Manhattan Community Board Five Vikki Barbero, Chair 450 Seventh Avenue, Suite 2109 Wally Rubin, District Manager New York, NY 10123 2199 212.465.0907 f 212.465.1628 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. 10027 RE: 127 WEST 28TH STREET, NEW YORK, NY 10001 (BETWEEN SIXTH AND SEVENTH AVENUES), STIX CHELSEA 28, LLC D/B/A STIX CHELSEA, APPLICATION FOR A NEW ON PREMISES 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, Efstathios Antonakopoulos on behalf of STIX CHELSEA 28, LLC ( Applicant ), has notified Community Board Five of its intention to file for a new on premises liquor license for a new restaurant and lounge to be called STIX CHELSEA (the Restaurant ) to be located within the Hotel Indigo, 127 West 28 th Street, New York, NY 10001 (the "Premises"); WHEREAS, The Premises will operate as a restaurant on the ground floor of the Hotel Indigo (the Restaurant Area ) and includes approximately 1,500 square feet and will have one (1) patron bar; and WHEREAS, The Premises will also operate as a restaurant and lounge on the rooftop of the Hotel Indigo (the Rooftop Area ) and includes approximately 2,400 square feet and will have one (1) patron bar; and WHEREAS, The Restaurant Area will have a total capacity of 99 and will have 20 tables, 70 chairs and 5 bar stools; and WHEREAS, The Rooftop Area will have a total capacity of 74 and will have 14 tables, 70 chairs and 5 bar stools; and WHEREAS, Applicant has agreed that Applicant shall: 1. Operate the Restaurant Area of the Premises as a full-service restaurant with hours of operation daily from 6:30a.m. to no later than 2a.m.; and 2. Operate the Rooftop Area of the Premises as a full-service restaurant with hours of operation from 5pm to no later than 12midnight Mondays through Thursdays and 1am Fridays and Saturdays; and 3. Conduct a sound engineering report by a licensed sound engineer and comply with the recommendations noted in such report; and www.cb5.org office@cb5.org
4. Not incorporate a DJ or live music in either the Restaurant Area or the Rooftop Area, except for limited private events, and agree to keep the stereo at ambient volume only, with volume controls strictly controlled by management; and 5. Ensure that no additional sound equipment beyond the stereo may be added to the Rooftop Area at any time; 6. Not apply for a cabaret license at any time; and 7. Not operate the Premises as a club; and 8. Not hire outside promoters; and 9. Discourage patrons from congregating in front of the Premises and encourage that they leave the Premises in a respectful manner; and 10. Discourage the parking of idling cabs, limousines and other vehicles on the street in front of the street entrance of the Premises and arrange for valet service and off-site waiting areas for town cars to prevent street congestion by vehicles; and 11. Use best efforts to maintain cleanliness of sidewalk in front of Premises; and 12. Meet with neighbors and CB5 on a regular basis if requested and also provide a 24-hour hotline to Efstathios Antonakopoulos (phone (917) 502-7279), representing the Operator, 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 Efstathios Antonakopoulos no longer be an officer of Operator or no longer have a management role in the Restaurant, he shall notify CB5 of such intent and shall require any potential transferee to agree to the conditions and stipulations contained herein; and 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 STIX CHELSEA 28 LLC for a new on premises liquor license for a new restaurant and lounge to be called STIX CHELSEA to be located within the Hotel Indigo, 127 West 28 th Street, New York, NY 10001, 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 Nicholas Athanail Chair, Public Safety & Quality of Life Committee www.cb5.org office@cb5.org