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Parks & Public Spaces
Application from Real Art Design Group, on behalf of KOHL’s, for “Holiday Feels,” a digital kiosk in The Lodge in Bryant Park for a one-day marketing Event on November 17th, 2023
At the regularly scheduled monthly Community Board Five meeting on Thursday, November 9, 2023, the following resolution passed with a vote of 29 in favor; 0 opposed; 1 abstaining:
WHEREAS, Real Art Design Group, on behalf of KOHL’s (the "Applicant"), has submitted an application to hold a marketing Event in a section of The Lodge within Bryant Park on November 17th, 2023 (the “Event”); and
WHEREAS, The Event will take place between the hours of 10:00 am and 10:00 pm, with set-up beginning at 7:00 am and breakdown completed by 11:59 pm; and
WHEREAS, The Event will consist of an AI-powered digital kiosk that will generate individualized holiday poems and gift ideas from KOHL's based on the participant’s entered preferences; and
WHEREAS, The Event area will contain a graphic holiday themed backdrop, several oversize gift boxes, and short queuing area; and
WHEREAS, The Event will take place in a small unobtrusive 15x15 section of The Lodge on the North East corner of The Rink Deck; and
WHEREAS, The Event will be staffed with 2 brand ambassadors to guide attendees through the process as well as 1-2 support staff; and
WHEREAS, The Event will have no amplified sound; and
WHEREAS, The Event will include giveaways of KOHL’s coupons, KOHL’s cash, or Gift Cards; and
WHEREAS, The Event will be open to the public and free of charge; and
WHEREAS, The Applicant has stated no data entered by the public into the kiosk will be stored, retained, or used for purposes other than generating the poem and gift suggestions; and
WHEREAS, The Applicant has received support from the Bryant Park Corporation and is making a significant donation to support the upkeep of the park; and
WHEREAS, The Applicant will be capturing images or video of invited “KOHL’s Influencers” during the Event, and the Applicant has agreed to providing necessary and proper notice for permission to the general public for the use of any digital images taken or used by exhibitor of the general public for commercial purposes during the time of the Event, as well as best-faith efforts to obtain written permission from members of the public recognizably captured; and
WHEREAS, In response to Community Board Five noting the on-going public conversation regarding the use of artificial intelligence, the Applicant has agreed to disclose in signage that the poems and gift recommendations are generated by the large language model ChatGPT; and
WHEREAS, Although Community Board Five has concerns about the commercial use of public parkland, the proposed Event will occur inside an existing commercial concession, has minimal impact on navigation, uses limited signage, and provides an opportunity for the public to enjoy the Event; and
WHEREAS, Community Board Five believes that the nature and conduct of the Event as proposed is satisfactory and consistent with its past approvals for marketing events in Bryant Park; therefore, be it
RESOLVED, Community Board Five recommends approval of the application from Real Art Design Group, on behalf of KOHL’s, for “Holiday Feels,” a digital kiosk in The Lodge in Bryant Park for a one-day marketing Event on November 17th, 2023.