RE: West 47 th Street, LOGAN S SANCTUARY LLC D/B/A LOGAN S SANCTUARY, application for alteration to an existing hotel liquor license

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1 Manhattan Community Board Five Vikki Barbero, Chair 450 Seventh Avenue, Suite 2109 Wally Rubin, District Manager New York, NY f May 09, 2014 Michael E. Jones Deputy Chief Executive Officer New York State Liquor Authority Alcoholic Beverage Control Division 317 Lenox Ave. New York, N.Y RE: West 47 th Street, LOGAN S SANCTUARY LLC D/B/A LOGAN S SANCTUARY, application for alteration to an existing hotel liquor license Dear Deputy Chief Executive Officer Jones: At the regularly scheduled monthly Community Board Five meeting on Thursday, May 08, 2014, the following resolution passed with a vote of 35 in favor; 0 opposed; 1 abstaining: WHEREAS, Hank Freid, on behalf of Logan s Sanctuary LLC ( Applicant ), has notified Community Board Five of its intention to file for an alteration to its existing hotel license for the hotel located at West 47 th Street, New York, New York (the "Premises"); WHEREAS, The Premises consists of guest rooms, a lobby bar, restaurant, and a rooftop bar and restaurant; and WHEREAS, The Premises will be operated exclusively as a hotel, bar, and rooftop bar/restaurant, with a maximum occupancy as contained in its public assembly permit; WHEREAS, The Premises includes 2 patron (stand-up) bars in the lobby & restaurant areas, and 1 patron bar at the rooftop bar/restaurant; and WHEREAS, The Premises is subject to conditions and stipulations contained in that certain Affidavit delivered by Applicant to CB5 in June 2011 and April 2013 in connection with the resolutions adopted by CB5 at that time; and WHEREAS, Applicant has now requested an extension of operating hours with respect to the outdoor space operated at the Premises; and WHEREAS, This resolution supplements and modifies terms and conditions of the June 2011 and April 2013 resolutions in their entirety; and WHEREAS, Applicant has agreed that Applicant shall:

2 1. Operate the lobby bar exclusively as a bar, catering to Hotel guests and the general public. Private parties shall be deemed included in the Restaurant Use, but regular and recurring promoter events are specifically excluded from Restaurant Use; 2. Operate the rooftop exclusively as a bar and restaurant, catering to Hotel guests and the general public. Private parties shall be deemed included in the Restaurant Use, but regular and recurring promoter events are specifically excluded from Restaurant Use; 3. Close the unenclosed portion of the rooftop bar/restaurant no later than midnight (12:00 AM) Sunday Thursday nights and 1:00 AM Friday Saturday nights. Patrons shall not be permitted on any unenclosed portion of the rooftop terrace after those hours. Smokers must be directed to street level whenever the roof remains closed; 4. Maintain adequate security personnel in and in front of the Premises at all times to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet, and respectful manner; (iii) discourage patrons from congregating outside the Premises; and (iv) use the best efforts to clear the area outside the Premises of all patrons immediately after closing. Security personnel shall be employees of Applicant, or if a third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant; 5. Retain a qualified sound engineer to survey the Premises and surrounding buildings to recommend the installation of a sound system and speakers to be used when the rooftop venue is open, and to operating the sound system in compliance with all applicable laws and ordinances governing same; and install an electronic limiter so as not to exceed decibel levels; 6. Incorporate the recommendations specified within the sound designer report as part of the stipulations of this Affidavit, which recommendations are attached hereto; 7. Prohibit dancing at the Premises at all times, except in connection with private events; 8. Discourage customers of the Premises from loitering outside the Premises at any time; 9. Arrange for private garbage pick-up and garbage storage in a manner so as not to cause a disturbance or annoyance to its neighbors; 10. Comply with and adhere to the plans for the operation of the business, as set forth herein; 11. Meet with neighbors and CB5, if requested, and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community. WHEREAS, Should Applicant ever contemplate a transfer of its interest in the Hotel ownership or management ( transfer being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), such transferring party shall notify CB5 of such intent and shall require any potential transferee to agree to the conditions and stipulations contained herein; and WHEREAS, Should Hank Freid ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in the owner of the Premises ( 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 of such intent and any potential transferee shall be required to agree to the conditions and stipulations contained herein; and

3 WHEREAS, Members of the public appeared and commented in support of 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, Community Board Five recommends denial of the application by Logan s Sanctuary LLC for an alteration to its existing hotel license for the hotel located at West 47 th Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application. Thank you for the opportunity to comment on this matter. Sincerely, Vikki Barbero Chair Committee Nicholas Athanail Chair, Public Safety & Quality of Life

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