super Duper Wine Inc., Application for a new on-premises liquor license

WHEREAS, Caleb Ganzer and Eric Bolyard on behalf of Super Duper Natural Wine, Inc. (the "Applicant"), has notified Community Board Five of its intention to file for a new on-premises liquor license for an upscale wine bar and lounge located at 27 East 20th Street (between Broadway and Park Avenue South), New York, New York 10003  (the "Premises"); and

WHEREAS, The restaurant and bar on the Premises consists of approximately 3,000 square feet apportioned between a main ground floor, mezzanines, and a basement as follows:

1.      approximately 1,500 square feet on the main ground floor (Dining, Bars, Service, Seating and the mezzanines (Kitchen, Bathrooms, Storage);

2.      and approximately 1,500 square feet in the basement (Food and Wine Storage, Mechanical, Boilers etc.); and

WHEREAS, The Premises will be operated exclusively as a restaurant with a total of 12 tables, 46 chairs and 14 bar stools, and containing one patron bar and one service station with estimated seating in the dining area of 24 in the Bar section and 36 in the dining section with a maximum capacity overall of 74 persons; and

WHEREAS, There is no outdoor area or sidewalk café seating as part of this application; and

WHEREAS, Applicant has agreed that Applicant shall:

1.      Operate the Premises and strictly adhere to the Method of Operation described in Paragraph 5 of this document and Affidavit;

2.      Operate no part of the Premises as a nightclub at any time ("Upscale wine bar and lounge");

3.      Agree that licensed space on Premises to be limited to the public dining and bar area on the ground floor and mezzanines as herein described, with all other spaces at Premises not licensed;

4.      Prohibit dancing at the Premises at all times;

5.      Close the Premises per CB5's RLA Guidelines which provides for last seating by 12 midnight Sunday –Wednesday and by 1 AM Thursday- Saturday;

6.      Not incorporate a DJ or live music, or karaoke, and agree to keep the stereo ambient-level background music conducive to an upscale wine bar and lounge establishment only; and agree to improve soundproofing at Premises in the case of noise disturbance to neighboring residents;

7.      Not apply for a cabaret license without prior review by CB5;

8.      Not apply for a sidewalk café without prior review by CB5;

9.      Keep any French doors or windows in the front of the Premises closed at all times;

10.  If needed, work to ensure that the ventilation system of the Premises does not create any problems or issues with odor;

11.  Not use outside promoters at any time; as promoter-driven events are specifically excluded from Restaurant Use; though private parties shall be deemed included in Restaurant Use;

12.  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;

13.  Arrange for private garbage pick-up and store garbage in a manner so as not to cause a disturbance or annoyance to neighbors;

14.  Strictly adhere to the method of operation as stated herein and not change the method of operation of the Premises without prior review by Community Board 5, and approval is obtained by the New York State Liquor Authority as required by law; and

15.  Meet with neighbors and CB5 on a regular basis, if requested, and also provide a 24-hour hotline to (815) 450-1977, representing the Applicant, to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the upscale wine bar and lounge 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 Principals Caleb Ganzer and Eric Bolyard ever contemplate a transfer of their interest in Applicant such that Principals do 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 Super Duper Natural Wine, Inc. for a new on-premises liquor license for an upscale wine bar and lounge located at 27 East 20th Street (between Broadway and Park Avenue South), New York, New York 10003, 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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