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Public Safety & Quality of Life

1717 Broadway, 5th Floor, Bkuk 5 Corporation, application for a new on-premises liquor license

WHEREAS, Besim Kukaj, on behalf of BKUK 5 Corporation (the "Applicant"), has notified Community Board Five of his intention to file for a new on-premises liquor license for an Italian American Restaurant and Lounge (the "Restaurant") which he anticipates opening at 1717 Broadway (between 54th and 55th Streets), 5th Floor, New York, NY 10019 (the "Premises"); and

WHEREAS, The Premises will operate as a restaurant and lounge to be approximately 4,700 square feet both indoors and outdoors on the fifth floor; and

WHEREAS, The Restaurant will serve Italian American lunch and dinner fare; and

WHEREAS, Food preparation will occur in a fully-vented kitchen in the back of the Premises; and

WHEREAS, The Restaurant will have a capacity of 187 patrons with seating for 176 patrons comprised of 106 indoors and 70 outdoors; and

WHEREAS, Indoor seating is comprised of 14 bar stools and seating for 92 patrons at 20 tables; and

WHEREAS, Outdoor seating is comprised of 70 seats at 21 tables; and

WHEREAS, The Restaurant will have one (1) bar to be used as a patron and service bar; and

WHEREAS, Applicant has agreed that Applicant shall:

1.      Operate the indoor space at the Restaurant with regular hours of operation daily from 11:00 AM to no later than 4:00AM seven days per week; and

2.      Operate the outdoor space at the Restaurant with regular hours of operation daily from 11:00 AM to no later than 2:00AM seven days per week; and

3.      Permit live music and/or a DJ to be used indoors only. Amplified sound may be used both indoors and outdoors, subject to paragraphs 4, 5, 6; and

4.      Not incorporate live music, a DJ, nor add standalone speakers to the outdoor deck/terrace, nor add any other freestanding amplified sound, and agree to maintain the installed sound system (four speakers) as-is and at a volume conducive to restaurant patrons having conversations (background music), with volume controls strictly controlled by management; and

5.      Limit the background outdoor music to the hours of 11:00 AM to no later than 11:00PM Sunday to Thursday and 11:00AM to no later than 12:00 AM Friday to Saturday; and

6.      Not move, redirect nor replace the existing four outside speakers; and

7.      Provide effective sound baffling or sound controlled environment for the outdoor deck/terrace through landscape or other types of enclosures, wherever possible; and

8.      Keep all outside doors and windows closed (windows shall be of a type that cannot be opened); and

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 at all times; and

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

13.  Not apply for a sidewalk café permit without prior review by CB5; and

14.  Not operate the Premises as a nightclub; and

15.  Not hire outside promoters; and

16.  Not serve a "bottomless brunch"; and

17.  Not offer bottle service; and

18.  Ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner, discourage patrons from loitering outside the Premises, and use best efforts to keep the area outside the Premises clear at all times; 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 also provide a 24-hour hotline to Joe Bellavia (phone (347) 207-1977), representing the Operator, to immediately address any complaints from the community; and

21.  Strictly comply with and adhere to the method of operation described in this affidavit. Applicant shall not make any change to the method of operation without prior review by CB5; 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 Besim Kukaj ever contemplate a transfer of his 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 BKUK 5 Corporation for a new on-premises liquor license for an Italian American Restaurant and Lounge at 1717 Broadway (between 54th and 55th Streets), 5th Floor, New York, NY 10019, 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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