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Mercer Hotel seek sidewalk alcohol service; committee presses DOT waiver and earlier closing
Summary
Owners of the Mercer Hotel asked the committee to support adding alcohol service to a DOT sidewalk cafe; committee members pressed for written confirmation of a DOT waiver to allow service from outside the designated perimeter and proposed an earlier 11 p.m. closing during roll‑out.
Owners of the Mercer Hotel and representatives from Scott Sardiano Steakhouse asked the committee to endorse a municipal alteration to add liquor service to a planned sidewalk cafe on Mercer Street.
The applicant—9s attorney, Max Bookman of Pizetsky & Bookman, said the team had obtained what he described as a DOT "waiver" that would allow servers to deliver drinks from outside the sidewalk perimeter; he said DOT would provide applicants its usual signed-off email when it completed its internal review. "We have obtained a waiver from DOT," Bookman told the committee, adding the firm would share the DOT correspondence with the board.
Committee members pressed for documentary proof. Committee chair Donna Raftery asked when DOT would put the waiver in writing; committee member Cormac asked the applicant to provide the request and any response so the board could confirm exactly what DOT had approved. "Could you send us a copy of your request?" Cormac asked. The attorney agreed to provide the correspondence to the committee.
Members also objected to allowing late hours while a new sidewalk program is being rolled out citywide. Board members proposed an initial 10 p.m. closing for newly licensed outdoor seating while the city evaluates the program; the applicant—9s representatives said they would try to reach a compromise and noted hotel and restaurant economics. Scott Sardiano, the restaurateur, said earlier evening customers are important to keeping a small outdoor operation viable and offered to consider 11 p.m. as a compromise: "...I'm happy to meet in the middle and do it 11," he said.
Public comment was split. Laura Tenenbaum, speaking for neighborhood interests, warned that a DOT finding of "public interest" does not guarantee the State Liquor Authority will accept the same rationale and cited crowding on the block and building acoustics. Other public speakers raised noise and pedestrian circulation concerns. The committee told the applicant it wanted written DOT confirmation of any waiver and a clear stipulation of hours and operational rules before it would endorse the application.
This discussion did not record a formal vote in the transcript; the committee requested the applicant share the DOT correspondence and agreed to draft stipulations about hours, music, and operational limits to appear in the SLA application packet.
