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Parks & Public Spaces
Bryant Park at 42 West 42nd Street, New York, NY 10018, STOUT MARKETS INC. Application for a new seasonal wine and beer license
WHEREAS, STOUT MARKETS INC. and BRYANT PARK CORPORATION (collectively, the “Applicant”), has notified Community Board Five of its intention to file an application for a new seasonal wine and beer license for a limited-service bar (the “Bar”) in Bryant Park, located at 42 West 42nd Street (between Fifth and Sixth Avenues), New York, New York 10018 (the “Premises”); and
WHEREAS, Applicant plans to sell wine and beer during approximately 26 picnic performances and 10 movie nights (“the “Events”) within a restricted and specially designated consumption area (the “Sale and Consumption Area”) designated on the attached map (the “Event Map”) on the lawn of Bryant Park (the “Lawn”); and
WHEREAS, The Sale and Consumption Area shall have two monitored entrances/exits and contain approximately 20 tables and 80 chairs; and; and
WHEREAS, Within the Sale and Consumption Area, the concession area shall consist of approximately 100 square feet of useable space located in the northeast corner of the Premises in a temporary structure (the “Tent Space”), which shall contain one patron bar (the “Bar”), all as approximately shown on the Event Map; and
WHEREAS, Applicant has agreed that Applicant shall:
- Establish the Sale and Consumption Area in the approximate location indicated on the Event Map but in no event shall the Sale and Consumption Area be more than one-third of the total area of the Lawn, thereby leaving no less than two-thirds of the Lawn for Event attendees not consuming alcohol; and
- Operate the Bar only during the Events; and
- Agree that the Bar shall be the only licensed bar on the Lawn during these Events; and
- Price beverages no higher than fair market price so that consumption is affordable to patrons of various financial means, it being agreed that no more than $9 for draft beer and no more than $15 for wine and Frosé are currently deemed reasonable; and
- Open the Bar no earlier 4:00 PM and close the Bar promptly upon completion of each individual Event but no later than 10:30 PM nightly; and
- Not provide any separate music or entertainment within the Sale and Consumption Area; and
- Require that only patrons of legal drinking age are admitted to the Sale and Consumption Area, that patrons within the Sale and Consumption Area have presented legal photo ID and are hand-stamped to demonstrate they are of legal age, that cups and bottles are uniquely identified to visibly indicate that they were purchased at the Bar; that no patrons are inebriated, that purchases are limited to a maximum of two drinks per customer, and that no alcohol is removed from the Sale and Consumption Area or consumed on the Lawn other than within the Sale and Consumption Area; and
- Provide adequate security and event staff appropriate to the level of attendance to enforce the limitations in this affidavit; 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
- Meet with neighbors and CB5 on a regular basis, if requested, and also provide a 24-hour hotline to a representative of the Applicant to immediately address any complaints from the community. The hotline number is initially 212-768-4242.
WHEREAS, Should Bryant Park Corporation ever contemplate a transfer of Applicant’s concession (“transfer” being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Bryant Park Corporation shall notify CB5 of such intent and shall require any potential transferee to agree to the conditions and stipulations contained herein; and
WHEREAS, Should Martin Whelan ever contemplate a transfer of his interest in STOUT MARKETS INC. so that he does not have a controlling management interest in STOUT MARKETS INC. (“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 STOUT MARKETS INC. and BRYANT PARK CORPORATION for a new seasonal wine and beer license for a limited-service bar in Bryant Park, located at 42 West 42nd Street (between Fifth and Sixth Avenues), New York, New York 10018, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.