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State Licenses and Permits

July 2022, State Licenses and Permits Committee

839-851 6th Avenue, New York, New York, Sixth Avenue Restaurant Management LLC, APPLICATION FOR A RENEWAL ON-PREMISES LIQUOR LICENSE.

At the regularly scheduled monthly Community Board Five meeting on Thursday, July 14, 2022, the following resolution passed with a vote of 33 in favor; 0 opposed; 1 abstaining:

WHEREAS, SIXTH AVENUE RESTAURANT MANAGEMENT LLC (the “Applicant”), has notified Community Board Five of its intention to file an application for renewal of an existing on-premises liquor license for the restaurants doing business as The Vine, L’Amico, and Second, located in the Eventi Hotel at 839-851 6th Avenue (between 29th and 30th Streets), New York, New York, 10001 (the “Premises”); and

WHEREAS, The following encompasses all usable and publicly accessible space on the Premises currently: 

  1. L’Amico - located on SW corner of 30th and 6th Ave. includes:
  2. Full Bar, no service bar;
  3. Kitchen located inside of the dining room;

iii. L'Amico Floor: 90 seats;

  1. L'Amico Outdoors: 55 seats;
  2. L'Amico Bar: 8 seats; and
  3. The VINE - located behind the lobby of the hotel at 851 6th Ave. includes:
  4. Full bar and service bar;
  5. Kitchen located on second floor;

iii. Vine Floor: 54 seats;

  1. Vine Bar Area: 28 seats (including 10 at bar);
  2. Hidden Bar Area: 30 seats, none at service bar; and
  3. SECOND - located on second floor of hotel, entrance at 849 6th Ave. includes:
  4. Full bar;
  5. Event Space, no restaurant service;

iii. Commissary kitchen located on second floor;

  1. Capacity and setups vary based on event needs; current occupancy: 595; and

WHEREAS, The Vine includes previously licensed outdoor seating (the “Plaza Seating”) with 28 seats located in the privately owned public space (“POPS”) immediately outside of the main restaurant seating area; and

WHEREAS, There are numerous issues with respect to Applicant’s use and operation of the Plaza Seating in the POPS, to wit:

  1. Loud and unruly activations in the POPS; and
  2. Illegal and improper monetization of the POPS; and
  3. Negligence in the maintenance of the POPS; and
  4. Failure to maintain the safety and security of the POPS from crime and drug use;
  5. Failure to maintain lighting within the POPS; and 
  6. Installation of furniture not in compliance; and
  7. Having the footprint of Plaza Seating in excess of that permitted and repeated failure to cure such violations issued by the Department of Buildings; and
  8. Failure by the owner of the Premises to file Periodic Compliance Reports to the Department of City Planning and CB5 as required by Zoning Resolution (ZR 37-78b); and

WHEREAS, As there are these outstanding issues regarding operation of the POPS, this resolution does not support renewal of the on-premises liquor license as it pertains to the Plaza Seating; and 

WHEREAS, If the SLA does not immediately suspend that portion of the existing on-premises liquor license that applies to the Plaza Seating, the sections of the 2012 affidavit by Applicant to CB5 referencing this area shall remain in effect as Licensee makes good faith efforts to resolve these issues; and

WHEREAS, Applicant has agreed that Applicant shall:

  1. Require all restaurant management and staff on the Premises to follow these stipulations; and
  2. Honor and respect all stipulations included in the previous Affidavit executed with CB5 during the initial liquor license application for the Premises; and 
  3. Adhere to and implement the recommendations of the Acoustilog Inc. report dated June 22, 2022, regarding noise issues at the Premises which is incorporated as EXHIBIT 1 into this Affidavit; and 
  4. Operate the various operations of L’AMICO and the indoor portions of VINE and SECOND with closing hours as follows: Closing hours no later than 12am on Sundays through Wednesdays, and 2am on Thursdays through Saturdays; and 
  5. Close the  Roll-A- Cover over SECOND no later than 10pm on Sundays through Wednesdays, and 12am on Thursdays through Saturdays; and 
  6. Arrange for private garbage pick-up for Applicant’s garbage, which will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors; and
  7. At the Applicant’s option, have a live DJ playing music in the interior spaces only; and
  8. Prohibit dancing at the Premises at all times, except in connection with private events; and
  9. Use reasonable efforts to have patrons enter and leave the Premises in a peaceful, quiet, and respectful manner, discourage patrons from loitering outside the Premises, and use reasonable efforts to keep the area outside the Premises clear at all times; and 
  10. Use commercially reasonable best efforts to maintain cleanliness of sidewalk in front of Premises; and 
  11. Not permit smoking by anyone at any time inside the Premises; and 
  12. Meet with neighbors and CB5 on a regular basis, if requested, and also provide a 24-hour hotline and email account, representing Applicant, to be monitored by appropriate on-site management for the purpose of immediately addressing any complaints from the community; and
  13. 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 notification to and prior review by CB5; 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

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 SIXTH AVENUE RESTAURANT MANAGEMENT LLC for renewal of an existing on-premises liquor license for the restaurants doing business as The Vine, L’Amico, and Second, located in the Eventi Hotel at 839-851 6th Avenue (between 29th and 30th Streets), New York, New York, 10001, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application; and be it further 

RESOLVED, That Community Board Five recommends suspension of that portion of the existing on-premises liquor license that applies to the Plaza Seating.

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