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State Licenses and Permits

March 2021, Public Safety & Quality of Life Committee

1185 BROADWAY, NEW YORK, NEW YORK 10001 RP 1185 LLC D/B/A RITZ CARLTON NEW YORK, NOMAD APPLICATION FOR A NEW ON-PREMISES LIQUOR LICENSE

At the regularly scheduled monthly Community Board Five meeting on Thursday, March 11, 2021, the following resolution passed with a vote of 35 in favor; 0 opposed; 1 abstaining:

WHEREAS, RP 1185 LLC (the “Applicant”), has notified Community Board Five of its intention to file for a new on-premises liquor license for a hotel to be located at 1185 Broadway (between 28th and 29th Streets), New York, New York (the “Premises”); and

WHEREAS, The Premises consists of 40 floors with 3 cellar/sub-cellar spaces, with a total floor area of approximately 150,000 square feet with 250 hotel guest rooms; and

WHEREAS, The Premises will consist of the following licensed spaces:

1. A Penthouse Bar (interior) (the “Penthouse Bar (Interior)”) with a capacity of 93;
2. A Penthouse Bar (exterior) (the “Penthouse Bar (Exterior)”) with a capacity of 28;
3. A third-floor (interior) events space with a capacity of 356;
4. A fifth floor (interior) events space with a capacity of 196;
5. A fifth floor (exterior) events space with a capacity of 192;
6. A restaurant (interior) (“Zatinya”) on the first and second floors with a capacity of 196;
7. A food bazaar space (interior) (“Bazaar”) on the first and second floors with a capacity of 155;
8. A lobby bar (interior) with a capacity of 24; and
9. A Club Level lounge (interior) with a capacity of 48; and

WHEREAS, Applicant has agreed that Applicant shall:

1. require all restaurant management and staff on the Premises to follow these stipulations; and
2. operate the various operations of the Hotel with closing hours no later than as follows:
   
   

   	Weeknights	Weekdays
   a) Penthouse Bar (Interior)	1am	2am
   b) Penthouse Bar (Exterior)	10pm	11pm
   c) Event Space (Level 3 - Interior)	1am	2am
   d) Event Space (Level 5 - Interior)	1am	2am
   e) Event Space (Level 5 - Exterior)	10pm	11pm
   f) Zatinya (Interior)	1am	2am
   g) Bazaar (Level 1 and 2 - Interior)	1am	2am
   h) Lobby Bar (Level 1 - Interior)	1am	2am
   i) Club Lounge (Level 30 - Interior)	1am	2am

Notwithstanding the foregoing, although the Penthouse Bar (Interior) shall close to the public no later than the hours prescribed, the Penthouse Bar (Interior) may remain open until no later than 4am daily for access by hotel guests only, provided that any means of entering the Penthouse Bar (Exterior) shall continue to be locked to all persons no later than 10:00pm on weeknights and 11:00pm on weekends; and

3. permit live music and/or a DJ to be located indoors only; and
4. strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and
5. restrict dancing to private parties and indoors; and
6. not operate any portion of the Premises as a nightclub; and
7. 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
8. not apply for a sidewalk café permit without prior review by CB5; and
9. not serve a “bottomless brunch”; and
10. adhere to industry best practices in retaining an adequate number of qualified security personnel at all times, bearing in mind that certain times of day, days of the week, and special events will require increased security; and
11. conduct traffic studies to determine optimal traffic patterns for loading docks of the Hotel which would reduce street traffic congestion and noise; and
12. 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
13. 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
14. use commercially reasonable best efforts to maintain cleanliness of sidewalk in front of Premises; and
15. not permit smoking by anyone at any time; and
16. not permit strobe or bright lights to be visible from outside the Premises; and
17. meet with neighbors and CB5 on a regular basis if requested and provide a 24- hour hotline to Marcus Pennington at 786-351-5885 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, 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 RP 1185 LLC for a new on-premises liquor license for a hotel to be located at 1185 Broadway (between 28th and 29th 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.