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State Licenses and Permits

January 2021, Public Safety & Quality of Life Committee

1141 BROADWAY, NEW YORK, NY, APOTHEKE NOMAD, LLC, APPLICATION FOR A NEW ON-PREMISES LIQUOR LICENSE

At the regularly scheduled monthly Community Board Five meeting on Thursday, January 14, 2021, the following resolution passed with a vote of 37 in favor; 0 opposed; 1 abstaining: 

WHEREAS, Christopher Tierney, on behalf of APOTHEKE NOMAD, LLC (the “Applicant”), has notified Community Board Five of its intention to file for a new on-premises liquor license for a restaurant to be located at 1141 Broadway (between 26th and 27th Streets), New York, New York (the “Premises”); and

WHEREAS, The Premises consists of up to 2,155 square feet of indoor finished space on the basement level and with capacity of 90 persons (the “Cellar Space”); and

WHEREAS, The Premises includes 845 square feet of indoor space on the roof level and with capacity of 41 persons (the “Enclosed Rooftop Space”); and

WHEREAS, The Premises includes 1,206 square feet of unenclosed outdoor space on the roof level with a capacity of 59 persons (the “Unenclosed Rooftop Space”); and

WHEREAS, The Premises will be operated exclusively as an eating and drinking establishment, with a kitchen offering food service prepared on Premises; and

WHEREAS, Certificate of Occupancy is in place, and the capacity of the Premises will not exceed 125 persons, and

WHEREAS, The Premises will include two (2) patron bars and zero (0) service bars; and

WHEREAS, Applicant has agreed that Applicant shall:

1. For the rooftop, have background music only, and in no event shall music at entertainment levels, amplified live music, DJs, or dancing be permitted; and
2. 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 various spaces and to operate the sound system in compliance with the recommendations of the sound designer; provide the sound designer’s report to CB5; and
3. Not allow private parties or promotional events, other than occasional private parties for special events (e.g., private corporate holiday party events); and
4. Restrict the hours of operation to:

1.       No later than 2:00am Sunday to Saturday for the Cellar Space; and
2.     No later than 2:00am Sunday to Saturday for the Enclosed Rooftop Space; and
3.       No later than 10:00pm Sunday to Wednesday, 11:00pm Thursday to Saturday for the Unenclosed Rooftop Space; and
4. Not use outside promoters at any time; and
5. Not utilize an exterior "velvet rope" door policy, nor utilize the sidewalk outside the Premises for any purpose at any time, or any other use not explicitly authorized; and
6. Ensure that garbage, especially food garbage, is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians; and
7. Strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and
8. Not operate the Premises as a nightclub; and
9. Not permit bottomless brunch service; and
10. 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
11. Use commercially reasonable best efforts to discourage the parking of idling cabs, limousines and other vehicles on the street in front of the street entrance of the Premises; and
12. Use commercially reasonable best efforts to maintain cleanliness of sidewalk in front of Premises; and
13. Not permit smoking by anyone at any time; and
14. Not permit strobe or bright lights to be visible from outside the Premises; and
15. Meet with neighbors and CB5 on a regular basis if requested and provide a 24-hour hotline to immediately address any complaints from the community; 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 Christopher Tierney ever contemplate a transfer of his interest in Applicant 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, That Community Board Five recommends denial of the application by APOTHEKE NOMAD, LLC for a new on-premises liquor license for a restaurant to be located at 1141 Broadway (between 26th and 27th Streets), 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.