Members Of Community Board 6's Permits And Licenses Committee Unanimously Vote To Disapprove Renewal Of Buschenschank's Liquor License

At last night's meeting of  Community Board 6's Permits And Licenses Committee

Buschenschank's Assistant Manager

Since Buschenschank, the pseudo-Tyrolian pub at 320 Court Street opened its doors, there have been numerous complaints against the establishment. From 2010 to 2014, 82 complaints have been made to 311. 45 of those have been noise complaints.

Noise Complaints were not the only problem.  There is also a question related to legal occupancy. The establishment most certainly should have applied for a Place Of Assembly Permit since they routinely have more than 75 people inside the pub. (The 75 include staff).  In recent months, the NYC Building's Department has issued quite a few violations and a partial vacate order for the building housing the bar.  Then there is the matter with the establishment's illegal basement music venue which features a full bar. Just two weeks ago, a fire broke out in the basement, and though it was during the day and was quickly put out, it illustrated what could have happened if the fire had started at night.

Buschenschank's State Liquor Authority License is due for renewal on March 31st, 2014. 

Since there have been so many problems with the establishment,  Community Board 6's Permits And Licences Committee asked representatives of the business to appear in front of the committee rather than to approve the license automatically.  The item was on the Committee's agenda last night.

Instead of appearing in person, Buschenschank's owner, ,James McGown, sent Buschenschank's assistant manager.  Not only was the manager unable to answer the simplest questions about the business, she was unable to present the committee with the necessary paperwork required by CB6 for a renewal.  Nor was she able to show proof that the establishment had notified its neighbors about the renewal.

It did not take members of the Committee very long to vote to disapprove Buschenschank's license renewal on the grounds that the establishment had failed to produce the necessary paperwork related to an application, had amassed over 80 complaints through the 311 system, had a prior history of refusing the Board's recommendation in regards to open windows and loud music, had an illegal, unlicensed bar in the basement, and had unresolved violations with the Department Of Buildings. 

In addition, "the applicant had been deceitful and negligent" and had shown indifference to the board as well as to its neighbors.

The vote against a renewal was unanimous. 

Though Community Board 6's role related to liquor licenses is strictly advisory, Gary Reilly, Chair of the Permits And Licenses Committee, seemed confident that the  N.Y. State Liquor Authority (SLA) would follow the Board's recommendation.  The SLA had been supportive previously, when CB6 voted to deny Buschenschank   a sidewalk café license for many of the same reasons cited last night. 

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Assemblywoman Millman Introduces Bill To Limit Operation Of Backyard And Rooftop Bars

With the proliferation of restaurants and bars expanding into backyards and onto rooftops in many residential neighborhoods, so have the complaints by local residents. A relatively new phenomenon, there have, until now, been few rules governing such use. Some establishments have pushed the envelope by keeping their outside area open late into the night, allowing inebriated patrons to disturb the neighbors.

Assemblywoman Joan Milllman has taken the lead in bringing some clarity into the use of backyards and rooftops. She just introduced a bill that would require bars and restaurants that serve alcohol to apply for a permit prior to using the outside space, very much like they would if they wanted to have sidewalk seating. Millman would also like to limit the hours of operation.

I am sure many (tired) residents will thank Assemblywoman Millman.

Below is the press release from her office:

Millman Introduces Bill to Limit Operation of

Backyard and Rooftop Bars

Assemblywoman Joan L. Millman introduce legislation that would require a permit for a restaurant or bar to serve alcohol in a rear yard or rooftop. Specifically, Assembly Bill 11288 would limit the hours during which an establishment serving alcohol could operate in a rear yard or rooftop until 10:00 PM on Sunday through Thursday evenings and 11:00 PM on Friday and Saturday evenings. Although sidewalk cafes must get approval from the New York City Department of Consumer Affairs, there is no such oversight of backyard and rooftop use.“This legislation seeks to give community boards and local residents more input in their own neighborhoods,” said Millman. “Restaurants and bars would be allowed to continue using backyard and rooftop spaces after complying with the reasonable guidelines set forth in this bill.

In response to numerous complaints from constituents, I crafted this legislation to balance the needs of local residents with the objectives of neighborhood businesses.” Currently, A 11288 has been referred to the Assembly Committee for Economic Development.

Related Reading:

Outside Drinkers Could Face Early Last Drink (Wall Street Journal)

Call 311? No Lack Of Rules Governing Restaurants And Bars, But Agencies Not Enforcing Them

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