It’s looking bleak for Death & Co.

By Julie Shapiro

Community Board 3 dealt another blow to bar and restaurant Death & Co. last week. The embattled lounge at 433 E. Sixth St. has come under fire from neighbors who oppose everything from its appetizer-stocked menu to its dark facade.

In a 26-7 vote, C.B. 3 on Feb. 27 denied Death & Co.’s liquor-license renewal. Reasons included noise complaints, improper garbage disposal and proximity to other bars. C.B. 3’s resolution is only a recommendation, and the final decision lies with the State Liquor Authority.

The day after the C.B. 3 meeting, Death & Co. closed for “spring cleaning,” according to a sign on the door first reported by Eater.com. Owner David Kaplan said Death & Co. needed the time for general maintenance, staff training and menu tweaking, and he expects to reopen within the week. Kaplan declined to comment on C.B. 3’s decision.

S.L.A. spokesperson Bill Crowley said Death & Co.’s liquor license expired on Feb. 28. Death & Co. can remain open, but cannot serve alcohol until the S.L.A. decides whether to renew the liquor license. The timetable for that decision is uncertain, Crowley said.

Kaplan was among several speakers advocating for Death & Co. at the C.B. 3 meeting. He brought 35 local supporters with him, along with evidence supporting his position, including menus, sales information, a petition with 167 signatures and an architect’s report.

When Kaplan and Ravi DeRossi bought the space — formerly Raga restaurant — about a year ago, Raga owners remained 1 percent shareholders in the business, allowing Death & Co. to keep Raga’s liquor license. C.B. 3 approved the transfer of the liquor license because the new owners portrayed Death & Co. as a full-service restaurant, not a bar.

DeRossi showed C.B. 3 food receipts to defend Death & Co.’s status as a restaurant.

“We’ve done exactly what we said we would do,” he said.

However, Death & Co.’s opponents questioned DeRossi’s evidence.

“I don’t care what food receipts they show,” said Joe Hurley, who lives above Death & Co. “They’re listed everywhere as a bar.”

The majority of C.B. 3 sided with Hurley and other neighbors who spoke, including members of nearby synagogue Anshe Meseritz. The resolution to deny the liquor-license renewal states that Death & Co.’s method of operation is inconsistent with the initial presentation as a restaurant.

“The community board saw through the bait-and-switch tactic that the new owners used in obtaining the liquor license,” Hurley said afterwards. “[The owners] misrepresented themselves unsuccessfully as good neighbors.”

The S.L.A. is currently investigating the matter. The C.B. 3 resolution also requests that the S.L.A. investigate Death & Co.’s proximity to synagogue Anshe Meseritz, at 415 E. Sixth St. Establishments within 200 feet of a house of worship cannot serve liquor.

If the S.L.A. sides with C.B. 3, Death & Co. could soon meet an untimely demise.