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State Licenses and Permits

February 2022, Public Safety & Quality of Life Committee

433 Park Avenue South, New York, New York 433 Park Avenue South LLC APPLICATION FOR A NEW ON-PREMISES LIQUOR LICENSE.

At the regularly scheduled monthly Community Board Five meeting on Thursday, February 10, 2022, the following resolution passed with a vote of 38 in favor; 0 opposed; 1 abstaining:

WHEREAS, Ishvan Nagy, the Managing Member of 433 Park Avenue South LLC (the “Applicant”) has notified Community Board Five of his intention to file for a new liquor license for the ground floor restaurant to be located at 433 Park Avenue South, New York, New York (the "Premises"); and 

WHEREAS, The Premises consists of approximately 1600 square feet contained on two floors at the premises (Ground Floor and Basement) and includes one (1) entrance and one (1) exit; and

WHEREAS, The Premises has a total of approximately 17 tables, 50 seats, and 15 bar stools, with a full kitchen and includes one (1) patron bar; and 

WHEREAS, the total capacity of the Premises is 74 and the use and numbers indicated the previous paragraph above fall within the Certificate of Occupancy of the building; and 

WHEREAS, Applicant has agreed that Applicant shall:

1. Be operated as a restaurant offering fine dining services as a pub and sports bar (the “Restaurant”);
2. Operate the Restaurant with the following regular hours of operation not later than:
3. From 11:00 AM until 12:00 midnight on Sundays;
4. From 11:30 AM until 1 AM Monday thru Wednesday:
5. From 11:30 AM until 1:30 AM on Thursday thru Saturdays; and
6. Design and configure its audio system for the Premises to be in compliance with all laws regarding sound and vibrations so that the system will provide consistent background level music; and 
7. The sound system will play streamed music taking such reasonable measures such that it will not be bothersome to the residents of 433 Park Avenue South and the neighboring residential and commercial buildings according to the sound plan discussed with the Community Board and residents; 
8. Not use the basement or any other space outside the lease for any purpose beside placement of garbage; 
9. Under no circumstances use as a cabaret, disco, or nightclub or allow dancing, or private parties;
10. Outside promoters shall not be permitted;
11. Provide effective sound baffling or a reasonable sound controlled environment so that music will not be heard on the street or by surrounding commercial and residential tenants and as agreed to according to 5 b. above; 
12. Not permit queuing and use of “velvet ropes”, and, if necessary, will have a staff person to ensure there are no customers loitering in front of the Premises; however, will not direct individuals not to walk on the block; and
13. Not apply for a sidewalk café permit without prior review by CB5; and
14. Not serve a “bottomless brunch”; and
15. Not offer bottle service, and
16. Use best efforts to maintain cleanliness of sidewalk in front of Premises; and
17. Operate the full kitchen and food preparation in compliance with all local regulations; and
18. Use the proposed Premise and method of operation such that it shall be consistent with the certificate of occupancy and permitted use and zoning category on record with the NYC Department of Buildings; and
19. Meet with neighbors and CB5 on a regular basis if requested and also provide a 24-hour hotline to Istvan Nagy, phone 646-283-0903, and email address nist2772@yahoo.com representing the Applicant, with the authority to immediately address any complaints from the community; and
20. Agree to incorporate all of the restrictions into the Method of Operation included as part of the liquor license application submitted by applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; 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, if required by the NYS Liquor Authority ABCL; and.
22. In the event any of these stipulations including but not limited to, sounding baffling, orderly crowd queuing and hours of operations, do not effectively address concerns or complaints of neighbors or residents, if the complaints are reasonable and founded, then the applicant agrees to come back to the community board to address.

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 of 80% or more), Applicant shall notify CB5 before such transfer is as per the NYS Liquor Authority ABC Law 110-b; and

WHEREAS, Should Ishvan Nagy 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 if the percentage of change is 80% or more as per NYS Liquor Authority ABC Law 110-b; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal 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 433 Park Avenue South LLC for a new on-premises liquor license for a restaurant to be located at 433 Park Avenue South, New York, NY, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.