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State Licenses and Permits
200 West 54th Street, New York, New York, 200 Enterprises Inc., doing business as Roxy Delicatessen, APPLICATION FOR A NEW ON-PREMISES LIQUOR LICENSE.
WHEREAS, 200 ENTERPRISES 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 200 West 54th Street (between Seventh and Eighth Avenues), New York, New York 10019 (the “Premises”); and
WHEREAS, The Premises consist of a ground floor level indoor restaurant facing Seventh Avenue and located between 53rd and 54th Streets; and
WHEREAS, The Premises consist of approximately 2,000 square feet in total with 2 floors, 1 patron bar, 1 entrance and 2 exits, and a total capacity of 150 patrons with 20 tables, 78 chairs and 5 bar stools; and
WHEREAS, The Premises will be operated as a bar and restaurant and has a full kitchen; and
WHEREAS, The Premises will prohibit dancing at the Premises at all times; and
WHEREAS, The Premises will feature streaming music from CDs, tapes and LPs at a background level of volume; and
WHEREAS, Soundproofing has been installed and streaming music will be at a background level; and
WHEREAS, Applicant has agreed that Applicant shall:
- Operate the Premises exclusively as a restaurant and bar and operate no part of the Premises as a nightclub at any time ("Restaurant Use"); and
- Operate the Premises as a bar and restaurant with hours of operation no later than:
Open Close
Sunday 7:00 a.m. 12:00 a.m.
Monday 7:00 a.m. 12:00 a.m.
Tuesday 7:00 a.m. 12:00 a.m.
Wednesday 7:00 a.m. 12:00 a.m.
Thursday 7:00 a.m. 12:00 a.m.
Friday 7:00 a.m. 1:00 a.m.
Saturday 7:00 a.m. 1:00 a.m; and
- Not feature music at a background level of volume after these hours:
Sunday 10:00 p.m.
Monday 10:00 p.m.
Tuesday 10:00 p.m.
Wednesday 10:00 p.m.
Thursday 10:00 p.m.
Friday 11:00 p.m.
Saturday 11:00 p.m; and
- Not incorporate live music, DJs or karaoke on the Premises; and
- Keep any greenhouse doors or windows in the front of the Premises closed at all times; and
- Not use outside promoters at any time; as promoter-driven events are specifically excluded from Restaurant Use; though private parties shall be deemed included in Restaurant Use; and
- Post strong language discouraging patrons from lingering outside to smoke; and
- Discourage Patrons from loitering outside the Premises at any time and discourage vehicular traffic in front of the Premises at all times by prohibiting taxis, black cars; and
- other cars from standing longer than necessary; and
- Strictly comply with the method of operation as stated herein and not change the method of operation of the Premises unless prior approval is granted by Community Board Five in writing, and approval is obtained by the New York State Liquor Authority as required by law; and
- Use a key-locked sound limiter to keep noise at a background level in all spaces; 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 Jacob Benmoha ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Licensee (“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 200 ENTERPRISES INC. for a new on-premises liquor license for the restaurant located at 200 West 54th Street (between Seventh and Eighth Avenues), New York, New York 10019, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.