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Board tells 109 Mulberry applicant to fix certificate-of-occupancy and occupancy-count discrepancies before liquor filing
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Summary
The committee pressed the applicant for 109 Mulberry to reconcile differing floor plans and occupancy figures with the Department of Buildings and ordered the applicant not to file with the liquor authority until the board has received corrected plans and proof of DOB approvals.
The Manhattan City Board Two SLA committee pressed the applicant for a full-liquor on-premises license at 109 Mulberry Street to resolve discrepancies between the submitted seating/occupancy figures and the building’s certificate of occupancy before the board will endorse any liquor filing.
Committee members said the application lists substantially more seats than appear on the temporary certificate of occupancy, and they flagged uncertainty about whether space labeled as a cellar, basement or mezzanine was properly accounted for. Chair Donna Raftery told the applicant she “counted a 106 seats on what you’re calling the Ground Floor” and showed the board’s concern that the applicant’s total exceeded the occupant limit documented on the temporary records.
Applicant counsel said the premises is under construction and that plans have been filed with DOB. The board requested an architect’s letter and DOB approvals to reconcile the differences and asked the applicant to confirm that the restaurant will not file with the liquor authority until the board has accepted corrected documentation. The chair explicitly told the applicant: “You will not file it with the liquor authority until you return to us.”
Why it matters: The board said final occupancy and a valid certificate of occupancy are necessary to assess safety, staffing needs and whether a full-liquor license is appropriate for the scale of the operation. Members also highlighted the public-interest consideration of introducing a large full-liquor venue into a block where neighboring businesses typically hold beer-and-wine restaurant licenses.
Next steps: The applicant agreed to consult the architect, obtain clarifying DOB documentation, and return next month with corrected occupancy figures and plans before any liquor-authority filing is recommended.
