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State Licenses and Permits
35 East 21 st Street (Between Broadway and Park Avenue South), NEW YORK, NY 10010, METRO CINEMA 2 LLC D/B/A METRO CINEMA, application for a new on-premises liquor license
At the regularly scheduled monthly Community Board Five meeting on Thursday, October 12, 2023, the following resolution passed with a vote of 34 in favor; 0 opposed; 1 abstaining:
WHEREAS, Metro Cinema 2 LLC (“Applicant”), has notified Community Board Five of its intention to apply for a new on-premises liquor license for a movie theater and restaurant on the first through third floors of 35 East 21st Street (between Broadway and Park Avenue South), New York, New York, 10010 (the “Premises”); and
WHEREAS, The Premises consists of approximately 900 square feet of interior space on the 1st floor, 5,500 square feet of interior space on the 2nd floor, and 3,300 square feet of interior space on the 3rd floor; and
WHEREAS, The Premises has a legal occupancy of approximately 260 people (patrons and employees); and
WHEREAS, The Premises will be operated only as a restaurant and movie theater with a total of
approximately 34 tables, 229 chairs and 6 bar stools; and
WHEREAS, The Premises shall contain 1 patron bar and 1 service bar; and
WHEREAS, Applicant has agreed that Applicant shall:
1) Maintain business hours in the first-floor lobby area corresponding with a last call at 12:00am
(midnight) Sunday through Wednesday and 1:00am Thursday through Saturday, with “last call” referring to the time at which the last seating and drink or beverage order may take place, with patrons understood to be off the Premises and the first floor lobby area closed to new patrons 45 minutes to 1 hour later; and
2) Have last call for alcoholic beverages for patrons throughout the Premises (including theaters) at 12:00am (midnight) Monday through Sunday and 1:00am Thursday through Saturday; and
3) Maintain business hours for theaters in floors 2-3 corresponding to the following:
a) Full theater capacity (approx. 179) until 12:00am (midnight) Sunday through Wednesday and 1:00am Thursday through Saturday; and
b) Partial theater capacity (80) until 1:00am Sunday through Wednesday and 2:00am Thursday through Saturday; and
c) Close (capacity of 0) at 1:00am Sunday through Wednesday and 2:00am Thursday through Saturday; and
4) Not allow karaoke at the Premises; and
5) Set a ride hailing pick-up point on an adjoining avenue (Park Avenue South or Fifth Avenue) to ensure ride hailing services do not send vehicles to pick patrons up in front of the venue; and
6) Conduct an independent sound study once renovation is complete to measure exterior sound levels produced by the cinema suites; and
7) Not allow patrons to bring in alcoholic beverages that were not purchased on the Premises, and have no bottle service on the Premises; and
8) Strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and
9) Agree to provide notice to CB5 before applying for a sidewalk café; however this clause shall not apply to the Department of Transportation’s Open Restaurant dining program; and
10) Have tapes/CDs or similarly produced music played at a background level, and in no event shall live music, dancing or a DJ be permitted at the Premises; and
11) Arrange for private garbage pick-up and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors; and
12) 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
13) Meet with neighbors and CB5 on a regular basis, if requested, and also provide a 24-hour hotline to (646) 933-2800 representing the Applicant, to immediately address any complaints from the community; 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, Should Michael Trafton ever contemplate a transfer of his 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, The Premises is located within CB5’s Restricted Licensing Area, an area of extreme density of businesses and residences; and
WHEREAS, CB5’s guidelines for the Restricted Licensing area (the “RLA Guidelines”) typically prevent CB5’s support of an establishment exceeding 4,000 square feet of space for patron use but an exception was intentionally made for this application because, despite being larger than typically allowed, the method of operation of the Premises is otherwise consistent with and otherwise complies with the RLA Guidelines in terms of hours of operation, use, method of operation, including a full kitchen, etc., to wit, (i) the total capacity of the Premises is only 260 despite the large size of the space, (ii) the size and hours of operation of the lobby area are in strict compliance with the RLA Guidelines, (iii) the use of the space in excess of the allowed 4,000 square feet of patron space is exclusively for private dining and movie viewing; and (iii) the staggered reduction of capacity of the theater suites enables controlled dispersal from the Premises onto the street; 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 Metro Cinema 2 LLC for a new on-premises liquor license for a movie theater and restaurant on the first through third floors of 35 East 21st Street (between Broadway and Park Avenue South), New York, New York, 10010, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.