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State Licenses and Permits
MSG Arena, LLC, dba “Madison Square Garden,” 4 Pennsylvania Plaza, New York, NY, application for renewal of an existing on premises liquor license
At the regularly scheduled monthly Community Board Five meeting on Thursday, February 08, 2024, the following resolution passed with a vote of 31 in favor; 0 opposed; 1 abstaining:
WHEREAS, MSG ARENA LLC (“Applicant”), has notified Community Board Five of its intention to apply for renewal of its existing on premises liquor license for the arena known as “Madison Square Garden” located at 4 Pennsylvania Plaza, New York, New York (the "Premises"); and
WHEREAS, Concerns regarding (i) Applicant’s “attorney access” policy, (ii) its use of digital image recognition technology, and (iii) certain quality of life issues surrounding the Premises have been brought to the attention of CB5 in connection with Applicant’s application to renew its liquor license; and
WHEREAS, In June of 2022, Applicant instituted a policy denying entry to the Premises by all attorneys from firms representing clients with most types of active litigation against Applicant; and
WHEREAS, Applicant employs facial recognition technology to identify potential patrons excluded by the policy; and
WHEREAS, While CB5 is not drawing any legal conclusions, we note that the SLA has alleged that the exclusion policy violates SLA Rule 53.1(d), 9 NYCRR 53.1(d), on a theory that the policy excluding adverse attorneys rendered the Premises no longer “open to the public,” and testimony was given by members of the public that the policy violates the spirit of the requirement that liquor licensed establishments provide equal access to all members of the public; and
WHEREAS, CB5 believes that the exclusion policy is retaliatory, punitive, unfair, and arbitrary in that (i) all attorneys within a firm are excluded whether they are involved in litigation against Applicant or not, (ii) paralegals, legal secretaries, and other personnel within the firm are not so excluded, and (iii) firms doing reconnaissance regarding the Premises can do so using other means without using attorneys; and
WHEREAS, CB5 is sensitive to privacy concerns regarding the use of digital imagery for the attorney exclusion policy and generally; and
WHEREAS, Applicant could not explain in adequate detail about how and where the digital images are obtained and handled, and could not address our concerns about the fairness, effectiveness, and privacy concerns regarding the process; and
WHEREAS, Members of the public reported incidents of public urination, disorderly conduct, and other quality of life issues affecting the community surrounding the Premises; and
WHEREAS, Applicant stated that they were not aware of the quality of life complaints described and they provided contact information to their guest relations department for such complaints to be reported in the future: by e-mail (guestrelations@msg.com) and phone (212-465-6225); and
WHEREAS, Applicant agreed to cooperate with CB5 and participate in community meetings and use other means to address quality of life issues caused by the operation at the Premises; and
WHEREAS, Although Applicant has agreed to address quality of life issues and participate in protecting quality of life of the community surrounding the Premises, CB5 remains at issue with the attorney exclusion policy and the use of digital imagery for that and other purposes; therefore be it
RESOLVED, That Community Board Five recommends denial of the application by MSG ARENA LLC for renewal of its existing on premises liquor license for the arena known as “Madison Square Garden” located at 4 Pennsylvania Plaza, New York, New York.