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B.A.D. Burger Owner Calls CB3 'Fascist' After Liquor License Rejection

By Julie Shapiro | January 10, 2012 8:17pm
B.A.D. Burger's Avenue A outpost opened recently near the corner of East 11th Street.
B.A.D. Burger's Avenue A outpost opened recently near the corner of East 11th Street.
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Flickr/gardenskate

EAST VILLAGE — No beer for you!

 B.A.D. Burger owner Keith Masco slammed Community Board 3 as "fascist" Monday night after the board's liquor license committee turned down his request for a beer and wine license.

Masco, who opened the 24-hour burger joint at 171 Avenue A in November, already called the community board "communist" after another failed license attempt in 2010, but on Monday he revised his opinion.

"They're not communists — they're fascists," Masco told reporters as he left Monday's meeting. "You can quote me on that."

More than half-dozen residents spoke out against B.A.D. Burger's beer and wine license at CB3's SLA Licensing Committee meeting Monday night, fearful that the eatery would only add to the neighborhood's noise problems.  

B.A.D. Burger is applying for a beer and wine license for its new Avenue A location.
B.A.D. Burger is applying for a beer and wine license for its new Avenue A location.
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B.A.D. Burger

Residents said B.A.D. Burger's block of Avenue A, between East 10th and 11th streets, is already saturated with nightlife. B.A.D. Burger's neighbors said they would rather see a different use for the space, like a hardware store.

"There's been consistent community opposition because of noise [and] safety concerns," said Alexandra Militano, chairwoman of CB3's SLA Licensing Committee, summarizing the public feedback.

Masco — who also owns Cienfuegos at Avenue A and East Sixth Street, and another B.A.D. Burger in Williamsburg — responded that his newest burger spot is a restaurant, not a bar, and that it will remain that way even if he receives a beer and wine license.

Masco added that he is providing an amenity for the neighborhood by offering 24-hour delivery service, along with vegetarian entrees and vegan brunch items.

"If you guys don't want another restaurant you can go to to have brunch — whatever," Masco said.

In the seven weeks that B.A.D. Burger's East Village location has been open, Masco explained he has struggled to do enough business to pay his $11,400 monthly rent. He said he hopes that serving beer and wine will improve his sales.

Masco said he spent more than $20,000 soundproofing B.A.D. Burger in an effort to be a good neighbor, but added he has little sympathy for those who believe Avenue A is too noisy.

"People don't move to Avenue A thinking they're going to have a quiet night's sleep," Masco said. "You can't live there and expect it's going to be quiet."

Masco also ran afoul of Board 3 when he tried to open a seafood market and restaurant at the same Avenue A space.

When the board rejected that application in 2010, Masco called the board members "communists," EV Grieve reported.

Community Board 3's opinion on liquor licenses is advisory. The State Liquor Authority will make the final decision on the license.