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State Licenses and Permits
377 Park Avenue South (Between 26th and 27th Streets), New York, NY, Kilaluka Café Inc. D/B/A John DeVoy’s Bar & Kitchen, application for a new on-premises liquor license.
At the regularly scheduled monthly Community Board Five meeting on Thursday, September 14, 2023, the following resolution passed with a vote of 36 in favor; 0 opposed; 1 abstaining:
WHEREAS, KilaLuka Cafe Inc. (“Applicant”), has notified Community Board Five of its intention to apply for a new on-premises liquor license for a on the ground floor located at 377 Park Avenue South
(between 26th and 27th Streets), New York, New York, 10016 (the “Premises”); and
WHEREAS, The Premises consists of approximately 1500 square feet of interior space on the ground floor, 1500 square feet of interior space in the basement, and 400 square feet of interior space in the mezzanine; and
WHEREAS, The Premises has a legal occupancy of 74 people (patrons and employees); and
WHEREAS, The Premises will be operated only as a restaurant with a total of approximately 10 tables, 40 chairs and 10 bar stools; and
WHEREAS, The Premises shall contain 1 patron bar and 1 service bars; and
WHEREAS, The Premises is located on a block with no residences on either side of the street and with the nearest residences at least a block away or around the corner; and
WHEREAS, While CB5 is typically opposed to hours of operation later than midnight during the week at locations proximate to residences, the fact that there are no residences on this block have made us comfortable with hours until 2AM every night; and WHEREAS, Applicant has agreed that Applicant shall:
- Maintain business hours of the Premises 11:00am to no later than 2:00am, everyday indoors; 11:00am to no later than 10pm, everyday outdoors; and
- Strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and
- Agree to provide notice to CB5 before applying for a sidewalk café, however, Licensee may operate under the temporary Open Restaurants program until that time, subject to the hours limitations in a above; and
- Have live DJs, live musicians, and/or streaming music/digital files or similarly produced music played at a background level, with live DJs and musicians only utilized on the Premises on rare, special occasions; and
- 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
- Strictly comply with the method of operation as stated herein and not change the method of operation of the Premises without notifying Community Board 5 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 Donna Dobbin, 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 more than 80% interest in an entity), Licensee shall notify CB5 before such transfer is made; and
WHEREAS, Should John Moloney 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, 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 KilaLuka Café Inc. (“Applicant”) for a new on-premises liquor license on the ground floor located at 377 Park Avenue South (between 26th and 27th Streets), New York, New York, 10016, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.