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State Licenses and Permits

April 2022, Public Safety & Quality of Life Committee

11 West 17th St., New York, New York, Bar 17 Inc. APPLICATION FOR A NEW ON-PREMISES LIQUOR LICENSE.

At the regularly scheduled monthly Community Board Five meeting on Thursday, April 14, 2022, the following resolution passed with a vote of 30 in favor; 0 opposed; 1 abstaining:

WHEREAS, BAR 17 INC. (the “Applicant”), has notified Community Board Five of its intention to file an application for a new on-premises liquor license for the restaurant located at 11 West 17th Street (between Fifth and Sixth Avenues), New York, New York 10011 (the “Premises”); and

WHEREAS, The Premises consists of approximately 2,000 square feet of indoor finished space on the ground floor and basement levels, and with capacity of up to 97 persons; 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, The Premises will include one (1) patron bar and zero (0) service bars; and

WHEREAS, Applicant has agreed that Applicant shall:

1. have indoor background music only, and in no event shall music at entertainment levels, amplified live music, or DJs be permitted; and
2. not allow private parties or promotional events, other than occasional private parties for special events (e.g., private corporate holiday party events); and 
3. restrict the hours of operation to no later than 1:00 am Sunday through Wednesday, and 2:00 am Thursday through Saturday (“Closing Hours”); and
4. ensure all patrons vacate the premises by the Closing Hours above; and
5. not use outside promoters at any time; and 
6. not utilize an exterior "velvet rope" door policy, nor utilize the sidewalk outside the Premises for any purpose, such as queuing. at any time, or any other use not explicitly authorized; and 
7. ensure that garbage, especially food garbage, is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians; and 
8. strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and 
9. not operate the Premises as a nightclub; and 
10. not permit bottomless brunch service; and 
11. 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 
12. 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 
13. use commercially reasonable best efforts to maintain cleanliness of sidewalk in front of Premises; and 
14. not permit smoking by anyone at any time; and 
15. not permit strobe or bright lights to be visible from outside the Premises; and 
16. close any French doors or other operable doors/windows before 10am and after 10pm every day of the week; and
17. meet with neighbors and CB5 on a regular basis if requested and provide a 24-hour hotline to Tamer Mahmoud at 347-262-3033 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 Tamer Mahmoud 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 BAR 17 INC. for a new on-premises liquor license for the restaurant located at 11 West 17th Street (between Fifth and Sixth Avenues), New York, New York 10011, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.