2014-10-30 Community Board 6 District Manager Letter of Support for The Gate
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THE CITY OF NEW YORK COMMUNITY BOARD SIX E r ic Adams Daniel M. K umm er Cr aig H ammer man Bor ough Pr esident Cha ir pers on District Mana ger 250 B alt ic St reet B rooklyn, New York 112 01-6401 www.B r ooklynC B 6.org t: (718) 643- 3027 f: (718) 624-8410 e: info@ B r ooklynC B 6.org October 30, 2014 To Whom It May Concern: I am writing in support of Bobby Gagnon with regard to a recent health code violation received by The Gate of 321 5 th Avenue, Brooklyn in my district for allowing a companion dog to accompany a patron onto the premises. The Gate was reportedly found to be in violation of section 81.25 of the City’s Health Code which states, “No live animal shall be kept, housed or permitted to enter into or remain in any food service establishment or non-retail food processing establishment. This section shall not apply to edible fish, crustacean, shellfish, fish in aquariums, seeing-eye dogs accompanying sightless persons, hearing or service dogs accompanying and assisting disable persons, or patrol dogs accompanying police officers.” (emphasis added) Section 81.03 (j) of the Health Code defines a food service establishment as, “a place where food is provided for individual portion service directly to the consumer whether such food is provided free of charge or sold, whether consumption occurs on or off the premises or is provided from a pushcart, stand or vehicle.” To the best of my knowledge, The Gate is not a food service establishment. It is a bar. If you are thirsty, they have an ample and impressive selection of libations to choose from. If you are hungry, you are out of luck. They do not make food. They do not prepare food. They do not serve food. They certainly do not “provide” food, a necessary condition of the definition of a food service establishment per Section 81.03(j). The most they can do for their hungry patrons is share a selection of assorted menus from other nearby bona fide food service establishments. Patrons can then order their own food, have it delivered or picked up, bring it into and eat it on the premises and, if they are civil about it, clean up after themselves. Any food found at The Gate is strictly outside food. It’s really not a hard concept. The Gate is a bar, not a food service establishment. Companion dogs contribute greatly to the environment at The Gate. It has a well-earned reputation for being a dog-friendly establishment. They have rules in place, which I have personally seen enforced, to ensure that dog owners are held responsible for their companions’ behavior. And the dog-friendly reputation extends well beyond local residents dropping in with their faithful companions. The Gate has generously opened their doors for some important non- profit organizations like Foster Dogs NYC, Pets for Park Slope and the Charles Henderson
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Community Board 6 District Manager Craig Hammerman wrote a letter to the Dept. of Health and Mental Hygiene in support of The Gate, a Park Slope bar that allows dogs.
Transcript of 2014-10-30 Community Board 6 District Manager Letter of Support for The Gate
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THE CITY OF NEW YORK COMMUNITY BOARD SIX
Eric Adams Daniel M. Kummer Craig Hammerman Borough President Chairperson District Manager
250 Baltic Street Brooklyn, New York 11201-6401 www.BrooklynCB6.org t: (718) 643-3027 f: (718) 624-8410 e: [email protected]
October 30, 2014 To Whom It May Concern: I am writing in support of Bobby Gagnon with regard to a recent health code violation received by The Gate of 321 5th Avenue, Brooklyn in my district for allowing a companion dog to accompany a patron onto the premises. The Gate was reportedly found to be in violation of section 81.25 of the Citys Health Code which states, No live animal shall be kept, housed or permitted to enter into or remain in any food service establishment or non-retail food processing establishment. This section shall not apply to edible fish, crustacean, shellfish, fish in aquariums, seeing-eye dogs accompanying sightless persons, hearing or service dogs accompanying and assisting disable persons, or patrol dogs accompanying police officers. (emphasis added) Section 81.03 (j) of the Health Code defines a food service establishment as, a place where food is provided for individual portion service directly to the consumer whether such food is provided free of charge or sold, whether consumption occurs on or off the premises or is provided from a pushcart, stand or vehicle. To the best of my knowledge, The Gate is not a food service establishment. It is a bar. If you are thirsty, they have an ample and impressive selection of libations to choose from. If you are hungry, you are out of luck. They do not make food. They do not prepare food. They do not serve food. They certainly do not provide food, a necessary condition of the definition of a food service establishment per Section 81.03(j). The most they can do for their hungry patrons is share a selection of assorted menus from other nearby bona fide food service establishments. Patrons can then order their own food, have it delivered or picked up, bring it into and eat it on the premises and, if they are civil about it, clean up after themselves. Any food found at The Gate is strictly outside food. Its really not a hard concept. The Gate is a bar, not a food service establishment. Companion dogs contribute greatly to the environment at The Gate. It has a well-earned reputation for being a dog-friendly establishment. They have rules in place, which I have personally seen enforced, to ensure that dog owners are held responsible for their companions behavior. And the dog-friendly reputation extends well beyond local residents dropping in with their faithful companions. The Gate has generously opened their doors for some important non-profit organizations like Foster Dogs NYC, Pets for Park Slope and the Charles Henderson
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250 Baltic Street Brooklyn, New York 11201-6401 www.BrooklynCB6.org t: (718) 643-3027 f: (718) 624-8410 e: [email protected]
Animal Rescue to use their establishment for fundraising, awareness-raising and other special events and activities. The Gate is truly a special neighborhood place. Bobby Gagnon has inculcated a public house spirit in this establishment which invites thoughtful discourse and offers a superior range of high-quality libations. In the interest of full disclosure I have organized and attended numerous meetings at The Gate largely because it so expertly resonates with the culture of the neighborhood. I hope that you will agree that this special place should be allowed to operate as it hasquite successfullyall these years. Being dog-friendly is an important part of that culture. In summary, to the best of my knowledge The Gate is not a food service establishment and therefore should not be subject to the provisions of Article 81 of the Health Code. The Gate is a reputable establishment which has been in operation for many years without any record of complaint or concerns being raised to my office. And The Gate acts as an important local gathering place where a wide range of causesfrom the most local to the most globalare discussed, debated and acted upon. For all of the above reasons I would encourage you to dismiss the subject health code violation and, furthermore, I would ask you to indicate in your ruling that since this is not a food service establishment it should not be subject to enforcement of Article 81 provisions by the Department of Health and Mental Hygiene in the future. Please do not hesitate to contact me if anything further is required. Respectfully Submitted by: / S / Craig R. Hammerman District Manager cc: Hon. Brad Lander Mark Caserta, Park Slope 5th Avenue Business Improvement District
