The Petition of the following citizens of the State of New York residing in the City of New York in Community Board 3 oppose the on-premise license for the rooftop of the Holiday Inn at 150 Delancey Street to an entity to be formed by Hank Fried and as applied: Food service and on-premise license, 50 Tables + 90 Seats, 1 Bar + 10 Seats, "Background music" with DJs and tapes/recorded music; Hours of Operation: Sun - Tues 11AM- 12AM; Wed - Fri 11AM - 2AM

Additionally, we object to any future plans to expand on-premise and food service to the rooftop citing the close and adjoined proximity to residential buildings on Suffolk, Delancy and Clinton Street.

The Petitioners, understanding this is a hotel, support any application for an interior restaurant located on the cellar floor serving food all hours of operation, with an occupancy for 74 persons or less , 1 television monitor, and any configuration tables, seats and 1 stand-up bar consistent with the original operators signed stipulations with exception to type of cuisine: 1) it will operate as a full-service American restaurant, with a kitchen open and serving food during all hours of operation, 2) its hours of operation will be from 6:30 A.M. to 12:00 A.M. all days, 3) it will have a closed fixed façade with no open doors or windows, 4) it will play ambient recorded background music and will not have DJs, live music, promoted events, scheduled performances or any events at which a cover fee will be charged, 5) it will not apply for any alteration in its method of operation without first appearing before Community Board #3, 16 6) it will not host pub crawls or party buses, 7) it will not have "happy hours," and 8) it will provide a telephone number for residents to call with complaints and immediately address any resident complaints.

We oppose these elements as applied for the interior cellar restaurant submitted by Hank Freid and tbd entity: "Entertainment music" with DJs and tapes/recorded music, Hours of Operation: Sun - Mon 7AM- 12AM; Tues - Fri 7AM - 3AM, 4 TVs& Happy Hours till 9PM

It is not in the public interest to permit an on-premise license, the expansion of food & beverage service or change in use for the rooftop which is in such close proximity to residential buildings. It is also not in the public benefit to allow more permissive terms for the interior cellar restaurant that would encourage the transformation of a hotel eatery into a late night lounge / club with DJs, multiple television screens, entertainment level music, late night hours, etc. in area not under served with late-night options to drink and already over-burdened with noise, traffic, and public safety issues.