Manhattan Community Board Five

Transcription

1 Manhattan Community Board Five Vikki Barbero, Chair 450 Seventh Avenue, Suite 2109 Wally Rubin, District Manager New York, NY f September 13, 2013 Michael E. Jones Deputy Chief Executive Officer New York State Liquor Authority Alcoholic Beverage Control Division 317 Lenox Ave. New York, N.Y RE: 251 WEST 30TH STREET (BETWEEN SEVENTH AND EIGHTH AVENUES), LORNE R BALINGER WEST 30TH STREET, LLC D/B/A SLAKE, APPLICATION FOR A NEW ON-PREMISES LIQUOR LICENSE Dear Deputy Chief Executive Officer Jones: At the monthly meeting of Community Board Five on Thursday, September 12, 2013, the Board passed the following resolution by a vote of 35 in favor; 0 opposed; 1 abstaining: WHEREAS, LORNE R. BALINGER on behalf of 251 West 30th Street, LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for the nightclub located at 251 West 30th Street (between Seventh and Eighth Avenues), New York, New York (the "Premises"); and WHEREAS, The Premises consists of 14,000 square feet of indoor space on the ground floor mezzanine and second floor; and WHEREAS, The Premises includes an outdoor space that is not licensed and not deemed part of the licensed venue and hence will not be occupied at any time and the doors to this space are not part of any Public Assembly egress plan and therefore can remain locked and will remain locked during hours of operation, and the applicant will not seek to use this space for operations at any time in the future; and WHEREAS, The Premises is operated as a nightclub and private event space, with a total of 38 tables and 250 banquette style seats and; with operating hours until 4:00AM Monday Through Sunday; and WHEREAS, The total capacity of the Premises is 741, which the applicant shall not increase ever and which includes employees and is limited by the valid Public Assembly Permit and valid Certificate of Occupancy; and WHEREAS, The Premises includes 3 patron bars, and no kitchen; and WHEREAS, The Premise has a valid Cabaret License permitting dancing on all levels; and WHEREAS, The Applicant is aware that the community surrounding the Premises has specific concerns with the operation at this location and the Applicant hereby covenants and agrees to run the establishment in a manner that has the least deleterious impact on the community and hereby covenants and agrees to be a good and responsive neighbor; and

2 WHEREAS, The Applicant made and agreed to an Affidavit as an inducement to Manhattan Community Board Five to support this application and agreed that this Affidavit shall create a legally binding obligation that, may be enforced against the Applicant in the New York Supreme Court or otherwise by any affected party; and WHEREAS, The former operation at the Premises has been one of the most problematic in our district; and WHEREAS, The new operator has an excellent and proven record operating similar venues and has assured CB5 that he will operate the Premises with the highest standards, at all times respecting the neighbors in the building and on the block around the Premises; and WHEREAS, The Applicant agreed that the Applicant shall: 1. Not use promoters at any time at any time that an event or party is hosted or contracted for an event by a third party (in whole or in part): (i) at all times Applicant shall remain responsible for and in complete control of the Premises and its patrons and (ii) all material positions of operation shall be the employees of the Applicant at all times; 2. maintain adequate security at the Premises at all times in the proportion of one security person for every 50 patrons during nightclub operations and one security person for 75 patrons during corporate event operations, thus requiring a minimum of 15 security personnel for the maximum nightclub occupancy, 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 best efforts to disperse crowds of patrons outside the Premises immediately after exiting and / or closing; 3. maintain exterior queuing and interior queuing required for purposes of maintaining legal capacity and for processing admittance however Applicant shall make a concerted effort to handle the majority of queuing within the Premises and if exterior queuing is needed Applicant shall have employee(s) responsible for maintaining the orderliness of patrons; 4. incorporate the use of a smoking area with adequate security to corral smokers, control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises at any time and limit smokers in the area to no more than 20 at all times; 5. agree to install used-cigarette receptacles in front of Premises, if in compliance with the law, and use best efforts to maintain cleanliness of sidewalk in front of Premises; 6. comply with the analysis and recommendations of its soundproofing consultant, Acoustilog, Inc., (listed below and referenced in the attached Acoustilog, Inc. report) as well as comply with NYC DCA noise regulations;: a. First Floor Dance Floor Item 5 a, b, c, d, Item 6, Item 7; b. Second Floor Dance Floor Item 10, Item 11 a, b, c, d, e, f, g, Item 12, Item 15; c. In addition, Applicant will make its best efforts to install isolation materials under floor speakers and where flown directly from the structure (Beams, Walls or Slab); d. In addition, Applicant will coordinate with the Landlord for the Freight Elevator to be kept closed during Premises operation to mitigate sound from traveling up the Elevator Shaft; 7. comply with NYPD s Best Practices for Nightlife Establishments;

3 8. discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises; 9. provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community, and agree to meet with neighbors and CB5 if requested; 10. arrange for private garbage pickup and its garbage will be stored in a manner so as not impede pedestrians or cause a disturbance or annoyance to its neighbors; 11. strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and WHEREAS, Should the 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 and entity), the Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and WHEREAS, Should Lorne R. Ballinger ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ( 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 renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CBS; therefore be it RESOLVED, Community Board Five recommends denial of the application by 251 West 30th Street, LLC for a new on premises liquor license the nightclub located at 251 West 30th Street (between Seventh and Eighth Avenues), New York, New York 10001, unless the above conditions are adhered to and are incorporated into the method of operation. Thank you for the opportunity to comment on this matter. Sincerely, Vikki Barbero Chair Nicholas Athanail Chair, Public Safety & Quality of Life Committee

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