Manhattan Community Board 4 Liquor License/Sidewalk Cafe Stipulations Application (All Fields Must Be Completed)
CORPORATION NAME DOING BUSINESS AS (DBA)
STREET ADDRESS CROSS STREETS ZIP CODE
NAME: NAME: OWNER
(Attach a list of all the people that will PHONE: ATTORNEY/ PHONE: be associated/listed REPRESENTAIVE with the license) EMAIL: EMAIL:
NAME: NAME:
MANAGER PHONE: LANDLORD PHONE:
EMAIL: EMAIL:
APPLICATION TYPE ( _____ Liquor License _____ Unenclosed Sidewalk Cafe )
Has applicant owned or managed a similar business? YES NO
New What is/was the name and address of establishment? ○ What were the dates applicant was involved with this former premise?
What is the license # and expiration date? Corp ○ Change/Class Is applicant making any alterations or operational changes? YES NO Change/Removal If alterations or operational changes are being made, please describe/list all changes.
What is the current license # and expiration date?
Alteration ○ Please list/describe the nature of all the changes and attach the plans:
METHOD OF OPERATION
TYPE OF ALCOHOL ○ Liquor/Wine/Beer & Cider ○ Beer & Cider ○ Wine/Beer & Cider
Restaurant Cabaret Night Club Hotel Bar/Tavern Catering Establishment ○ ○ ○ ○ ○ ○ ESTABLISHMENT TYPE ○ Adult Entertainment ○ Wine Bar ○ Dance Club ○ Sports Bar ○Club (Fraternal Organization – Members Only) Has applicant/owner filed with the SLA? If yes, when? If no, when do you plan to file? YES NO Is the 500 Foot Rule applicable? If yes, please attach a diagram of the On-Premise liquor license establishments within a 500 ft. radius of your YES NO establishment and the Public Interest Statement. Is the 200 Foot Rule applicable? If yes, please attach a diagram of the schools and houses of worship that trigger the rule. YES NO Has applicant/owner(s) read MCB4 Policy Regarding Concentration and YES NO Location of Alcoholic-Serving Establishments?
Business Licenses & Permits Committee 1 of 9
CONFIDENTIAL – DO NOT DISTRIBUTE
85 Tenth Restaurants LLC 85 10th Ave., New York, NY 10011 MCB4 Liquor License/Sidewalk Café Stipulations Application – 2021 Rider to Owner Question
85 Tenth Restaurants LLC will comprise the following owners:
1. Jeff Katz 781-799-4968 [email protected] 2. Jamal James Kent 917-577-7075 [email protected] 3. Melissa Rodriguez 347-351-8002 [email protected] 4. 85 10th LLC: a. Leo Kirby (authorized agent) | 212-339-5633 | [email protected]
OPERATIONAL DETAILS (*Closing time will be when establishment is vacated of all patrons)
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY
HOURS* Operation
(Indoor Only) Kitchen
Music
If you plan to have music, what type(s)?
(Circle all that apply) BACKGROUND LIVE MUSIC DJ JUKE BOX KARAOKE
OCCUPANCY
Maximum # of Capacity Persons
(Certificate of Occupying Number Number Number of Service Number of Number of Seats Occupancy) Premises of Tables of Seats Only Bars Stand-Up Bars at Stand-Up Bar (Including Employees)
INSIDE
OUTSIDE
(Other than sidewalk café)
DCA APPROVED UNENCLOSED SIDEWALK CAFÉ
How many floors are there? What is the capacity for each floor?
How frequently will the owner(s) be at the establishment?
Will there be dancing? YES NO
Will applicant have bottle or table service for beverage alcohol? YES NO
Will applicant be hosting private; promotional or corporate events? YES NO
Will outside promoters be used on a regular basis? If yes please describe. YES NO
Will applicant have a security plan? If, yes please attach. YES NO
Will security plan be implemented? YES NO
Will State certified security personnel be used? YES NO
Will New York Nightlife Association and NYPD Best Practices be followed? YES NO
Does applicant agree to notify MCB4 prior to making changes to its method of YES NO operation?
Will applicant be using delivery bicycles? If yes, how many? YES NO
Will delivery bicycles be clearly marked with the name of the restaurant and will staff YES NO wear attire clearly noting name as described by NYC Law?
Where will delivery bicycles be stored during the day when not in use?
Business Licenses & Permits Committee 2 of 9
LOCATION & ZONING
Is this a Special District? If yes, is it Clinton, West Chelsea or Hudson Yards? YES NO
Does the building have a Certificate of Occupancy (“C of O”) or a letter of no YES NO objection?
Is a Public Assembly permit required? YES NO
Are your plans filed with DOB? YES NO
Community Notification/Relations
NOTIFICATION: # 1
List all block associations; tenant associations, co-op boards or condo # 2 boards of residential buildings; and community groups that applicant has
notified regarding its application. For # 3
each please list both the organization and individual you contacted # 4
# 5
Please provide dates when applicant met with the groups listed above.
Who was your contact person at each group you met with?
When did applicant post the notice that was provided?
Where did applicant post the notice that was provided?
Will applicant provide owner cell phone number to neighbors and respond to
complaints that arise? Please provide number in space provided. YES NO
Will applicant inform the Community Board office of its job openings and/or YES NO provide a hyperlink to applicants jobs webpage?
Business Licenses & Permits Committee 3 of 9
Block/Tenant Association & Community Groups First Name Last Name Email Council Chelsea Block Association (Inlcude him for everything in Chelsea aside from his block) Bill Borock [email protected] 100/200/300 West 15 Street Steve Starosta [email protected]; [email protected] 300 West 15th Street Jim Jasper [email protected] 100 West 16th Street Paul Grocnki [email protected] 100 West 16th Street Eric Bomze [email protected] 200 West 16th Street Will Rogers [email protected] Fulton House Tenant Association (W 16th St. to W 19th St. from 9th/10th Avenue Miguel Acevedo [email protected]; [email protected] 100 West 17th/18th Street Craig Slutzkin [email protected]; [email protected] 100 West 17th/18th Street Judy Klein [email protected] 300 West 18th/19th Street (President) Ethan Felson [email protected] 300 West 18th/19th Street Gloria Lowe [email protected] 100 West 19th/20th Street Block Association Bill Borock [email protected] 100 West 19th/20th Street Block Association Sally Greenspan [email protected] 100 West 19th/20th Street Block Association Michael Walsh [email protected] 100 West 22nd Street Block Association Diane Nichols [email protected] 101 West 22nd Street Block Association Gerald Germany [email protected] 102 West 22nd Street Block Association Melissa Stern [email protected] 200 West 20th/21st/22nd Street/Chelsea W 200 Block Association Pamela Wolff [email protected] 200 West 19th/20th/21st/22nd/23rd Street Pat Cooke [email protected] 200 West 19th/20th/21st/22nd/23rd Street Merle Lister [email protected] 200 West 23rd/24th Street Block Association Omar Fattal [email protected] 300 West 20th Street Carol Ott [email protected] 300 West 20th Street Albert Taylor [email protected] 400 West 20th Street Leslie Doyel [email protected] 300 West 21st/22nd/23rd Street Eleanor Horowitz [email protected] 300 West 21st/22nd/23rd Street Andra Gabrielle [email protected] 300 West 21st/22nd/23rd Street Zazel Loven [email protected] West 400 Block Association (21st/22nd/23rd Sts.) Mary Swartz [email protected] West 400 Block Association (21st/22nd/23rd Sts.) Eileen McElduff [email protected] West 400 Block Association (21st/22nd/23rd Sts.) Jean Blair [email protected] West 400 Block Association (21st/22nd/23rd Sts.) Karen Jacob [email protected] 100 West 25th Street Carla Nordstrom [email protected] 100 West 26th Street Susan Buttenwieser [email protected] Naked Eye Productions Tina DiFeliciantonio [email protected] Chlesea-Elliot Tenant Association (W 25th/26th Street from 9th/10th Avenue) Florence Dent [email protected] Chlesea-Elliot Tenant Association (W 25th/26th Street from 9th/10th Avenue) Darlene Waters [email protected] [email protected] Penn South (W 23rd to W 29th Street from 8th/9th Avenue Brendan Keany Penn South (W 23rd to W 29th Street from 8th/9th Avenue Mario Mazzoni [email protected] London Terrace Towers (W 23rd/24th Street from 9th/10th Avenue) Carl Reinlib (212) 675-2000 London Terrace Gardens (W 23rd/24th Street from 9th/10th Avenue) Andy Humm [email protected] London Terrace Tenants Association Inge Ivchenko [email protected] Hotel Americano (212) 216-0000 Highline537 Scott Hupe 212-838-3700 Donna Langman Costumes Donna Langman [email protected] 537 W 27th Street Building Jeremy Carmel [email protected] Midtown South Community Council John Mudd [email protected] Village Preservation/The Greenwich Village Society for Historic Preservation Andrew Berman [email protected]
BUILDING DESIGN
State the name and type of business previously located in the space.
Has a liquor-licensed establishment previously occupied this space at any time? YES NO If yes, please provide the name of the business.
Do you plan any changes to the existing façade? If yes, please describe. YES NO
Has the applicant/owner(s) read MCB 4 ADA Guidelines Memo? YES NO
Is the entrance ADA Compliant? YES NO
Do you plan any changes to the existing façade? If yes, please describe. YES NO
Will applicant have a vestibule within the establishment? YES NO
Will applicant use a storm enclosure? YES NO
Does applicant agree to keep the sidewalk clear of all items or obstructions, such as sandwich boards, sidewalk signs, freestanding menus and plants, as YES NO per the law?
Will applicant comply with the NYC noise code? YES NO
WINDOWS THAT CAN BE Will the establishment have any of the following: (circle all that apply) FRENCH DOORS GARAGE DOORS OPENED Will applicant close all windows, French doors, garage doors when any YES NO music or amplified sound (including televisions) is played inside the establishment?
Will applicant close all windows, French doors, garage doors by 11 PM Friday and Saturday and 10 PM on all other days even if no music or YES NO amplified sound is played inside the establishment?
Has applicant obtained an acoustical report from a certified sound engineer to assess potential noise disturbance to the neighboring residents and buildings? YES NO
Will applicant follow the recommendations of a certified sound engineer to mitigate potential noise disturbance to the neighboring residents and buildings, YES NO including placing speakers on the floor of the establishment?
Will the kitchen exhaust system extend to the roof? YES NO
Will the establishment have an illuminated sign? YES NO
Will the establishment have a canopy extending over the sidewalk? YES NO
Where will the air conditioner be located? What type is it?
When was the air conditioner installed?
Business Licenses & Permits Committee 4 of 9
OUTDOOR ITEMS - OTHER THAN SIDEWALK CAFÉ
Has the applicant/owner(s) read MCB 4 Rear Yard Rooftop Policy? YES NO
Will applicant use any outdoor spaces: rooftop, rear yard, patio, porch, balcony,
pavilion, tents, deck, gazebo or open dining in the parking lane? If yes, which YES NO one(s)?
Are the floorplans for the outdoor space(s) included? YES NO
Will applicant close and vacate the outdoor space(s) by 11PM on Friday &
Saturday and 10 PM on all other days? YES NO
Will the service and consumption of alcohol in any outdoor space only be
via seated food service? YES NO
Will applicant not allow standing space for patrons to drink or smoke in YES NO any outdoor space(s) or on the sidewalk?
Will there be no amplified music, as per the law? YES NO
If amplified sound is played inside the establishment, will windows and doors be YES NO closed?
Will applicant agree to post signs outside asking customers to respect the YES NO neighbors’?
Will applicant agree to train staff to encourage a peaceful environment? YES NO
Will applicant provide effective sound control (landscaping enclosure,
soundproofing tenants apartments) YES NO
Will there be a lighting plan that allows safe usage of the outdoor space without YES NO disrupting neighbors?
If open dining in the parking lane, will applicant agree to leave the sidewalk free YES NO of any furniture?
If open dining, will you comply with all NYC DOT guidelines? YES NO
If open dining, will the installation be year-round? YES NO
***These stipulations apply only to outdoor seating under the "Open Restaurants Program" No permanent seating is included in this application***
Business Licenses & Permits Committee 5 of 9
DCA APPROVED UNENCLOSED SIDEWALK CAFÉ
Has the applicant/owner(s) read MCB4 Sidewalk Café Policy? YES NO
Will applicant be applying for a sidewalk café now or in the future? YES NO
Is applicant in this application seeking to include a sidewalk café in its liquor YES NO license?
If yes, has applicant submitted an application and plans to NYC Dept. of YES NO Consumer Affairs? Please attach application and plans.
Will applicant close and vacate the sidewalk café by 11 PM on Friday & Saturday YES NO and 10 PM on all other days?
Will applicant be serving alcohol in the sidewalk café? If so, will you have waiter YES NO service?
Will the café have a 3 ft. wide serving aisle running the entire length of the YES NO sidewalk cafe?
Will applicant mark the perimeter of the café on the sidewalk? YES NO
Will the service and consumption of alcohol in the sidewalk café only be via seated YES NO food service?
Will the sidewalk café not provide standing space for drinking or smoking? YES NO
Will applicant use any portable natural gas heaters? If so, do you have the requisite approvals from DOB & the Fire Department? YES NO
Will applicant have a lighting plan that will allow safe usage of the outdoor space YES NO without disrupting neighbors?
Will all furniture, plants and barricades be stored inside between the evening closing YES NO hours and the morning opening hours?
Will all furniture be stored inside between December 21st and March 21st, and any other YES NO day when it rains or snows?
Will applicant use umbrellas? YES NO
If construction or construction protection has reduced the sidewalk width, will applicant always maintain an 8 foot clear path of sidewalk between the perimeter of YES NO the café and the closest obstruction including construction barricades?
If open dining is in the parking lane, will applicant agree to remove its sidewalk café? YES NO
Business Licenses & Permits Committee 6 of 9
ADDITIONAL STIPULATIONS: (Office Use Only)
To the extent any additional stipulation on pages 7 and 8 of this application conflicts with any response on pages 1 – 6 of this application, the stipulations on pages 7 and 8 control.
Business Licenses & Permits Committee 7 of 9
ADDITIONAL STIPULATIONS: (Office Use Only), Continued
To the extent any additional stipulation on pages 7 and 8 of this application conflicts with any response on pages 1 – 6 of this application, the stipulations on pages 7 and 8 control.
Business Licenses & Permits Committee 8 of 9
○ Denial unless all stipulations agreed to by applicant/owner are part of the method of Manhattan Community Board 4 (MCB4) recommends: operation (MCB4’s recommendation is based on a vote taken at its ______April 7, 2021 full board meeting, with ____ members voting in favor ○ Denial ○ Approval of the recommendation, ____ members opposed, ____ members abstaining and ____ present but not eligible)
CB4 REPRESENTATIVES
Nelly Gonzalez Frank Holozubiec Burt Lazarin CB4 Assistant District Manager CB4 BLP Committee Co-Chair CB4 BLP Committee Co-Chair
APPLICANT AGREEMENT WITH THE COMMUNITY
Applicant agrees to these stipulations as the basis for the community support of this application and acknowledges that all of these stipulations are essential prerequisites to the MCB4 recommendation regarding this application. Applicant agrees to have these stipulations incorporated in the method of operation of its liquor license. The stipulations in this application constitute the entire agreement between MCB4 and applicant and may only be altered in writing signed by MCB4 and applicant. These stipulations supersede any oral statements or representations in connection with this application.
SIGN HERE
→ PRINT NAME OF APPLICANT SIGNATURE OF APPLICANT DATE
SIGNATURE OF APPLICANT
Business Licenses & Permits Committee 9 of 9
Manhattan Community Board 4 Establishments with multiple spaces/floors (All Fields Must Be Completed)
Description/Use of
Space Space Music /Floor Capacity Hours # of # of # of # of Tables Seats Service Stand-Up
Only Bars Bars/Seats at
Bar
9 10 11 12 13 14
A
DN
UP DINING SVC 58 SEATS SVC SVC
POS 6
SVC
SVC
COATS SVC (300) B
BENCH
UP GREETER
BAR APPROX 6,000 UP DN 10 SEATS + 1 ADA BOTTLES 10 Av
UP
BENCH DN DN SVC ELEVATOR C
DINING 54 SEATS
UP 6
SVC
SVC
STORAGE UP
SVC
SVC SVC
SVC D UP
Ground Floor Plan E UP
c MN Design Professional Corporation 85 Tenth Avenue 9 10 11 12 13 14
A T
DN
UP
B
UP
DN
UP
C
D
UP UP
84 SEATS
COUNTER SEATING (11 SEATS) SVC HOST
PASS COUNTER SEATING (7 SEATS) TABLE SEATING (42 SEATS) ref. ref. 10 Av IC frzr hosebid hosebid cold plates BANQUETTE SEATING (12 SEATS)
Ref. Ref. frzr. Freezer
mobile cart parking TABLE SEATING (12 SEATS) E UP
SVC
Ground Floor Plan
c MN Design Professional Corporation 85 Tenth Avenue 9 10 11 12 13 14
A DN
B
C
DN 34 SEATS
SVC SVC SVC D
Mezzanine Floor Plan E
c MN Design Professional Corporation 85 Tenth Avenue 9 10 11 12 13 14
A
BAR
MECHANICAL ROOM AV RACK
52 SEATS