CB1 Stalls License For New Bouley Eatery

By Nick Pinto
POSTED MARCH 1, 2008

Chef David Bouley has three restaurants in Tribeca, and he expects to open a fourth this year—a 150-seat Japanese restaurant at 109 West Broadway. But opposition from some Community Board 1 members blocked his liquor license last month, stalling his plans.

Bouley withdrew his license request before the full community board could vote on it, partly because he was out of the country at the time, but also apparently because CB1’s Tribeca Committee had voted to recommend against it.

“There is a real and documented history of bad actions by this owner,” said CB1 member Julie Nadel on Feb. 13 when Bouley’s application came before the Tribeca Committee.

Nadel, who lives in the building where Bouley’s restaurant, Danube, is located, handed out thick stacks of photocopied news-clippings and court records about Bouley. She told of people being sickened by carbon-monoxide in a Bouley restaurant in 2006, and complained about car service vehicles double and triple parking outside his restaurants. She also referred to the fraud charge against Bouley by his insurance company.

The insurance controversy stemmed from a claim by Bouley for $2.2 million for lost business income after Sept. 11. His insurance company balked at the payout, noting that Bouley had failed to mention his $5.8 million contract with the Red Cross to feed recovery workers over the same period. The case was ultimately settled out of court.

Bouley, clearly taken aback by Nadel’s opposition, said she had a personal animosity towards him that dates back years. “There’s a lot of history between this woman and I, and it’s unfair to have a sort of witch-hunt,” he said.

More than 10 years ago Nadel, then president of the 16 Hudson Street co-op, refused to sign off on demolition plans for Bouley’s Danube restaurant in her building, saying the co-op wanted to review construction plans to head off possible problems for the building. 

Some on the board complained that Bouley has done little for the community. It was a charge that board member and fellow restaurateur Albert Capsouto disputed, noting that Bouley is providing food for an April Manhattan Youth fundraiser and is a Taste of Tribeca “charter member.” “There are a number of problems that have to be resolved, but he will hear it and he will resolve it,” he said.

CB1 member Marc Ameruso disagreed. “As we always say, a liquor license is a privilege and not a right. If someone is a bad neighbor, we shouldn’t approve it.”

Bouley said he could produce a “long list” of contributions to the community, and objected to what he said was the personal tone of the meeting.

“I really don’t understand how everyone can have all these personal opinions about who I am without me having a chance to defend myself,” he said. “I’m very disappointed in this process.”

Bouley’s lawyer, Warren Pesetsky, noted that Bouley had never received a liquor license violation.

“He’s not a bar, he’s not a club, he closes at reasonable hours, and that’s the real issue for a community board, not whether there are personality conflicts or if he had a fight with his insurance company,” Pesetsky said. “That’s not the business of the community board.”

CB1 member Bruce Ehrmann said the issues raised by Nadel troubled him. But, he added, “I can’t deny I’ve had good meals there from time to time.”

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