The Zoning Board of Appeal today rejected a request from China Pearl, 9 Tyler St. in Chinatown for a live-entertainment permit, saying owner Brian Moy needs to first convince nearby residents the move won’t mean extra late-night noise, crowd and safety issues in the tightly packed neighborhood.
The restaurant currently uses its second and third floors – which also cover Moy’s neighboring Ruckus and Shojo – for weddings, receptions and other events roughly 40 times a year, but has to submit a separate application for each event to the Mayor’s Office of Consumer Affairs and Licensing.
Moy’s attorney, Adam Barnosky said that with approval from the zoning board, Moy would seek an annual entertainment license that would let him run the events without having to submit 40 applications a year.
But two Chinatown neighborhood associations and City Councilor Ed Flynn opposed the request, saying it could lead to even more events being hosted there, which could adversely affect nearby “working families” and elderly residents.
Barnosky said that the licensing office would set the latest time for events on the upper floors, but said it would be no later than the 2 a.m. currently allowed for liquor sales at China Pearl. The restaurant’s food-serving license allows it to stay open for just food and non-alcoholic drinks until 3 a.m.
Board member Norm Stembridge voted to deny the proposal without prejudice, which means that Moy could re-apply for a conditional-use permit within a year, after showing he had reached some sort of accommodation with nearby neighbors. Stembridge pointed to the prevalence of residents “who work long hours” and that any increase in activity in China Pearl’s upper floors “could be a detriment” to the neighborhood.
Stembridge’s motion was approved 5-2.