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 December 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: 420 Park Ave. South (between 28 th Street and 29 th Street), New York, New York, TA RESTAURANT LLC D/B/A ASSELINA RISTORANTE, APPLICATION FOR AN ALTERATION OF AN EXISTING LIQUOR LICENSE Dear Deputy Chief Executive Officer Jones: At the monthly meeting of Community Board Five on Thursday, December 12, 2013, the Board passed the following resolution by a vote of 34 in favor; 0 opposed; 1 abstaining: WHEREAS, TA RESTAURANT LLC ("Applicant") is the owner of a restaurant Asellina Ristorante (the Restaurant ) located within the Gansevoort Park Hotel at 420 Park Avenue South, New York, New York (the "Premises"), and has notified Community Board Five ( CB5 ) of its intention to apply for an alteration of the existing liquor license for the Restaurant; and WHEREAS, The Restaurant has a total floor area of 4,840 square feet of interior space with a bar area, a dining room and a lounge/library, and an unenclosed rear yard of 753 square feet; and WHEREAS, There are 2 full bars and 1 service bar; 95 tables, 227 chairs (including banquette seating) and 22 bar stools inside; 25 tables and 50 chairs in rear yard; and WHEREAS, Estimated patron usage is approximately 101 in the bar and lounge/library, 148 in the dining room, and 50 on the unenclosed rear yard, with an estimated total capacity of 335, including kitchen personnel and staff; and WHEREAS, In 2009, the Applicant appeared before CB5 in connection with its original application for an on-premises liquor license; and WHEREAS, At that time, the Applicant delivered an executed affidavit whereby the Applicant agreed to various conditions and stipulations, a copy of which is attached, upon which CB5 relied for recommending approval of the on-premises liquor license; and WHEREAS, Among other conditions and stipulations, the Applicant agreed to solely provide for seated service in the unenclosed rear yard with an 11:30pm closing time; and office@cb5.org

2 WHEREAS, The Applicant now wishes to alter the existing liquor license to allow additional use of the unenclosed rear yard for unseated cocktail service, on a regular basis or for special events, with the area closed for service no later than 9:00pm every day with clean-up by staff completed no later than 9:30pm every day; and WHEREAS, Numerous members of the community sent letters to CB5 and several members of the public appeared to testify in person in opposition to a change in method and hours of operation for unenclosed rear yard, citing existing conditions including noise and unruly crowds; and WHEREAS, Those members of the public that appeared to testify in person noted that there have been numerous instances where the Applicant has violated the method of operation agreed to by the Applicant in its executed affidavit, and provided photographs evidencing such violations; and WHEREAS, The Applicant appeared before the PSQL Committee and did concede that it had violated the method of operation agreed to by the Applicant in its executed affidavit on a few select occasions for a short duration; and WHEREAS, Those members of the public that appeared to testify in person expressed significant concerns as to whether the Applicant would adhere to stipulations in an affidavit given the history of the Applicant s operation; therefore be it RESOLVED, Community Board Five recommends denial of the application by TA Restaurant LLC d/b/a Asellina Ristorante located within the Gansevoort Park Hotel at 420 Park Avenue South New York, NY to alter its method of operation within its unenclosed rear yard to allow use of the unenclosed rear yard for unseated cocktail service, table service dining or special events, with the area closed for service no later than 9:00 PM every day with clean-up by staff completed no later than 9:30 PM every day. Thank you for the opportunity to comment on this matter. Sincerely, Vikki Barbero Chair Nicholas Athanail Chair, Public Safety & Quality of Life Committee office@cb5.org

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