Public Safety & Quality of Life

WHEREAS, HEARTLAND BREWERY HOLDINGS LTD. ("Applicant") has notified Community Board Five of its intention to apply for a new on premises liquor license for a new ground floor and basement restaurant located at 38 West 26th Street (between Broadway and Sixth Avenue), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 4000 square feet on the ground floor of raw space, and an additional 1500 square feet in the basement; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 33 tables, 160 seats, and 21 bar stools, with a full kitchen; and

WHEREAS, The total capacity of the Premises is approximately 190; and

WHEREAS, The Premises includes 1 patron bar and 1 service bar; and

WHEREAS, Although it will be operated by a subsidiary of the familiar "Heartland Brewery" restaurants, this venue shall not have the same method of operation as those restaurants; and

WHEREAS, The not yet named operation will be operated as a quiet Mexican-style restaurant; and

WHEREAS, The Applicant has agreed that Applicant shall:

1. agree to keep the establishment exclusively as a restaurant, with hours of operation from 11am to 12:30am Sun-Wed; 11am-1:30am Thu-Sat;

2. agree to close the French doors opening to the street by 10pm Sunday-Thursday and 11pm Friday & Saturday;

3. not apply for a cabaret license or a sidewalk cafe;

4. not hire outside promoters;

5. not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only;

6. agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

7. at all times take reasonable steps to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use reasonable efforts to clear the area immediately outside the Premises of all patrons immediately after closing;

8. not utilize an exterior "velvet rope" door policy nor allow external queuing for entrance;

9. meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Jon Bloostein ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, While we are aware that some members of the public are concerned about the general proliferation of licensed establishments on this block, none appeared to object to this application; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, Community Board Five recommends denial of the application by HEARTLAND BREWERY HOLDINGS LTD. for a new on premises liquor license at 38 West 26th Street (between Broadway and Sixth Avenue), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, ROBERT FLUET, MICHAEL HEARNER AND DAVID ASH, on behalf of an entity to be formed, ("Applicant") has notified Community Board Five of its intention to apply for a new on premises liquor license for a new restaurant/bar located at 215 West 40^th Street (between Seventh and Eighth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,300 square feet on the ground floor and outside courtyard of useable public space, and an additional 198 square feet to be used only for offices and storage; 923 square feet on the mezzanine floor of useable public space, and an additional 200 square feet to be used only for storage; 1,914 square feet on the below ground floor of useable public space, and an additional 660 square feet to be used only for kitchen and storage; and

WHEREAS, The Premises will be operated exclusively as a restaurant/bar, with a total of approximately 61 tables, 188, seats, and 20 bar stools, with a full kitchen; and

WHEREAS, The total capacity of the Premises is 348; and

WHEREAS, The Premises includes 2 patron bar and no service bars; and

WHEREAS, The Applicant has agreed that Applicant shall:

1. agree to operate the Premises exclusively as a restaurant/bar, with hours of operation Sunday through Wednesday from 11:00 AM to 2:00 AM, Thursday through Saturday from 11:00 AM to 4:00 AM;

2. not apply for a cabaret license or a sidewalk cafe;

3. be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part): (i) at all times Licensee shall remain responsible for and in complete control of the Premises and its patrons and (ii) all material positions of operation shall be the employees of the Licensee at all times;

4. maintain security personnel at all times at a ratio of (1) guard per up to 75 persons to maintain order both inside and outside of the Premises, take reasonable steps to ensure that patrons enter and leave the Premises and 40th Street in a peaceful, quiet and respectful manner; discourage patrons from congregating outside the Premises; and use reasonable efforts to have the area immediately in front of the premises on 40th Street cleared of all patrons within one-half hour of closing. Security personnel shall be employees of Licensee, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Licensee;

5. exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Licensee has an employee responsible for maintaining the orderliness of patrons;

6. maintain an outdoor smoking area in the courtyard of the Premises, provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, and will encourage its customers to use that area for smoking and cell phone use and shall discourage customers from loitering outside the Premises on 40th Street;

7. encourage idling cabs or stopped cars to continue to move on in an attempt to mitigate traffic during restaurant/bar operations after 10PM on all nights; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the Restaurant/Bar ownership or management ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), such transferring party shall notify CB5 of such intent and shall require any potential transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Robert Fluet, Michael Hearner and David Ash ever contemplate a transfer of their interest in Applicant so that they do not have a controlling management interest in Licensee ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, Mr. Fluet is an operator well known to CB5, with an existing operation in good standing in our district; and

WHEREAS, No members of the public appeared to object to this application; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, Community Board Five recommends denial of the application by ROBERT FLUET, MICHAEL HEARNER AND DAVID ASH, on behalf of an entity to be formed, for a new on premises liquor license for a new restaurant/bar located at 215 West 40^th Street (between Seventh and Eighth Avenues), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, Steven Kamali, on behalf of SIXTH AVENUE RESTAURANT MANAGEMENT LLC ("Applicant") has notified Community Board Five of its intention to apply for a transfer of an existing on-premises liquor license for the ground floor restaurant (at this time called FOODPARC, future name to be determined) located at 845 Avenue of the Americas, New York, New York, and the second floor restaurant (at this time called BAR BASQUE, future name to be determined) located at 839 Avenue of the Americas, New York, New York and outdoor ground floor premises described below (the "Premises"); and

WHEREAS, The Premises is part of the Eventi Hotel; and

WHEREAS, The Premises consists of approximately 6,049 square feet of indoor space on the ground floor and 13,328 square feet of indoor space on the second floor, totaling approximately 22,972 square feet including outdoor space; and

WHEREAS, The Premises includes approximately 64 linear feet of outdoor tables and chairs immediately adjacent to the ground floor of the restaurant (the "Plaza Tables"), and approximately 3,595 square feet of terrace space (with a retractable roof) on the second floor (the "Terrace"); and

WHEREAS, The Premises will be operated exclusively as a restaurant, diner/coffee shop, bar, and event space, with a maximum occupancy as contained in its public assembly permit; and

WHEREAS, The Premises will include 2 patron (stand-up) bars (one, in the former FoodParc, name t/b/d, and one, in the former Bar Basque, name t/b/d), and

WHEREAS, The Applicant has agreed that Applicant shall:

1. Operate 2nd floor, formally Bar Basque, as a restaurant with bar and dining service only, catering to Hotel guests and the general public. Private parties shall be deemed included in Restaurant Use but regular and recurring promoter-driven events are specifically excluded from Restaurant Use;

2. Restrict the use of Plaza Tables to persons purchasing food or beverage from formerly FoodParc; the consumption of liquor at Plaza Tables shall be permitted only by table service by employees of the Premises; the consumption of wine and beer at Plaza Tables shall be permitted by table service or by persons purchasing those products inside the Premises; and monitored by security as to ensure no alcohol service beyond the Plaza Tables area, which will be delineated by a white line.

3. No unenclosed portion of the Terrace and no Plaza Tables shall be used later than 10 P.M., Sunday through Wednesday nights, and Midnight, Thursday through Saturday nights. Moreover, the retractable roof shall be closed at 10 P.M. Sunday through Wednesday, and Midnight Thursday through Saturday, to accommodate late dining on the Terrace after those hours. Patrons shall not be permitted on any unenclosed portion of the Terrace after those hours;

4. Maintain appropriate security personnel in and in front of the Premises at all times to (i) maintain order both inside and outside of the Premises; (ii) encourage patrons to enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises; and (iv) use reasonable efforts to clear the area outside the Premises of all patrons immediately after closing. Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant;

5. Retain a qualified sound designer to survey the Premises and surrounding buildings to recommend the installation of a sound system and speakers to be used when the Terrace roof is both closed and retracted, and to operating the sound system in compliance with all applicable laws and ordinances governing same; and install an electronic limiter so as not to exceed decibel levels;

6. At the Applicant's option, to have a live DJ playing music in the interior spaces only;

7. Prohibit dancing at the Premises at all times, except in connection with private events;

8. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

9. Discourage customers of the Premises from loitering outside the Premises at any time;

10. Arrange for private garbage pick-up and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

11. Reasonably comply with and adhere to the plans for the operation of the business, as set forth herein;

12. Meet with neighbors and CB5, if requested, upon reasonable notice, and shall, so long as same is not abused, and calls to said manager or owner are respectfully made, provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Until such time as approved by CB5 and Department of City Planning, there will be no changes made to the Plaza design, elements including the media screen, and no sound is permitted in the programming of the big screen; and

WHEREAS, Applicant agrees to meet regularly with CB5, if requested to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, A large number of members of the public appeared regarding this application and were satisfied by the conditions and stipulations herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, Community Board Five recommends denial of the application by SIXTH AVENUE RESTAURANT MANAGEMENT LLC for a transfer of an existing on-premises liquor license for the ground floor restaurant (at this time called FOODPARC, future name to be determined) located at 845 Avenue of the Americas, New York, New York, and the second floor restaurant (at this time called BAR BASQUE, future name to be determined) located at 839 Avenue of the Americas, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 34 in favor; 1 opposed; 1 abstaining.

WHEREAS, Robert Pereira, on behalf of Roscommon Enterprises, Inc., ("Applicant") has notified Community Board Five of its intention to renew an existing cabaret license for the ground floor and mezzanine nightclub/event space doing business as "Crimson", located at 915 Broadway (at 21st Street), New York, New York (the "Premises"); and

WHEREAS, The Premises is in Community Board Five's Restricted Licensing Area; and

WHEREAS, The Applicant and method of operation at the Premises are existing and in good standing in CB5 and are thereby grandfathered under CB5's Policy on the Restricted Licensing Area, and

WHEREAS, The Premises consists of approximately 14,000 square feet of space on the Ground Floor and Mezzanine and that the basement is to be used only for storage and offices; and

WHEREAS, The Premises has a public assembly valid for the entire establishment with a maximum occupancy of 824 people (patrons and employees); and

WHEREAS, The Premises will be operated predominantly as a Nightclub / Event Space with three patron bar(s) and 1 service bar(s) and a total of 42 tables and 36 banquettes for a total of 599 patrons standing and 225 patrons seating, and

WHEREAS, The Applicant has agreed that Applicant shall:

1. operate the Premises as a Nightclub / Event Space with seating and standing areas;

2. be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part): (i) at all times Licensee shall remain responsible for and in complete control of the Premises and door policy and its patrons and (ii) all material positions of operation shall be the employees of the Licensee at all times;

3. maintain business hours of Premises' operation with a 4:00AM closing time from Monday through Sunday;

4. maintain security personnel at all times at a ratio of (1) guard per up to 50 persons to maintain order both inside and outside of the Premises, ensure that patrons enter and leave the Premises and Broadway and 21st Street in a peaceful, quiet and respectful manner; discourage patrons from congregating outside the Premises; and use best efforts to have Broadway and 21st Street cleared of all patrons within one-half hour of closing. Security personnel shall be employees of Licensee, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Licensee;

5. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

6. exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Licensee has an employee responsible for maintaining the orderliness of patrons;

7. maintain an outdoor smoking area in front of the Premises, provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, and will encourage its customers to use that area for smoking and cell phone use and shall discourage customers from loitering outside the Premises on 21st Street and Broadway; with smoking area to be monitored by a security presence after 10PM on all nights;

8. actively clean the exterior surrounding the premise after nights in which the Nightclub is in operation and arrange for private garbage pick up and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

9. meet with neighbors and CB5 on a regular basis if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community;

10. encourage idling cabs or stopped cars to continue to move on in an attempt to mitigate traffic during Nightclub operations; and

WHEREAS, Should Licensee ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Licensee shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Robert Pereira ever contemplate a transfer of his interest in Licensee so that he does not have a controlling management interest in Licensee ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, No members of the public objected to this application; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, Community Board Five recommends denial of the application by Roscommon Enterprises, Inc., to renew an existing cabaret license for the ground floor and mezzanine nightclub/event space doing business as "Crimson", located at 915 Broadway (at 21st Street), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, HOSPITALITY RESTAURANT CORP. ("Applicant"), has notified Community Board Five of its intention to apply to alter its existing on premises liquor license for the ground floor restaurant known as "Nasha Rasha" located at 4 West 19^th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of 1,636 square feet of space on the ground floor, and the basement is to be used only for storage, bathrooms, offices and possible prep area; and

WHEREAS, The Premises is operated as a first class restaurant, with 14 tables and 52 seats (including banquette seating) in the dining area and, in the bar/lounge area, 9 bar stools, (including banquette seating), 4 seats in the waiting area; and

WHEREAS, The Premises is located within CB5's Restricted Licensing Area and the operation complies with the requirements related thereto; and

WHEREAS, Applicant wishes to make the following alterations to its method of operation:

have a live violinist or pianist only, and between the hours of 6pm to midnight only;
have a karaoke machine on Mondays and Tuesday only, and between the hours of 7pm and midnight only but not alter the design or scheme of the restaurant in any way to accommodate the karaoke machine; and

WHEREAS, The Applicant has agreed that Applicant shall:

a. operate the Premises as a first class restaurant with seated bar and dining service only, with use as a lounge only ancillary to such restaurant use (collectively, "Restaurant Use"). Private parties shall be deemed included in Restaurant Use but promoter-driven events are specifically excluded from Restaurant Use.

b. not use any promoters at any time;

c. stop serving alcohol and food at the following times:

Sunday no later than 12:00 Midnight
Monday no later than 12:00 Midnight
Tuesday no later than 12:00 Midnight
Wednesday no later than 12:00 Midnight
Thursday no later than 1:00 AM
Friday no later than 1:00 AM
Saturday no later than 1:00 AM

d. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

e. charge no cover to enter the restaurant at any time;

f. have background music, and in no event shall a DJ, or dancing ever be permitted at the Premises, except as specifically provided for herein;

g. have a live violinist or pianist only, and between the hours of 6pm to midnight only;

h. have a karaoke machine on Mondays and Tuesday only, and between the hours of 7pm and midnight only;

i. not alter the design or scheme of the restaurant in any way to accommodate the karaoke machine;

j. not utilize an exterior "velvet rope" door policy. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

k. arrange for private garbage pick-up and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

l. meet with neighbors and CB5 on a regular basis if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, No members of the public appeared to object to this application; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Kris Senevi ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, Community Board Five recommends denial of the application by HOSPITALITY RESTAURANT CORP. to alter its existing on premises liquor license for the ground floor restaurant known as "Nasha Rasha" located at 4 West 19^th Street (between Fifth and Sixth Avenues), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, FLATS AVALON IRON GROUP INC. (d/b/a "Retreat"), has notified Community Board Five of its intent to apply for a corporate change to the existing on premises liquor license for a bar/lounge located at 37 West 17th Street (between Fifth and Sixth Avenues), new York, New York (the "Premises"); and

WHEREAS, The Premises is comprised of 2,200 square feet of space on two floors; and

WHEREAS, Without informing the New York State Liquor Authority or Manhattan Community Board Five, the Applicant changed its method of operation by increasing legal capacity of the Premises from 74 patrons to 120 patrons; and

WHEREAS, The principal of the Applicant, Peter Grupinski, stated that he has already taken over control of the Premises three (3) months ago, without notifying the New York State Liquor Authority or Manhattan Community Board Five; and

WHEREAS, The transaction described by Applicant is a transfer and Applicant is masquerading a transfer as a corporate change; and

WHEREAS, Mr. Grupinski has no experience or qualifications necessary to possess a liquor license or operate a liquor licensed establishment, especially one with such a long, troubled history; and

WHEREAS, Numerous neighboring residents testified with complaints of overcrowding, overflow of clientele into the street and sidewalk, violence, and general mayhem surrounding the operation of the Premises; therefore be it

RESOLVED, Community Board Fiverecommends DENIAL of the application by FLATS AVALON IRON GROUP INC. for a corporate change to the existing on premises liquor license for a bar/lounge located at 37 West 17th Street (between Fifth and Sixth Avenues), New York, New York; and be it further

RESOLVED, Community Board Five requests special enforcement action by the State Liquor Authority to abate the nuisance caused to the community by this licensed operation.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, WIN ENTERTAINMENT SYSTEMS LTD ("Applicant") has notified Community Board Five of its intention to apply for a new on premises liquor license for the restaurant and lounge located at 54 West 39^th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 4,500 square feet on the ground floor of useable public space, of which approximately 2,250 square feet will be for patron use, a mezzanine of 500 square feet, and an additional 2,250 square feet in the basement; and

WHEREAS, The Premises will be operated exclusively as a restaurant, bar and lounge, with a total of approximately 15 tables, 72 seats, and 15 bar stools, with a full electric kitchen; and

WHEREAS, The total capacity of the Premises is currently 74, until such time as the applicant is granted a public assembly, at which point the capacity shall not exceed 150 exclusive of employees; and

WHEREAS, The Premises includes 1 patron bar and 1 service bar; and

WHEREAS, The Applicant has agreed that Applicant shall:

a. not utilize an exterior "velvet rope" door policy nor allow external queuing for entrance;

b. agree that the method of operation remain an upscale, full-service restaurant, bar and lounge with hours of operation Monday through Sunday 5pm until 4am;

c. not apply for a cabaret license or a sidewalk cafe;

d. not hire outside promoters;

e. agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

f. will send Community Board Five a copy of the Food Service Plans as soon as they become available;

g. at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing;

h. meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community; and

WHEREAS, No members of the public appeared to object to this application; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Joseph Vicari or Wally Abdulla ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, Community Board Five recommends denial of the application by WIN ENTERTAINMENT SYSTEMS LTD for a new on premises liquor license for the restaurant, bar and lounge located at 54 West 39^th Street (between Fifth and Sixth Avenues), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, Vincent Avena, on behalf of Anthony Luke LLC ("Applicant"), has notified Community Board Five of its intention to apply for renewal of an on premises liquor license for the restaurant known as "Parlour Midtown" located at 247 West 30^th Street (between Seventh and Eighth Avenues), New York, New York (the "Premises"); and

WHEREAS, Applicant has notified Community Board Five of its intention to apply for a cabaret license from the New York City Department of Consumer Affairs; and

WHEREAS, The Premises was initially licensed as a quiet restaurant with maximum occupancy of 74 persons; and

WHEREAS, Over time, without notifying Community Board Five or the New York State Liquor Authority, the Applicant has changed the method of operation at the Premises from a quiet restaurant with maximum occupancy of 74 persons, to a club with live music and a disk jockey, and an (illegal) cabaret, with a proposed occupancy of 325 persons; and

WHEREAS, The CB5 office has received various complaints regarding disturbances at the Premises; and

WHEREAS, Numerous residents from the area surrounding the Premises appeared at the February 22^nd meeting of the PSQL Committee and testified to the unbearable nuisance caused by the operation at the Premises including regular screaming, fights, overcrowding, and general mayhem in and about the Premises, resulting in police reports and calls to 311; and

WHEREAS, Inspector Dennis DeQuatro, Commanding Officer of the Midtown South police precinct, submitted a written report to the Committee, itemizing the following violations against the operation at the Premises:

October 24, 2010 - Parlour is cited for a total of four (4) violations associated with employing "Unlicensed Security Guards"

January 23, 2011 - Parlour is cited with a total of nine (9) violations:

§ Disorderly Premise - Marihuana smoking inside of the establishment

§ Unlicensed Cabaret

§ Failure to Produce Place of Assembly Permit

§ Over-Crowded w/o Public Assembly his legal occupancy is a maximum of 74 people. He has approximately 391 people (actually counted by the police).

§ Unlicensed 2nd Bar (Bar on second floor) - he was using it as other than a Service bar.

§ Two (2) violations for failing to post various "Warning" signs

§ Two (2) Health Code violations for improper storage of food preparation materials and contaminated alcohol.

January 29, 2012 - cited for four (4) violations:

§ Unlicensed Cabaret

§ Three (3) violations associated with employing "Unlicensed Security Guards".

February 10, 2012 - cited for "Sale of Alcohol to a Person Under 21 Years of Age"

February 19, 2012 -

- - Unlicensed Cabaret
  - Cited for actions contrary to Method of Operation (i.e. not operating as a restaurant); and

WHEREAS, Sergeant Matthew Griffin, an officer at the Midtown South police precinct, appeared at the February 22^nd meeting of the PSQL Committee and testified that he personally observed many of the above conditions at the Premises; and

WHEREAS, It is a rare and extreme occurrence that we, at Community Board Five, see an Applicant with such blatant disregard for the law and such a long history of repeated and serious violations including (i) underage drinking, (ii) drug use in the premises, (iii) overcrowding, (iv) repeated unlicensed cabaret, (v) operating an unlicensed bar, and (vi) numerous and continuous violations for unlicensed security guards; and

WHEREAS, Applicant's irresponsible and illegal operation of the venue has created a nuisance to the area surrounding the Premises; and

WHEREAS, Members of the community report that there is a serious and significant adverse impact on the community by this operation; therefore be it

RESOLVED, Community Board Five recommends denial of the application by Anthony Luke LLC for renewal of an on premises liquor license for the restaurant known as "Parlour Midtown" located at 247 West 30^th Street, New York, New York; and be it further

RESOLVED, Community Board Five recommends denial of the application by Anthony Luke LLC for a cabaret license from the New York City Department of Consumer Affairs for the restaurant known as "Parlour Midtown" located at 247 West 30^th Street, New York, New York.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, Yun Seok Kim, on behalf of Hung Dae Ip Ku Corp. ("Applicant"), has notified Community Board Five of its intention to renew an existing on-premises liquor license for the 2^nd Floor restaurant located at 25 West 32nd Street (between Fifth Avenue and Broadway), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of 3,940 square feet of space on the second floor; and

WHEREAS, The Premises is operated predominantly as a first class restaurant, with 100 seats comprised of 22 tables with 88 seats, and 12 bar stools; and

WHEREAS, Although the second means of egress serving the Premises was blocked by boxes at the time of our inspection, there are two means of egress from the Premises which appeared to be adequate; and

WHEREAS, Although his building does not have a Certificate of Occupancy because it was built prior to 1938, the Applicant has agreed to obtain a "Letter of No Objection" from the New York City Department of Buildings, stating that the DOB does not object to the use of the Premises for this operation specifically on the 2^nd floor; and

WHEREAS, Although the Premises does not have the required Public Assembly permit to allow occupancy by more than 74 persons, the Applicant has agreed to apply for a Public Assembly permit; and

WHEREAS, Applicant has agreed that Applicant shall

operate the Premises with the number of occupants limited to 74 persons until or unless:

i. the Applicant provides a Public Assembly permit from the Department of Buildings with appropriate drawings showing proper unimpeded egress for 100 persons;

Or

ii. the Applicant receives a Letter of No Objection from the Depart-ment of Buildings granting permission for use of the Premises and specifying that the number of occupants may exceed 74 but not more than 100 persons; and

ensure that the Premises will contain and the Applicant shall maintain a minimum of two (2) egress paths suitable for the number of occupants and ensure that the fire escape egress is accessible and free of obstacles in the Premises and at the foot of the fire escape; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should YUN SEOK KIM ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, Although the public remains concerned about the density of licenses in this area, no members of the public expressed opposition to the application; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, Community Board Five recommends denial of the application by Hung Dae Ip Ku Corp. to renew an existing on-premises liquor license for the 2^nd Floor restaurant located at 25 West 32nd Street (between Fifth Avenue and Broadway), New York, New York unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, The New York State Liquor Authority (SLA) has the jurisdiction to issue on-premises licenses according to the Alcoholic Beverage Control (ABC) Laws, and is responsible for enforcing those laws; and

WHEREAS, Community Boards in Manhattan review and offer guidance to the SLA about the potential impact of a license on public safety and quality of life in our neighborhoods; and

WHEREAS, All licenses include a Method of Operation which defines the specific terms for how an establishment will be run and are legally enforceable; and

WHEREAS, Community Boards, as part of their review process, often negotiate stipulations with applicants in order to clearly define what is and isn't allowed including hours, the music system (e.g. whether it is recorded, DJ or live), soundproofing requirements, security procedures, use of outdoor space, how the entrances will be managed, and other considerations; and

WHEREAS, The existence and enforcement of such stipulations are generally viewed by the local community as key factors in determining whether bar and restaurant establishments are acting as good neighbors; and

WHEREAS, These stipulations form the basis for the Method of Operation and therefore dictate the terms of the overall operating license; and

WHEREAS, Representatives from the SLA have stated repeatedly that they depend on Community Boards and members of the public to alert them to problem locations, so they can address the issues and deploy their limited enforcement resources effectively; and

WHEREAS, Currently, there is no easy way to find out the specific rules for any establishment because this information is only available to the public if they file a request under the Freedom of Information Act, which makes it onerous and time-consuming for members of the general public to know whether a bar or restaurant is in compliance with the terms of their operating license; and

WHEREAS, As a courtesy, the SLA honors Community Board requests for information but it is a burdensome and slow process; and

WHEREAS, Even the local police precincts do not have real-time access to this information which makes it difficult, if not impossible, for an officer to enforce the terms of an operating license when responding to a complaint; and

WHEREAS, Every SLA license is legally available to any citizen who makes a request and should be readily accessible online; therefore, be it

RESOLVED, Community Board Five urges the SLA to reform its public information system to make the Method of Operation for every license available online; and be it further

RESOLVED, Community Board Five urges the SLA to require operators of nightlife establishments to post the Method of Operations in a publicly accessible location on premises or make it readily available upon request; and be it further

RESOLVED, Community Board Five urges New York State elected officials to take the necessary steps to support this important reform.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, RELAXED SPACE CORP. ("Applicant") has notified Community Board Five of its intention to apply for renewal of an existing on premises liquor license for the bar located at 37 West 26^th Street (between Broadway and Sixth Avenue), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of 2,100 square feet of indoor space on the ground floor; and

WHEREAS, The Premises is operated exclusively as a bar, with a total of 60 tables and 20 bar stools, with a partial kitchen serving prepared foods only; and

WHEREAS, The total capacity of the Premises is 190; and

WHEREAS, The Premises includes 1 patron bar and no service bars; and

WHEREAS, The Applicant has agreed that Applicant shall:

a. agree to keep all exterior doors closed after 11pm every night of the week, especially in the summer, keeping them closed for the remainder of the night, with no exceptions;

b. instruct management and security personnel to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet, and respectful manner; (iii) discourage patrons from congregating outside the Premises, (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing (exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons); and (v) report any neighborhood complaints immediately to senior staff;

c. set lower maximum levels for the sound system of the premises and direct speakers to face away from exterior doors;

d. require all promoters or DJs to use the house sound system and not their own;

e. provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community, and to agree to meet with neighbors and CB5 if requested;

f. strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and

WHEREAS, No members of the public expressed opposition to the application; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Anthony Pace ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by RELAXED SPACE CORP. for renewal of an existing on premises liquor license for the bar located at 37 West 26^th Street (between Broadway and Sixth Avenue), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, PARK STONE VENTURE LTD ("Applicant") has notified Community Board Five of its intention to apply for a new on premises liquor license for the bar, restaurant, and event space, with outdoor roof deck located at 47 East 29th Street (between Madison Avenue and Park Avenue South), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 5000 square feet of space on the 1st floor, 2nd floor, rooftop and basement (which basement is to be used only for storage and offices); and

WHEREAS, The Premises has a public assembly valid for the entire establishment with a maximum occupancy of 208 people (patrons and employees); and

WHEREAS, The Premises will be operated predominantly as a bar /restaurant / event space with one patron bar on the first floor with 26 bar stools and 10 tables for dining, one patron bar on the second floor with 8 bar stools and 15 tables for dining, and 15 tables on the rooftop deck, for a total of 164 seats; and

WHEREAS, The Premises is currently operated as "Red Sky", an operation which has been problematic to the community and the current applicant proposes a new method of operation which would be less problematic; and

WHEREAS, The Applicant has agreed that Applicant shall:

a. operate the Premises as a bar / restaurant / event space with seating and standing areas and use no promoters except for special occasions such as Halloween and New Year's Eve;

b. be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part): (i) at all times Licensee shall remain responsible for and in complete control of the Premises and its patrons and (ii) all material positions of operation shall be the employees of the Licensee at all times;

c. maintain business hours of Premises' indoor operation with a 2:00AM closing time from Sunday through Tuesday;

d. maintain business hours of Premises' indoor operation with a 4:00AM closing time from Wednesday through Saturday;

e. maintain business operations in strict accordance with the CB5 Rooftop/Rear Yard On- Premise Liquor License Policy and Procedure which specifically states the Premises' closing of the rooftop deck completely at 10:00PM Sunday through Thursday, and 11:00PM on Friday and Saturday;

f. maintain security personnel at all times at a ratio of (1) guard per up to 50 persons to maintain order both inside and outside of the Premises, ensure that patrons enter and leave the Premises and 29th Street in a peaceful, quiet and respectful manner; ensure that patrons exit the roof at the designated closing time; discourage patrons from congregating outside the Premises; and use best efforts to have 29th Street cleared of all patrons within one-half hour of closing. Security personnel shall be employees of Licensee, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Licensee;

g. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

h. have iPod or similarly produced music, and in no event shall live music or dancing ever be permitted at the Premises. A DJ shall be permitted for Private Events or if the Community Board is notified in advance;

i. Strictly comply with all recommendations made by ACOUSTILOG Inc. in their proposal dated December 19, 2011;

j. not utilize an exterior "velvet rope" door policy and charge no cover; Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Licensee has an employee responsible for maintaining the orderliness of patrons;

k. maintain an outdoor smoking area in front of the Premises, and to the East towards the corner of 29th Street and Park Avenue, provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, and will encourage its customers to use that area for smoking and cell phone use and shall discourage customers from loitering outside the Premises on 29th Street; with smoking area to be monitored by a security presence after 11pm on all nights;

l. arrange for private garbage pick-up and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

m. meet with neighbors and CB5 on a regular basis if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community and

WHEREAS, All concerns regarding the operation expressed by members of the public were addressed and resolved by the applicant to the satisfaction of the public and the committee; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Ronan Downs ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Park Stone Venture LTD for a new on premises liquor license for the bar, restaurant, and event space with outdoor roof deck, located at 47 East 29^th Street (between Madison Avenue and Park Avenue South), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, Howard Brunner, on behalf of Ardent Supporter, LLC ("Applicant"), has notified Community Board Five of its intention to apply for the transfer of an existing on premises liquor license for the restaurant located at 50 West 22nd Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 1,800 square feet on the ground floor and approximately 900 square feet in the basement for storage use; and

WHEREAS, The total capacity of the Premises is 74; and

WHEREAS, The Premises includes 1 patron bar and no service bars; and

WHEREAS, The Premises is an existing operation located within CB5's Restricted Licensing Area, currently operated as an innocuous restaurant with existing hours of operation Mon 11 am - 10 pm, Tue-Sat 11 am - 11 pm, and Sun 11 am - 8 pm; and

WHEREAS, The Applicant seeks to reconfigure the Premises with 22 tables, 54 chairs, and 9 bar stools; and

WHEREAS, The Applicant seeks to change the method of operation at the Premises to rely heavily on a bar/lounge operation with late night hours of operation; and

WHEREAS, The location of the Premises is in an area of extreme conflicting interests between a particularly high-density residential population and a particularly high-density of liquor licensed establishments; and

WHEREAS, The location surrounding the Premises suffers from extreme noise, vehicular and pedestrian congestion, litter, traffic problems, and belligerent crowds, as well as vandalism and incidents of violence, making the area inhabitable for the residential population of the area; and

WHEREAS, For over a decade, CB5 has been attempting to manage the extreme conflict of interest between residents and licensed establishments at this location so that the two may co-exist; and

WHEREAS, CB5 has found that limiting a business's hours of operation is the single most effective restriction in establishing the appropriateness of an operation for this area, and should be the primary restriction asked of an applicant; and

WHEREAS, Despite weeks of discussion, the Applicant has refused to agree to a method of operation with hours of operation appropriate for this location; and

WHEREAS, Despite extensive attempts at negotiation during the Committee hearing, the Applicant remains uncooperative and intransigent regarding its hours of operation; and

WHEREAS, Quality of life at this location directly depends on the appropriateness of the method of operation and operating hours of liquor licensed establishments that must coexist with the dense residential population above, adjacent, and all around these establishments; and

WHEREAS, Because of the Applicant's refusal to tailor its method of operation to be compatible with the particular needs of this location, CB5 finds that granting the transfer of the existing liquor license for the Premises is NOT in the public interest; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the application by Ardent Supporter, LLC for the transfer of an existing on premises liquor license for the restaurant located at 50 West 22nd Street (between Fifth and Sixth Avenues), New York, New York.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, RP/HH MILFORD PLAZA OWNER, LP ("Applicant") has notified Community Board Five of its intention to apply for a new liquor license for the rooftop bar located at 700 Eighth Avenue (between 44^th and 45^th Streets), New York, New York (the "Premises"); and

WHEREAS, The Premises includes approximately 3,100 square feet on the rooftop of useable public space of which 1,400 square feet is enclosed, which includes one patron bar; and

WHEREAS, The Premises will be operated exclusively as a dining room/lounge and private event space, with approximately 6 tables inside and 10 tables outside, 36 seats inside (including 9 bar stools) and 25 seats outside, all outside seats to be in the area marked "South Bar" with none in the area marked "North Bar", which includes lounge seating, serviced by the hotel manager or a third party operator yet to be determined; and

WHEREAS, The total capacity of the Premises is 74; with any higher capacity requiring the filing of Place of Assembly Certificate of Operation with the DOB; and

WHEREAS, The Applicant has agreed that Applicant shall:

1. agree to keep the hours of operation for the Premises as follows: (1) the outdoor area marked "North Bar - Swing Space" will be open every day of the week and close no later than midnight and on Sunday through Thursday any light, background music being played will be turned off no later than 11:00 pm; (2) the area marked "South Bar" will have hours of operation every day of the week and will turn off any light, background music being played as well as cease operations no later than midnight each day; and (3) the enclosed area marked as "Interior Bar" will have hours of operation every day of the week and will turn off any light, background music being played as well as cease operations no later than midnight each day.

2. not apply for a cabaret license;

3. not incorporate a DJ or live music, unless associated with a special catering event, and agree to keep the stereo at ambient volume level only, with volume controls strictly controlled by management;

4. consult with a sound engineer to inspect the Premises and make structural and sound system recommendations to ensure that sound does not disturb neighboring residences;

5. not hire outside promoters; with private parties deemed included in rooftop use but promoter-driven public events specifically excluded from rooftop use;

6. at all times use reasonable efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner, and (iii) use reasonable efforts to clear the area outside the Premises of all patrons immediately after closing;

7. meet with neighbors and CB5 if requested; and

WHEREAS, No members of the public expressed opposition to the application; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in 80% or more of an interest in the Applicant entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by RP/HH MILFORD PLAZA OWNER, LP for a new liquor license for the rooftop bar located at 700 Eighth Avenue (between 44^th and 45^th Streets), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining, 1 present not entitled to vote.

WHEREAS, Mokwoo Kim, on behalf of C 32 K NY Inc. ("Applicant"), has notified Community Board Five of its intention to file an application to renew an existing wine and beer license for the 2^nd Floor restaurant located at 10 West 32nd Street (between Fifth Avenue and Broadway), New York, New York (the "Premises");

WHEREAS, The Premises has been operated for the past three years as a restaurant; and

WHEREAS, The Premises consists of approximately 2,500 square feet on the second floor; and

WHEREAS, The total capacity of the Premises is 74; and

WHEREAS, The Premises has only one means of egress; and

WHEREAS, The Applicant has agreed that Applicant shall:

1) Obtain a necessary water line to accommodate the installation of a sprinkler system in the Premises;

2) Install a sprinkler system throughout the Premises;

3) File an Alt 1 application with the New York City Department of Buildings with respect to said work;

4) Cause an amendment to the Certificate of Occupancy for the Premises to be issued which permits operation of the Premises despite having only one means of egress; and

5) Shall, at all times strictly enforce the legal occupancy maximum of 74 persons; and

WHEREAS, Although members of the public remain concerned about the density of licenses in this area, no members of the public expressed opposition to the application; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by C 32 K NY Inc. to renew an existing wine and beer license for the 2^nd Floor restaurant located at 10 West 32nd Street (between Fifth Avenue and Broadway), New York, New York unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 38 in favor; 0 opposed; 1 abstaining.

WHEREAS, Hyong Kun Yi, on behalf of KLP Entertainment Inc. ("Applicant"), has notified Community Board Five of its intention to file an application to alter an existing on-premises liquor license for the 3rd^th Floor karaoke bar/restaurant located at 11 West 32nd Street (between Fifth Avenue and Broadway), New York, New York (the "Premises");

WHEREAS, The Premises is a restaurant and karaoke bar consisting of approximately 9,000 square feet on the 3^rd and 4th floors; and

WHEREAS, The total capacity of the Premises is 124 on the 3rd floor and 63 on the 4th floor; and

WHEREAS, Only the third floor space is licensed with 2 patron bars and no service bars and Applicant seeks to alter the existing license to add a legal bar on the 4^th floor; and

WHEREAS, Applicant was fined in 2010 for illegally serving alcohol on the 4^th floor without a license; and

WHEREAS, The Applicant has failed to provide a "Letter of No Objection" from the New York City Department of Buildings, stating that the DOB does not object to the use of the Premises for this operation specifically for the 3^rd and 4th floors; and

WHEREAS, Use of the Premises on the 3^rd floor is illegal because occupancy by 124 persons requires a Place of Assembly Certificate of Operation, which the Applicant is operating without; and

WHEREAS, Members of the public expressed concern about the illegal operation of the Premises as well as concerns about the density of licenses in this area; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by KLP Entertainment Inc. to alter an existing on-premises liquor license for the 3rd^th Floor karaoke bar/restaurant located at 11 West 32nd Street (between Fifth Avenue and Broadway), New York, New York.

The above resolution passed by a vote of 38 in favor; 0 opposed; 1 abstaining.

WHEREAS, Sean Josephs, on behalf of CRJ RESTAURANTS LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for the ground floor restaurant located at 15 West 26th Street (between Broadway and Sixth Avenue), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,500 square feet on the ground floor, not all of which will be available for patron use, and additional square footage in the basement with the precise plans and layout to be determined before the applicant applies to the SLA; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 35 tables, 100 seats, and 25 bar stools, with a full kitchen; and

WHEREAS, The total capacity of the Premises is 175; and

WHEREAS, The Premises includes 1 patron bar; and

WHEREAS, The Applicant has agreed that Applicant shall:

1. agree to keep the establishment exclusively as a restaurant, with hours of operation from 12pm to 1am Sunday through Thursday, and 12pm to 2am Friday and Saturday;

2. keep the kitchen fully operational until no earlier than an hour before closing time;

3. agree to close doors and windows to the street by 10pm Sunday through Thursday and 11pm Friday and Saturday

4. not apply for a cabaret license or a sidewalk cafe;

5. not hire outside promoters;

6. not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only;

7. agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

8. at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing;

9. not utilize an exterior "velvet rope" door policy nor allow external queuing for entrance;

10. submit final floorplans and specifications to CB5 as soon as they are ready and no later than the applicant's submission to the SLA;

11. meet with neighbors and/or with CB5 if requested to immediately address any complaints from the community; and

WHEREAS, No members of the public expressed opposition to the application; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Sean Josephs ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by CRJ RESTAURANTS LLC for a new liquor license for the ground floor restaurant located at 15 West 26th Street (between Broadway and Sixth Avenue), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 38 in favor; 0 opposed; 1 abstaining.

WHEREAS, Won Ok Lee, on behalf of JOI 23 CORP. ("Applicant"), has notified Community Board Five of its intention to file an application to renew an existing on-premises liquor license for the 4^th Floor restaurant located at 23 West 32nd Street (between Fifth Avenue and Broadway), New York, New York (the "Premises");

WHEREAS, The Premises is a karaoke bar consisting of approximately 1,920 square feet on the fourth floor; and

WHEREAS, The total capacity of the Premises is 46; and

WHEREAS, The Premises has one means of internal egress and a second means of egress through a rear exiting fire escape window, to which Applicant has provided access by installing a metal staircase; and

WHEREAS, The Applicant has agreed that Applicant shall, since this building does not have a Certificate of Occupancy because it was built prior to 1938, provide a "Letter of No Objection" from the New York City Department of Buildings, stating that the DOB does not object to the use of the Premises for this operation specifically for the 4th floor; and

WHEREAS, Although members of the public remain concerned about the density of licenses in this area, no members of the public expressed opposition to the application; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by JOI 23 CORP. to renew an existing on-premises liquor license for the 4^th Floor restaurant located at 23 West 32nd Street (between Fifth Avenue and Broadway), New York, New York unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 38 in favor; 0 opposed; 1 abstaining.

WHEREAS, Steeplechase, Inc. ("Applicant"), has notified Community Board Five of its intention to renew its on premises liquor license for the ground floor bar located at 15 East 15^th Street (aka 19 East 15^th Street), New York, New York (between Union Square West and Fifth Avenue) (the "Premises"); and

WHEREAS, The Premises consists of 679 square feet of indoor space on the ground floor; and

WHEREAS, The Premises is operated exclusively as a bar, with a total of 6 tables and 42 seats, with light food service; and

WHEREAS, Total capacity of the Premises is 74; and

WHEREAS, The Premises includes 1 patron bar and no service bars; and

WHEREAS, The Premises has large windows all along the wall of the Premises on 15^th Street (the "Window Wall"); and

WHEREAS, The Premises has been operated for several years without incident, except for patrons drinking illegally on the sidewalk adjacent to the Window Wall; and

WHEREAS, The Applicant has agreed that Applicant shall:

1. instruct staff and management that under no circumstances are alcoholic beverages to be passed through the windows to patrons on the sidewalk, nor are patrons to be permitted to leave the Premises with alcoholic beverages in hand; and obtain commitment from each staff member to enforce same;

2. take full responsibility for full compliance with the law in prohibiting the consumption of alcohol on the exterior of the Premises; and

3. strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and

WHEREAS, No members of the public expressed any other concerns regarding the operation of the Premises and no members of the public opposed the conditions and stipulations agreed to by the Applicant; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Joe Regale ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Steeplechase, Inc. to renew its on premises liquor license for the ground floor bar located at 15 East 15^th Street (aka 19 East 15^th Street), New York, New York (between Union Square West and Fifth Avenue), unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, HOSPITALITY RESTAURANT CORP. ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for the ground floor restaurant located at 4 West 19^th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of 1,636 square feet of space on the ground floor, and the basement is to be used only for storage, bathrooms, offices and possible prep area; and

WHEREAS, The Premises will be operated as a first class restaurant, with 14 tables and 52 seats (including banquette seating) in the dining area and, in the bar/lounge area, 9 bar stools, (including banquette seating), 4 seats in the waiting area; and

WHEREAS, The Premises is located within CB5's Restricted Licensing Area and the application complies with the requirements related thereto; and

WHEREAS, The Applicant has agreed that Applicant shall:

1. agree to keep the establishment exclusively as a restaurant operation, and restrict the hours of operation to close no later than 12:00AM midnight Sunday through Wednesday nights, and 1:00AM Thursday through Saturday nights, with closing hours understood to mean last seating;

2. operate the Premises as a first class restaurant with seated bar and dining service only, with use as a lounge only ancillary to such restaurant use (collectively, "Restaurant Use"). Private parties shall be deemed included in Restaurant Use but promoter-driven events are specifically excluded from Restaurant Use.

3. not use any promoters at any time;

4. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

5. have background music only, and in no event shall a DJ, live music or dancing ever be permitted at the Premises, except as specifically provided for herein;

6. not utilize an exterior "velvet rope" door policy. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

7. arrange for private garbage pick up and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

8. meet with neighbors and CB5 on a regular basis if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Members of the public were satisfied with the conditions and stipulations agreed to by the Applicant in response to any concerns they may have had; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Kris Senevi ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by HOSPITALITY RESTAURANT CORP. for a new on premises liquor license for the ground floor restaurant located at 4 West 19^th Street, New York, New York (between Fifth and Sixth Avenues) unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, Raymond Lin, on behalf of SS 5 East 19^th Street, Inc. ("Applicant"), has notified Community Board Five of its intention to apply for alteration of an on premises liquor license for the ground bar/lounge known as "Roam" located at 5 East 19^th Street (between Broadway and Park Avenue South), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,000 square feet on the ground floor and basement of the Premises; and

WHEREAS, The Premises is operated exclusively as a bar/lounge with approximately 17 tables and 56 seats; and

WHEREAS, The total capacity of the Premises is 187; and

WHEREAS, The Premises includes 2 patron bars and no service bars; and

WHEREAS, The hours of operation of the Premises are 5:00 PM to 4:00 AM seven nights a week; and

WHEREAS, The Premises is an existing operation located within CB5's Restricted Licensing Area and has been a constant source of disturbance to the community; and

WHEREAS, CB5 has previously requested that the State Liquor Authority not renew the liquor license for this Premises to no avail; and

WHEREAS, The alterations to the premises include:

On the first floor of the premises a partition/wall was installed that measured ten feet by about eight-ten feet high to partition the seating area without creating a separate room
An 5 by 10 foot area on the first floor that elevated by about a foot to level the floor
The countertop to the bar (also on the first floor) had an extended decorative arch-shaped overhang on one end of the end that was removed to create more standing room
There were decorative wooden panels installed on the walls of the cellar, and

WHEREAS; The renovations were performed by Applicant without approval by the State Liquor Authority and without a public hearing as required by law; and

WHEREAS; To rectify the violation, the SLA required Applicant both to pay a fine and to seek retroactive approval through the normal license process, including review by the public as required by the City Charter; and

WHEREAS, Despite being required to do so by the SLA, the Applicant refused to cooperate with CB5 and failed to appear at a duly called public hearing held by CB5 on July 27, 2011; and

WHEREAS, Members of the community report that there continues to be a serious and significant adverse impact on the community by Roam; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by SS 5 East 19^th Street, Inc. for alteration of an on premises liquor license for the ground bar/lounge known as "Roam" located at 5 East 19^th Street (between Broadway and Park Avenue South), New York, New York.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, 9 WEST 26^TH STREET LLC ("Applicant") has notified Community Board Five of its intention to apply for a new hotel liquor license for the Flatiron Hotel located at 9 West 26^th Street, New York, New York (between Fifth Avenue and Broadway), New York, New York (the "Premises"); and

WHEREAS, The application initially included a request to license a rooftop bar at the Premises but the application was amended to specifically eliminate any rooftop space; and

WHEREAS, The Premises consists of approximately 1,600 square feet of useable public space, of which approximately 600 square feet is located on the ground floor and approximately 900 square feet is located on the mezzanine level; and

WHEREAS, The Premises will be operated exclusively as a restaurant and lounge, with a full kitchen located in the basement of the hotel; and

WHEREAS, The Premises contains no rooftop space; and

WHEREAS, The total capacity of the Premises is approximately 150, as to be determined by New York City Department of Buildings, exclusive of employees; and

WHEREAS, The Premises includes 1 patron bar;

WHEREAS, The Applicant has agreed that Applicant shall:

1. agree to keep the establishment exclusively as a restaurant and lounge, with hours of operation no later than 2am seven days a week;

2. not apply for a cabaret license or a sidewalk cafe;

3. not hire outside promoters;

4. not incorporate a DJ, and agree to keep all music at an ambient level as is conducive to an eating establishment only;

5. agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

6. at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing;

7. not utilize an exterior "velvet rope" door policy nor allow external queuing for entrance except where needed for monitoring age verification;

8. meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community; and

WHEREAS, No members of the public expressed opposition to the application; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Bettina Bilger or Eli Saleg ever contemplate a transfer of their interest in Applicant so that they do not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by 9 WEST 26^TH STREET LLC for a new hotel liquor license for the Flatiron Hotel located at 9 West 26^th Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, CHSP TRUST 31^ST STREET LLC ("Applicant") has notified Community Board Five of its intention to apply for a new hotel liquor license for the Holiday Inn hotel located at 30-32 W. 31^st Street, New York, New York (between Fifth Avenue and Broadway, New York, New York (the "Premises"); and

WHEREAS, The application includes a request to license a rooftop bar at the Premises; and

WHEREAS, But for the rooftop bar portion of the application, CB5 has no issue with the issuance of the hotel liquor license; and

WHEREAS, The Premises includes approximately 1,500 square feet of useable public space on the rooftop, which includes one patron bar; and

WHEREAS, The rooftop will be operated exclusively as a bar and private event space, with a total of approximately 22 tables, 66 seats, and 9 bar stools, serviced by the restaurant on the ground floor; and

WHEREAS, The total capacity of the rooftop is 74; with any higher capacity requiring the filing of Place of Assembly Certificate of Operation with the DOB; and

WHEREAS, The rooftop bar is subject to CB5's Rooftop and Rear Yard Guidelines and complies with the requirements related thereto; and

WHEREAS, The Applicant has agreed that Applicant shall:

1. agree to keep the rooftop public space with hours of operation Sunday through Thursday closing at 11:00 pm, with music shutting down by 10:00 pm, and Friday and Saturday nights closing at 1:00 am, with music shutting down at 12:00 am;

2. not apply for a cabaret license or a sidewalk cafe;

3. not incorporate a DJ or live music, and agree to keep the stereo ambient music only, with volume controls strictly regulated by management;

4. not hire outside promoters; with private parties deemed included in rooftop use but promoter-driven public events specifically excluded from rooftop use;

5. at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner, and (iii) use best efforts to clear the area outside the Premises of all patrons immediately after closing;

6. meet with neighbors and CB5 if requested;

WHEREAS, No members of the public expressed opposition to the application; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should James Lloyd Francis, David Rick Adams, Graham John Wootten and Douglas William Vicari ever contemplate a transfer of their interest in Applicant so that they do not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by CHSP TRUST 31^ST STREET LLC for a new hotel liquor license for the Holiday Inn hotel located at 30-32 W. 31^st Street, New York, New York (between Fifth Avenue and Broadway, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, BILLIARD BALLS MANAGEMENT LLC ("Applicant"), has notified Community Board Five of its intention to apply for an alteration to its existing on premises liquor license for the ground floor bar/restaurant/billiard hall located at 54 West 21^st Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of 15,000 square feet of space on two floors, with a capacity of 299 on the ground level and 249 on the lower level; and

WHEREAS, The Premises is operated as a bar/restaurant/billiard hall, with 26 tables and 165 seats and 50 bar stools; and

WHEREAS, The Applicant has requested to add another patron bar on the ground floor of the Premises with 10 bar stools, which bar will be used only for overflow should an event crowd the 2 existing patron bars at the Premises; and

WHEREAS, The Premises is an existing operation located within CB5's Restricted Licensing Area and the method of operation is grandfathered thereunder; and

WHEREAS, Except as described herein, there is no change to the method of operation at the Premises; and

WHEREAS, The Applicant has agreed that Applicant shall:

1. continue to maintain an outdoor smoking area in front of the Premises and will encourage its customers to use that area for smoking and cell phone use and shall discourage customers from loitering outside the Premises on 21^st Street. This smoking area will be monitored by a security presence after 10pm on all nights;

2. maintain adequate security in the Premises at all times necessary to (i) ensure that patrons enter and leave the Premises and 21st Street in a peaceful, quiet and respectful manner; (ii) discourage patrons from congregating outside the Premises, and (iii) use best efforts to have 21st Street cleared of all patrons within one half-hour of closing;

3. not use any outside promoters at any time; 

4. continue use of private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors; 

5. meet with neighbors and CB5 on a regular basis if requested and shall distribute a 24-hour hotline number to the community that goes to a live manager or owner who can immediately address any complaints from the community; 

6. operate at the following times: Monday-12PM-1AM, Tuesday and Wednesday 12PM- 2AM, Thursday- 12PM-3AM, Friday- 12PM-4AM, Saturday- 4PM-4AM, Sunday- 4PM - 12AM; and

WHEREAS, No members of the public expressed opposition to this application; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by BILLIARD BALLS MANAGEMENT LLC D/B/A "SLATE" for alteration to an existing on premises liquor license at 54 West 21^st Street, New York, New York unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, PARK SOUTH HOTEL LLC ("Applicant") has notified Community Board Five of its intention to apply for a new hotel liquor license for the Park South Hotel located at 120-124 E. 28th Street (between Lexington Avenue and Park Avenue South), New York, New York (the "Premises"); and

WHEREAS, The application includes a request to license a rooftop bar at the Premises; and

WHEREAS, But for the rooftop bar portion of the application, CB5 has no issue with the issuance of the hotel liquor license; and

WHEREAS, The rooftop bar located at the Premises consists of approximately 2200 square feet, all of which is available for patron use; and

WHEREAS, The rooftop bar located at the Premises is a bar and restaurant space operated by the hotel and by Black Duck restaurant, a well-known and reputable operator; and

WHEREAS, The rooftop operation shall be similar to the Applicant's sister operation at the Strand Hotel, which has no complaints of record; and

WHEREAS, The total capacity of the rooftop is 120 and contains 14 tables with 60 chairs and 10 barstools; and

WHEREAS, The rooftop Premises includes 1 patron bar, and will be used primarily for food service and for use by patrons of the hotel as a bar area; and

WHEREAS, The rooftop bar is subject to CB5's Rooftop and Rear Yard Guidelines and complies with the requirements related thereto; and

WHEREAS, The Applicant has agreed that Applicant shall:

1. close the rooftop by 11pm Sunday-Wednesday and 1am Thursday-Saturday

2. use a sound engineer to design the space as to minimize impact of sound (including voices) on neighboring residential buildings

3. not incorporate a DJ or amplified live music, and agree to keep the stereo ambient music certified by a sound engineer, and reduce the sound level of music starting an hour before closing

4. not apply for a cabaret license;

5. not hire outside promoters;

6. meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community; and

WHEREAS, No members of the public expressed opposition to the application; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should John B. Taft ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by PARK SOUTH HOTEL LLC for a new hotel liquor license for the Park South Hotel located at 120-124 E. 28th Street) between Lexington Avenue and Park Avenue South), New York, New York unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, SEN NYC LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for a restaurant located at 12 West 21^st Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,500 square feet of usable public space for dining on the ground floor; and approximately 3,000 square feet on the basement floor, 200 square feet of which is to be used as a private event space for dining, with the remainder used for full kitchen and back-of-house; and

WHEREAS, The Premises will be operated exclusively as a restaurant and event space, with a total of approximately 36 tables and 130 seats, with a full kitchen; and

WHEREAS, Estimated patron usage is approximately 160 in the ground floor restaurant; and 15 in the basement dining space; with an estimated total capacity of 190, including kitchen personnel and staff; and

WHEREAS, The Premises includes 1 patron bar and no service bars; and

WHEREAS, The Premises is located within CB5's Restricted Licensing Area and the application complies with the requirements related thereto; and

WHEREAS, The Applicant has agreed that Applicant shall:

agree to keep the establishment exclusively as a restaurant operation, and restrict the hours of operation to close no later than 12:00AM midnight Sunday through Wednesday nights, and 1:00AM Thursday through Saturday nights, with closing hours understood to mean last seating;
agree that licensed space on Premises to be limited to the public dining area on the ground floor and the private event space on the basement floor only, with all other spaces at Premises not licensed;
prohibit dancing at the Premises at all times;
not apply for a cabaret license at any time;
not use outside promoters at any time; as promoter-driven events are specifically excluded from Restaurant Use; though private parties shall be deemed included in Restaurant Use;
agree to keep the stereo ambient music conducive to an eating establishment only; and agree to improve soundproofing at Premises in the case of noise disturbance to neighboring residents;
discourage customers from loitering outside the Premises at any time;
discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;
ensure that garbage, especially food garbage, is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians;
strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and
meet with neighbors and CB5, if requested; and

WHEREAS, Members of the public were satisfied with the conditions and stipulations agreed to by the Applicant in response to any concerns they may have had; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Toranosuke Matsuoka ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by SEN NYC LLC for a new on premises liquor license for a restaurant located at 12 West 21^st Street (between Fifth and Sixth Avenues), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, GAM 18 LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for a restaurant and lounge located at 15 West 18^th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 6,555 square feet, on the ground floor and basement levels; and

WHEREAS, The Premises will be operated exclusively as a restaurant with a full kitchen; and

WHEREAS, The total capacity of the Premises is approximately 225, as to be determined by New York City Department of Buildings, exclusive of employees; and

WHEREAS, The Premises includes 2 patron bars; and

WHEREAS, The Applicant has agreed that Applicant shall:

1. agree to keep the establishment exclusively as a restaurant, with hours of operation from 8am to no later than 2am;

2. not apply for a cabaret license or a sidewalk cafe;

3. not hire outside promoters;

4. not incorporate a DJ or live music, and agree to keep the music at an ambient level as is conducive to an eating establishment only;

5. agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

6. apply for an amended Certificate of Occupancy or a Letter of No Objection for the contemplated use of the property with the occupancy levels stated in this affidavit;

7. at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) clear the area outside the Premises of all patrons immediately after closing;

8. meet with neighbors and CB5 if requested, and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community; and

WHEREAS, There were no members of the public who expressed opposition to this application; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Alison Becker ever contemplate a transfer of her interest in Applicant so that she does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by GAM 18 LLC for a new on premises liquor license for a restaurant and lounge located at 15 West 18^th Street (between Fifth and Sixth Avenues), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, John Lee, on behalf of 32 Music Studio, Corp. ("Applicant"), has notified Community Board Five of its intention to file an application for a new on premises liquor license for the 5th Floor karaoke bar located at 38 West 32nd Street (between Fifth Avenue and Broadway), New York, New York (the "Premises");

WHEREAS, The Premises will be operated as a karaoke bar; and

WHEREAS, The Applicant has agreed that Applicant shall:

since this building does not have a Certificate of Occupancy because it was built prior to 1938, provide a "Letter of No Objection" from the New York City Department of Buildings, stating that the DOB does not object to the use of the Premises for this operation;
discourage customers from loitering outside the Premises at any time;
strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and
meet with neighbors and CB5 if requested to immediately address any complaints from the community; and

WHEREAS, Members of the public were satisfied with the conditions and stipulations agreed to by the Applicant in response to any concerns they may have had; and

WHEREAS, Should Applicant ever contemplate a "Transfer" of its interest in the operation at the Premises - transfer being deemed to include a change in control of an entity or the transfer of a majority interest in an entity - Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should John Lee ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant - "transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity - notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by 32 Music Studio, Corp. for a new on premises liquor license for the 5th Floor karaoke bar at 38 West 32nd Street (between Fifth Avenue and Broadway), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, Rose and Crown, Inc. ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for the ground floor gastropub restaurant located at 45 East 28th Street (between Park and Madison Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 2156 square feet on the ground floor of useable public space, and an additional 2,156 square feet in the basement; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 14 tables, 56 seats, and 15 bar stools, with a full kitchen; and

WHEREAS, The total capacity of the Premises is 74; any higher capacity requires the filing of Place of Assembly Certificate of Operation with the DOB; and

WHEREAS, The Premises includes 1 patron bar and 1 service bar; and

WHEREAS, The Applicant has agreed that Applicant shall:

1. keep the establishment exclusively as a restaurant, with hours of operation from 11am to 4am daily

2. close the French windows to the street by 11pm Sunday-Wednesday and midnight Thursday-Saturday

3. not apply for a cabaret license or a sidewalk cafe;

4. not hire outside promoters;

5. not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only;

6. agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

7. at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) clear the area outside the Premises of all patrons immediately after closing;

8. not utilize an exterior "velvet rope" door policy or allow external queuing for entrance

9. meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community;

WHEREAS, Members of the public were satisfied with the conditions and stipulations agreed to by the Applicant in response to any concerns they may have had; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Michael Traynor ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Rose and Crown, Inc. for a new on premises liquor license for the ground floor gastropub restaurant located at 45 East 28th Street (between Park and Madison Avenues), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, Bice Group ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for the roof top bar associated with Bice restaurant in the Indigo Hotel located at 127 West 28th Street (between Sixth and Seventh Avenues), New York, New York (the "Premises"); and

WHEREAS, The rooftop Premises consists of approximately 1620 square feet, all of which will be available for patron use; and

WHEREAS, The Premises will be a bar associated with the Bice restaurant in the Hotel Indigo; and

WHEREAS, The total capacity of the rooftop Premises is 145; and

WHEREAS, The rooftop Premises includes 1 patron bar; and

WHEREAS, The Applicant has agreed that Applicant shall:

1. close the rooftop by 1am daily

2. not apply for a cabaret license;

3. not hire outside promoters;

4. not incorporate a DJ or live music, and agree to keep the stereo ambient music certified by a sound engineer

5. agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

6. meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community; and

WHEREAS, Members of the public expressed support for the application in order to replace the very problematic existing operation at the Premises; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Roberto Ruggeri ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Bice Group for a new on premises liquor license for the roof top bar associated with Bice restaurant in the Indigo Hotel located at 127 West 28th Street (between Sixth and Seventh Avenues), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, PATRICK EVANGELISTA, on behalf of an entity to be formed ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for the bar / restaurant located at 155 West 33^rd Street (between Sixth and Seventh Avenues), New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of 9,000 square feet of patron space on the ground floor, second floor, third floor and roof, with the possibility of patron space in the basement for pool tables but primarily used for storage, kitchen and bathrooms; and

WHEREAS, The Premises includes a roof space with a retractable cover; even though there are no residences in the immediate vicinity, when the roof space is not covered the Applicant agrees to turn off any and all outside music and/or TVs at 10pm Sunday through Wednesday and will close the roof to patrons at 12 midnight; the Applicant agrees to turn off any and all outside music and/or TVs at 11pm Thursday through Saturday and will close the roof to patrons at 1am; and

WHEREAS, The Premises is operated exclusively as a bar/restaurant and corporate/private event space, with a total of 77 tables, 270 seats and 38 bar stools; with operating hours of Monday through Wednesday, 11AM until 3AM; Thursday through Saturday, 11 AM until 4 AM; Sunday, 12PM until 2AM; and

WHEREAS, Total capacity of the Premises is 460; and

WHEREAS, The Premises includes three 3 patron bars, one 1 service bar, and a kitchen; and

WHEREAS, The former use of the Premises is as an adult bookstore; and

WHEREAS, The Applicant has agreed that Applicant shall:

a. be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part): (i) at all times Licensee shall remain responsible for and in complete control of the Premises and its patrons and (ii) all material positions of operation shall be the employees of the Licensee at all times;

b. maintain adequate security at the Premises at all times in the proportion of one security personnel for every 75 patrons, thus requiring a minimum of four security personnel for the expected occupancy, to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing; Exterior queuing for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

c. incorporate the use of a smoking area with adequate security to corral smokers, control loud talking, and minimize excessive noise, and discourage customers from loitering outside the Premises, at any time;

d. install used-cigarette receptacles in front of Premises, if in compliance with the law, and use best efforts to maintain cleanliness of sidewalk and street in front of Premises;

e. not block sidewalks with barricades or any other items;

f. not use live entertainment;

g. not operate as a nightclub and not pursue a cabaret license;

h. discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

i. provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community, and agree to meet with neighbors and CB5 if requested;

j. adhere to the NYPD Best Practices guidelines wherever applicable;

k. agree that if changes to the front façade are made, such that windows or doors are made operational, will close windows or doors at a reasonable hour and at a maximum, by the hours defined by NYC DCA for sidewalk cafes; and

WHEREAS, There was no opposition to this application expressed by members of the public; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Patrick Evangelista Jr. ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Patrick Evangelista on behalf of an entity to be formed, for a new on premises liquor license for the bar / restaurant located at 155 West 33^rd Street (between Sixth and Seventh Avenues), unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, Dubcork, Inc. ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for the bar / restaurant located at 215 West 28^th Street (between Seventh and Eighth Avenues), New York, New York (the "Premises"); and

WHEREAS, the Premises consists of 9570 square feet of indoor patron space on the ground floor, second floor and third floor rear, with third floor front used as offices and 4^th floor used as an apartment. Basement will be used for storage, kitchen and bathrooms; and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises is operated exclusively as a bar/restaurant and corporate/private event space, with a total of 32 tables, 183 seats and 13 bar stools; with operating hours of Monday through Friday, Noon until 3:30AM and Saturday through Sunday, 10:00AM through 3:30AM; and

WHEREAS, Total capacity of the Premises is 407; and

WHEREAS, The Premises includes 2 patron bars, no service bar, and a kitchen; and

WHEREAS, The former use of the Premises was a problematic nightclub known as "Promenade"; and

WHEREAS, The Applicant has agreed that Applicant shall:

a. be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part): (i) at all times Licensee shall remain responsible for and in complete control of the Premises and its patrons and (ii) all material positions of operation shall be the employees of the Licensee at all times;

b. maintain adequate security at the Premises at all times in the proportion of one security personnel for every 75 patrons, thus requiring a minimum of four security personnel for the expected occupancy, to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises and specifically the adjacent parking lot, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing; Exterior queuing for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

c. incorporate the use of a smoking area with adequate security to corral smokers, control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises, and specifically the adjacent parking lot, at any time;

d. agree to install used-cigarette receptacles in front of Premises, if in compliance with the law, and use best efforts to maintain cleanliness of sidewalk and street in front of Premises;

e. agree to not block sidewalks with barricades or any other items;

f. agree to not use DJ's or have any live entertainment, except acoustical performances and have only background music at all other times;

g. agree to not pursue a cabaret license;

h. agree to install sound attenuation material to mitigate the sound of existing HVAC equipment;

i. discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

j. provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community, and agree to meet with neighbors and CB5 if requested;

k. agree to adhere to the NYPD Best Practices guidelines wherever applicable;

l. agree that if changes to the front façade are made, such that windows or doors are made operational, will comply close windows or doors at a reasonable hour and at a maximum, the hours defined by NYC DCA for sidewalk cafes; and

WHEREAS, Members of the public expressed support for this application since this new operation would replace a very problematic one; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Gavin Whiston ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Dubcork, Inc. for a new on premises liquor license for the or the bar / restaurant located at 215 West 28^th Street (between Seventh and Eighth Avenues), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, David Chen, on behalf of Citrine Lounge LLC ("Applicant"), has notified Community Board Five of the Applicant's intention to apply for renewal of an on premises liquor license for the Second Floor bar/lounge known as "Studio XXI" located at 676 Sixth Avenue a/k/a 59 West 21^st Street, between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 2,200 square feet on the second floor of the Premises; and

WHEREAS, The Premises is operated exclusively as a bar/lounge with approximately 15 tables, 15 booths and 8 barstools; and

WHEREAS. The total capacity of the Premises is 120; and

WHEREAS, The Premises includes 1 patron bar and no service bars; and

WHEREAS, The hours of operation of the Premises are 6:00 PM to 1:00 AM Monday and Tuesday, 6:00 PM to 2:00 AM Wednesday and Thursday, and 10:00 AM to 4:00 AM Friday and Saturday; and

WHEREAS, The Premises is located within CB5's Restricted licensing Area and this application fails to meet the requirements thereof; and

WHEREAS, Applicant, Applicant's staff and representation failed to respond to multiple attempts to seek information, failed to submit required materials to Community Board Five in a timely manner, and exhibited disregard for the statutory obligations of the process of obtaining a license renewal; and

WHEREAS, In July 2009, the then operator of the Premises notified Community Board Five if its intention to apply for a new on-premises liquor license but when CB5 requested information from the then operator, the operator incorrectly informed CB5 that its application had been withdrawn; and

WHEREAS, A liquor license for the Premises was issued in July 2009 without the then operator responding to requests for information by Community Board Five; and

WHEREAS, The current Applicant assumed the existing liquor license in an equity purchase of Citrine Lounge LLC in April 2010, without notifying Community Board Five as required by the ABC Law; and

WHEREAS, In June 2010, the New York City Department of Buildings issued violations against the Applicant for hazardous construction conditions, with repeated failure to resolve these conditions, resulting in a $6,000 fine; and

WHEREAS, There are presently nine open DOB violations and 10 open Environmental Control Board violations at the Premises; and

WHEREAS, Applicant attested to the fact that dancing occurs at times on the Premises, in violation of the Cabaret law, and that staff does not take action to curtail dancing on the Premises; and

WHEREAS, Members of the community report an adverse impact on the community by the density of licensed establishments on this block, with multiple complaints from residents about Studio XXI in the six months since Applicant began operations at the Premises; and

WHEREAS, Due to non-compliance/failure to notify Community Board Five at the time of Applicant's assuming the license at the Premises, the number of outstanding violations at the Premises, suspicion of violation of the Cabaret Law, and extreme lack of cooperation and communication, we find Mr. Chen and Citrine Lounge LLC are not an operator not worthy of the privilege of holding a license to serve liquor in the State of New York; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Citrine Lounge LLC for renewal of an on premises liquor license for the second floor bar/lounge known as "Studio XXI" located at 676 Sixth Avenue, New York, New York; and be it further

RESOLVED, That Community Board Five requests that the New York State Liquor Authority investigate the failures by applicant and its predecessors to notify and provide information to Community Board Five regarding their applications to obtain and then transfer liquor licenses, in violation of the ABC Law.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, Twenty Ones Inc. ("Applicant") has notified Community Board Five of their intent to apply to the NY State Liquor Authority for the renewal of an on-premises liquor license for the premises located at 6 West 25^th Street, New York, NY (the "Premises"); and

WHEREAS, The Premises consists of approximately 12,000 square feet of indoor space on the ground and mezzanine floors; with back-of-house space used for storage and offices; and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises is operated as a bar/cocktail lounge and corporate/private event space, with full kitchen and dining service; with a total of 140 seats and 60 tables; and

WHEREAS, Total capacity of the Premises is 700; and

WHEREAS, The Premises includes 3 patron bars and 2 service bars; and

WHEREAS, Applicant appeared before the Committee on Public Safety and Quality of Life to discuss various community complaints and concerns regarding its operation at the Premises; and

WHEREAS, At committee, the Applicant made representations, gave assurances, and agreed to various conditions and stipulations, to induce the Committee to recommend approval of its liquor license; and

WHEREAS, At committee, Applicant agreed to memorialize its representations, assurances, conditions, and stipulations in an affidavit; and

WHEREAS, Applicant has failed to comply with the agreements made at committee and has ignored numerous requests by the Committee for Applicant to satisfy its obligations; and

WHEREAS, Applicant has demonstrated complete disregard and disdain for the licensing renewal process by defaulting on its agreements with Community Board Five and by demonstrating bad faith in the process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Twenty Ones Inc. to renew its on-premises liquor license for the premises located at 6 West 25^th Street, New York, NY.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, SRG Restaurant Group LLC d/b/a "Whiskey Park" ("Applicant") has notified Community Board Five of its intention to alter its existing on premises liquor license for an outdoor, sidewalk café, located at 100 Central Park South, New York, New York (the "Premises"); and

WHEREAS, The existing Premises consists of approximately 2,100 square feet on the ground floor; and

WHEREAS, The Premises is operated exclusively as a bar, with a total capacity indoors of approximately 24 tables, 13 seats, and 40 bar stools, and outdoor capacity of 5 tables, 20 seats, and no bar stools; and

WHEREAS, The total capacity of the Premises is 120 persons; and

WHEREAS, The Premises includes 1 patron bar; and

WHEREAS, The creation of the sidewalk café was approved by CB5 in May, 2011; and

WHEREAS, Applicant has agreed to:

a. Operate the sidewalk café, 5 tables 20 seats, from 4pm - 10pm Sunday to Wednesday and 4pm to 11pm Thursday, Friday and Saturday.

b. Have a manager on duty at all times. Phone contact number (212) 307-9222 available to residents.

c. Have Security monitor the sidewalk at all times.

d. Food service available during hours of operation.

e. Monitor smokers and encourage them to use the area near the curb on 6th Avenue.

f. at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing;

g. not utilize an exterior "velvet rope" door policy. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

h. meet with neighbors and CB5 if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; AND

WHEREAS, Should Scott Gerber ever contemplate a transfer of his interest in Applicant so that Gerber does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by SRG Restaurant Group LLC d/b/a "Whiskey Park to alter its existing on premises liquor license for an outdoor, sidewalk café, located at 100 Central Park South, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 23 in favor; 10 opposed; 1 abstaining.

WHEREAS, Logan's Sanctuary LLC ("Applicant"), has notified Community Board Five of its intention to alter its existing hotel liquor license at The Portland Square Hotel at 130-132 West 47^th Street, New York, New York (the "Premises"); and

WHEREAS, The proposed alteration consists of the addition of additional bars in the lobby and the conversion of the rooftop to a bar/lounge area; and

WHEREAS, The Premises consists of approximately 60,000 square feet over 9 floors of usable public space, of which 2000 square foot will be used for public use in the lobby and 1,300 square feet will be for patron use as a seasonal outdoor roof top space; and

WHEREAS, The total capacity of the Premises is approximately 595 people, with a capacity of 165 people in the dining room, lobby and rooftop areas; and

WHEREAS, The Premises includes 3 patron bars; and

WHEREAS, has agreed to:

1. keep the establishment exclusively as a restaurant and lounge at all times, with hours of operation from 8am to 4am in all indoor areas, and hours of operation not to exceed 10am to 10pm Sunday through Wednesday, and 10am to 11pm Thursday, Friday, and Saturday on the rooftop;

2. not apply for a cabaret license or a sidewalk cafe;

3. not hire outside promoters;

4. not incorporate a DJ or live music, and agree to always keep the outdoor music at an ambient level as is conducive to an eating establishment only;

5. agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

6. apply for an amended Certificate of Occupancy or a Letter of No Objection for the contemplated use of the property with the occupancy levels stated in this affidavit;

7. at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing;

8. not utilize an exterior "velvet rope" door policy nor allow external queuing for entrance except where needed for monitoring age verification; and

9. meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Hank Fried ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; and

WHEREAS, Although the alteration application would be otherwise approvable, the Premises is directly adjacent to the Church of Saint Mary the Virgin (the "Church"), located at 134-144 West 47^th Street; and

WHEREAS, The Church made a compelling argument that a liquor license at the Premises is not permitted under the Alcoholic Beverage Control Law since the Premises is located within 200 feet of the Church; and

WHEREAS, The Church argues that the original issuance of a liquor license for the Premises by the State Liquor Authority in violation of the 200 foot rule was an error; and

WHEREAS, The Church has submitted a compelling memorandum asserting its position, which memorandum is attached hereto; and

WHEREAS, It is beyond the authority of CB5 to rule on the law but we request that the State Liquor Authority review the facts and law to determine whether, in fact, the 200 foot rule applies in this situation; therefore be it

RESOLVED, That Community Board Five requests that theState Liquor Authority review this case to determine whether the 200 foot rule precludes a liquor license at the Premises; and be it further

RESOLVED, That, should the 200 foot rule not apply to preclude a license at the Premises, Community Board Five recommends denial of the application by Logan's Sanctuary LLC to alter its existing hotel liquor license at The Portland Square Hotel at 130-132 West 47^th Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 24 in favor; 9 opposed; 1 abstaining.

WHEREAS, Applicant Joung Hoon Lee, on behalf of Pocha, Inc. ("Applicant"), has notified Community Board Five of its intention to file a renewal application for its existing wine and beer license within the premises to be leased to Applicant on the second floor of 15 West 32nd Street, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of approximately 1,700 square feet of indoor space on the 2nd floor of the Premises; and

WHEREAS, The Premises will be operated as a restaurant, with a total of 13 tables and 52 seats for eating Korean cuisine and serving beer and wine; and

WHEREAS, Estimated total capacity is under 74 on the second floor, including personnel and staff; and

WHEREAS, The Premises will include no patron bars; and

WHEREAS, Applicant shall:

a. provide a "Letter of No Objection" from the New York City Department of Buildings, stating that the DOB does not object to the use of the Premises for this operation specifically for the 2nd floor because this building does not have a Certificate of Occupancy since it was built prior to 1938,;

b. operate the Premises as a restaurant with food service, with no promoters;

c. discourage customers from loitering outside the Premises at any time;

d. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

e. meet with neighbors and CB5 if requested to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Joung Hoon Lee ever contemplate a transfer of her interest in Applicant so that she does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the renewal application for renewal of an on premises wine and beer license within the premises to be leased to Applicant on the second floor of 15 West 32^nd Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 35 in favor; 0 opposed; 2 abstaining.

WHEREAS, Applicant Ok Gil Cho, on behalf of K Town 32 Corp. ("Applicant"), has notified Community Board Five of its intention to file an application for a new liquor license within the premises to be leased to Applicant in the cellar of 34-36 West 32nd Street, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of approximately 2,400 square feet of indoor space in the Cellar of the Premises; and

WHEREAS, The Premises will be operated as a restaurant, with a total of 11 tables and 50 seats; 1 patron bar with 2 bar stools, for eating Korean cuisine and serving beer and wine; and

WHEREAS, Total capacity is 66, including personnel and staff; and

WHEREAS, Applicant has been the manager of Kunjip, a restaurant in Koreatown for the past six and a half years;

WHEREAS, Applicant has hired an architect, Prestige Consultants, to work with Applicant to insure it is in compliance with applicable code, and

WHEREAS, Applicant shall:

1. provide a "Letter of No Objection" from the New York City Department of Buildings - an application for which was filed on April 4, 2011 - stating that the DOB does not object to the use of the Premises for this operation specifically for the Cellar floor;

2. operate the Premises as a restaurant with food service, with no promoters;

3. discourage customers from loitering outside the Premises at any time;

4. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

5. meet with neighbors and CB5 if requested to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Ok Gil Cho ever contemplate a transfer of her interest in Applicant so that she does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for a new on premises liquor license within the premises to be leased to Applicant in the Cellar of 34-36 West 32^nd Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 35 in favor; 0 opposed; 2 abstaining.

WHEREAS, 48 West 21^st Street Corporation ("Applicant"), has notified Community Board Five of its intention to renew the on premises liquor license for the floor restaurant, bar, lounge located at 48 West 21^st Street, (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises is located within Community Board Five's Restricted Licensing Area, an area deserving of heightened scrutiny of liquor license applications and renewals; and

WHEREAS, Community Board Five has received several complaints regarding the method of operation of the Premises, most particularly with respect to patrons entering and exiting the Premises; and

WHEREAS, The Premises consists of approximately 4,000 square feet on the ground floor of the Premises; and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises is operated exclusively as a restaurant, bar, and lounge; and

WHEREAS, Applicant has agreed that Applicant shall:

1) Operate the Premises as a restaurant, bar, and lounge and be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part):

a) at all times Applicant shall remain responsible for and in complete control of the Premises and its patrons and

b) all materials positions of the operation shall be the employees of the Applicant at all times; and

2) Except for special events (i.e. Halloween, Thanksgiving Eve, national holidays, and New Year's Eve), the premises will be closed at 4am, with the premises cleared within 30 minutes after closing; and

3) At all times, when appropriate, the Premises will maintain no less than three (3) dedicated security personnel in the front of the Premises and no less than three (3) inside the Premises to (i) maintain order both inside and outside the of the Premises, (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet, and respectful manner (iii) discourage patrons from congregating outside of the Premises, and (iv) use best efforts to have 21st street cleared of all patrons within one-half hour of closing. Security personnel shall be employees of the Applicant, if a third-party security agent is used, will be directed and supervised by employees of the Applicant;

4) Whenever possible, discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

5) Control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises at any time;

6) Strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

7) Establish a 24 hour direct phone line to either a manager or owner for surrounding residents; and

8) Meet with neighbors and CB5, if requested; and

WHEREAS, Applicant agrees to return, if necessary, to CB5 in six (6) months from the date of execution to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by 48 West 21^st Street Corporation to renew the on premises liquor license for the floor restaurant, bar, lounge located at 48 West 21^st Street, (between Fifth and Sixth Avenues), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 35 in favor; 0 opposed; 2 abstaining.

WHEREAS, Applicant Kihong Kim, on behalf of Third Floor Cafe. ("Applicant"), has notified Community Board Five of its intention to file a renewal application for its existing liquor license within the premises to be leased to Applicant on the third floor of 315 Fifth Avenue, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,500 square feet of indoor space on the 3rd floor of the Premises; and

WHEREAS, The Premises will be operated as a restaurant and bar, with a total of 24 tables, 43 seats, for eating Korean cuisine and serving liquor, beer and wine; and

WHEREAS, The Premises will include 1 patron bars with 8 bar stools; and

WHEREAS, Estimated total capacity is under 74 on the third floor, including personnel and staff; and

WHEREAS, The applicant has retained an architect and has submitted an Alteration Type 1 to the Building Department to properly amend the Certificate of Occupancy and expects Final C of O in June 2011; and

WHEREAS, Applicant provided a "Letter of No Objection" from the New York City Department of Buildings, dated May 14, 2009, stating that the DOB does not object to the use of the Premises for this operation specifically for the 3rd floor because this building has a Certificate of Occupancy, dated June 30, 1975, but states 20 occupants; use "offices, and showrooms, use group 6; and

WHEREAS, APPLICANT agreed to:

1. operate the Premises as a restaurant with food service, with no promoters;

2. discourage customers from loitering outside the Premises at any time;

3. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

4. meet with neighbors and CB5 if requested to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Kihong Kim ever contemplate a transfer of her interest in Applicant so that she does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the renewal application for renewal of an on premises liquor license within the premises to be leased to Applicant on the third floor of 315 Fifth Avenue, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 35 in favor; 0 opposed; 2 abstaining.

WHEREAS, Roberto Paciullo, on behalf of Trattoria Zero Otto Nove II LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for a restaurant to be located at the premises at 15 West 21^st Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises has a full kitchen, consists of less than 3,000 square feet of patron space with estimated patron usage limited to 160 including kitchen staff and all personnel in accordance with the current Certificate of Occupancy; and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises will be operated exclusively as an eating and drinking establishment, with an approximate total of 35 tables, 128 seats, and 14 bar stools; and

WHEREAS, The Premises will include one patron bar; and

WHEREAS, The principals of Applicant are known and experienced restaurant operators; and

WHEREAS, Applicant shall:

a. restrict the hours of operation to the following noon to 11:00 pm Monday through Thursday, noon to 10:00 pm on Sunday, and noon to 1:00 am Friday and Saturday;

b. not use external party promoters at any time;

c. not seek a cabaret license at any time;

d. maintain adequate security in the Premises;

e. discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

f. strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and

g. meet with neighbors and CB5, if requested; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Roberto Paciullo ever contemplate a transfer of her interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; and

WHEREAS, Members of the community expressed support for the approval of the application; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Trattoria Zero Otto Nove II LLC for a new liquor license for a restaurant to be located at 15 West 21^st Street, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, Applicant Won Ok Lee, on behalf of Grand Karaoke Inc. ("Applicant"), has notified Community Board Five of its intention to file a renewal application for its existing wine and beer license within the premises to be leased to Applicant on the third floor of 23West 32nd Street, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of 2,244 square feet of indoor space on the 3rd floor of the Premises; and

WHEREAS, The Premises will be operated as a Karaoke Bar and restaurant, with a total of 6 tables and 36 seats for eating and drinking Korean cuisine, serving beer and wine; there will be no bar stools; and

WHEREAS, Estimated total capacity is approximately 35 - 40 on the third floor including personnel and staff; and

WHEREAS, The Premises will include no patron bars; and

WHEREAS, Applicant shall:

a. since this building does not have a Certificate of Occupancy because it was built prior to 1938, provide a "Letter of No Objection" from the New York City Department of Buildings, stating that the DOB does not object to the use of the Premises for this operation specifically for the 3rd floor;

b. clearly mark the second means of egress with proper exit signage;

c. provide accessibility to the rear exiting fire escape window by March 3, 2011;

d. limit capacity to 40 people as stated in DOB Inspection violation issued February 5, 2011;

e. operate the Premises as a karaoke bar and restaurant with food service, with no private parties;

f. maintain hours of operation seven days a week 2 PM to 2 AM;

g. discourage customers from loitering outside the Premises at any time;

h. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

i. meet with neighbors and CB5 if requested to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Won Ok Lee ever contemplate a transfer of her interest in Applicant so that she does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the renewal application Grand Karaoke Inc. for renewal of an on premises wine and beer license within the premises to be leased to Applicant on the third floor of 23 West 32^nd Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, GQ Nightlife LLC d/b/a "Promenade" ("Applicant"), has notified Community Board Five of its intention to renew its existing on premises liquor license for the nightclub located at 215 West 28^th Street (the "Premises"); and

WHEREAS, Applicant is currently in possession of a liquor license for the Premises that was approved by Community Board Five (CB5) in July of 2008 subject to extensive assurances, conditions and stipulations regarding the method of operation agreed to by the owner (attached); and

WHEREAS, Applicant has failed to comply with the conditions and stipulations to which it agreed; and

WHEREAS, Principals of Applicant failed to appear at the March 2, 2011 meeting of the Public Safety and Quality of Life Committee as requested but instead sent Ms. Betsy Varela, a daytime manager of the establishment with no experience in handling matters of this seriousness and with no authority whatsoever on behalf of the Applicant; and

WHEREAS, In recent years what had once been primarily a manufacturing area of the city is now home to many new residences, commercial businesses and a school, the Fashion Institute of Technology; and

WHEREAS, Neighboring businesses and residences of the community came out in strong opposition to the venue and presented verbal testimony, written testimony, a signed petition and e-mails indicating the same; and

WHEREAS, Among the more serious instances reported at the venue are:

March 2009 Multiple Stabbing Inside Club

January 2010 Shots Fired Outside Club

March 2010 Fighting Outside Club;

April 2010 Noise, Unlicensed Security, Dancing without Cabaret License

May 2010 Underage Drinking

February 2011 Assault, Felony Assault, Failure to Control Crowd; and

WHEREAS, In addition to the above incidents, residences and businesses indicated that the quality of life issues due to the venue were extensive and included excessive crowds, noise, littering and disregard for others on the block; therefore be it

RESOLVED, That Community Board Five RECOMMENDS DENIAL of the renewal of an on premises liquor license for GQ Nightlife LLC d/b/a "Promenade" located at 215 West 28^th Street; and be it further

RESOLVED, That Community Board Five recommends that ENFORCEMENT ACTION be taken by the New York State Liquor Authority against GQ Nightlife LLC d/b/a "Promenade" located at 215 West 28^th Street to abate the nuisance created by the operation at the Premises.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, Peter Levin, on behalf of JP Concepts ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for a restaurant to be located at the premises at 345 Park Avenue South at 25^th Street, New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 6,874 square feet on the ground floor and basement of useable public space; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 40 tables, 135 seats, and a large bar that seats 261, with a full kitchen; and

WHEREAS, The total capacity of the Premises will be about 350; and

WHEREAS, The Premises includes 1 patron bar and 2 service bars; and

WHEREAS, Applicant shall:

1. agree to keep the establishment exclusively as a restaurant, with hours of operation Monday through Tuesday from 11am to midnight, Wednesday through Saturday 11am - 2am, and Sunday 10am - midnight;

2. not apply for a cabaret license;

3. not hire outside promoters;

4. not incorporate a DJ or live music, and agree to keep the television volume levels and stereo music conducive to a "sports themed" eating establishment only;

5. install soundproofing so that ambient noise is kept at a minimum;

6. private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

7. at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing;

8. not utilize an exterior "velvet rope" door policy. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

9. meet with neighbors and CB5 if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Peter Levin ever contemplate a transfer of her interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; and

RESOLVED, That Community Board Five recommends denial of the application by JP Concepts for a new liquor license for a restaurant to be located at the premises at 345 Park Avenue South at 25^th Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, Paul Goldstein, on behalf of Madison Entertainment LLC ("Applicant"), has notified Community Board Five of its intention to apply for an alteration to its existing on premises liquor license for the ground floor restaurant and basement nightclub located at the premises at 625 Madison Avenue a/k/a 39 East 58^th Street, New York, New York (the "Premises"); and

WHEREAS, Applicant seeks to annex an adjacent new space to the Premises; and

WHEREAS, The addition consists of approximately 550 usable square feet on the ground floor of useable public space, all of which will be for patron use and service bar; and

WHEREAS, The Premises will be operated exclusively as seating for the existing Lavo restaurant and bar, with a total of approximately 8-9 tables, and 30-40 seats, and as a waiting area, if lawful, for patrons queuing to enter the Lavo nightclub downstairs; and

WHEREAS, The total capacity of the addition will be 120 persons seated and standing; and

WHEREAS, The addition includes 1 service bar only and no patron bar; and

WHEREAS, Applicant shall:

1. Maintain a VIP entrance and reservation policy to expedite the entrance of patrons into the club and minimize queuing;

2. Comply with police department instructions regarding persons outside of the Premises waiting for admission to the Premises;

3. Employ up to at least 3 additional identifiable persons to monitor and direct vehicular traffic during nightclub hours;

4. Ensure that additional interior space is allocated to patrons waiting for entrance to the establishment as well as dining and bar space;

5. Inform residents of special events ;

6. Continue open communication with the police department to attempt to have a uniformed officer is stationed on 58th street helping to monitor the block;

7. at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) attempt to have patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing;

8. meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall request any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Paul Goldstein ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be requested to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; and

RESOLVED, That Community Board Five recommends denial of the application by Madison Entertainment LLC D/B/A LAVO for the alteration to its existing on premises liquor license for the ground floor restaurant and basement nightclub located at the premises at 625 Madison Avenue a/k/a 39 East 58^th Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, In 1997 the Committee on Public Safety and Quality of Life of Manhattan Community Board Five passed a resolution (as amended, the "Moratorium Resolution") requesting that the New York State Liquor Authority institute a moratorium on new liquor licenses on 20^th, 21^st, and 22^nd Streets between Fifth and Sixth Avenues (the "Moratorium Area"), in order to address serious problems of extreme noise, vehicular and pedestrian congestion, litter, traffic problems, and belligerent crowds, as well as vandalism and incidents of violence; and

WHEREAS, In 1999, the Board reaffirmed the Moratorium Resolution, adding some clarifying parameters: establishments with public space of less than 3,000 feet that included a full, constructed kitchen were to be exempted, in order to attract dining establishments in this area rather than nightlife operations; and

WHEREAS, In 2010, the PSQL Committee established the Moratorium Task Force (the "MTF") to evaluate the results of Moratorium Resolution, and to determine their relevance at the present time; and

WHEREAS, The MTF's mandate was to gather information with particular emphasis on residents' input, to then identify and use those findings to form the basis for a report with recommendations to the PSQL Committee and CB5; and

WHEREAS, Over a period of six months, the MTF gathered information by meeting with the State Liquor Authority, block associations, neighborhood groups, police detectives, and building owners, as well as performing direct community outreach and surveying residents on the streets; and

WHEREAS, An email address list of over fifty residents in the neighborhood was created, establishing direct communication with these contacts, and monthly email alerts went out in advance of committee meetings, providing the entire list with the expected agenda for the upcoming committee meeting; and

WHEREAS, During the six months of research by the MTF, all applications for liquor licenses in and around the Moratorium Area (whether original or renewals) were assigned to members of the MTF and used as "case studies" to determine: (a) appropriate criteria for approving or denying applications, (b) current and relevant input from the public, and (c) the success of the Moratorium Resolution over the course of the last several years; and

WHEREAS, The report of the MTF (attached hereto, the "MTF Report") was circulated to the PSQL Committee and adopted unanimously by the Committee after discussion took place at the PSQL Committee meeting on March 2, 2011, with comments and input taken from the public; and

WHEREAS, The MTF Report made various recommendations, including revising the Moratorium Resolution to:

1. Expand the Moratorium Area to include (a) 19^th Street between Fifth and Sixth Avenues, and (b) 20^th and 21^st Streets between Broadway and Park Avenue South;

2. Increase the maximum size of a permitted operation in the Moratorium Area from 3,000 square feet to 4,000 square feet;

3. Restrict the hours of operation and method of operation for new establishments to be appropriate and consistent with the special circumstances present in the Moratorium Area; and

4. Discontinue use of the term "moratorium" in favor of a term more appropriate and supportable by the SLA; and

WHEREAS, The PSQL Committee unanimously adopted the findings of the MTF Report and accepted the recommendations set forth in the MTF Report; and therefore be it

RESOLVED, That, in furtherance of the foregoing, Community Board Five hereby adopts the Policy on the Restricted Licensing Area attached hereto, which policy shall heretofore supersede and replace the Moratorium Resolution; and be it further

RESOLVED, That Community Board Five urges the New York State Liquor Authority to review the MTF Report and its findings and to support the restrictions contained in the Policy on the Restricted Licensing Area as applied to applications relevant thereto.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

CB5 Restricted Licensing Area Policy

WHEREAS, Augusto Cardona, on behalf of an entity yet to be formed ("Applicant"), has notified Community Board Five of his intention to apply for a new liquor license for a restaurant to be located at the premises at 25 West 26^th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,600 square feet on the ground floor of useable public space, of which approximately 2,800 square feet will be for patron use, and an additional 2,600 square feet in the basement; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 40 tables, 144 seats, and 26 bar stools, with a full kitchen; and

WHEREAS, The total capacity of the Premises is 160, exclusive of employees; and

WHEREAS, The Premises includes 1 patron bar and 1 service bar; and

WHEREAS, Applicant shall:

1. agree to keep the establishment exclusively as a restaurant, with hours of operation Sunday through Wednesday from 11am to 1am, and Thursday, Friday, and Saturday (and Sundays of holiday weekends) from 11am - 2am;

2. not apply for a cabaret license or a sidewalk cafe;

3. not hire outside promoters;

4. not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only;

5. agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

6. apply for an amended Certificate of Occupancy or a Letter of No Objection for the contemplated use of the property with the occupancy levels stated in this affidavit;

7. at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing;

8. not utilize an exterior "velvet rope" door policy nor allow external queuing for entrance;

9. meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Augusto Cardona ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Augusto Cardona or an entity formed by him for a new liquor license for the restaurant to be located at 25 West 26^th Street (between Fifth and Sixth Avenues), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, Applicant Jung Bin Kim, on behalf of 32^nd Jabez Corporation ("Applicant"), has notified Community Board Five of its intention to file a renewal application for its existing wine and beer license within the premises to be leased to Applicant on the third floor of 32 West 32nd Street, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of 1,500 square feet of indoor space on the 3rd floor of the Premises; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of 10 tables and 40 seats for eating and drinking Korean cuisine, serving beer and wine; there will be no bar stools; and

WHEREAS, Estimated total capacity is approximately 50 on the third floor including personnel and staff; and

WHEREAS, The Premises will include no patron bars; and

WHEREAS, Applicant shall:

a. since this building does not have a Certificate of Occupancy because it was built prior to 1938, provide a "Letter of No Objection" from the New York City Department of Buildings, stating that the DOB does not object to the use of the Premises for this operation

b. operate the Premises as a restaurant with food service. They do not have private parties;

c. maintain hours of operation seven days a week 11 AM to 2 AM;

d. discourage customers from loitering outside the Premises at any time;

e. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

f. meet with neighbors and CB5 if requested to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Jung Bin Kim ever contemplate a transfer of her interest in Applicant so that she does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the renewal application by 32^nd Jabez Corporation for renewal of an on premises wine and beer license within the premises to be leased to Applicant on the third floor of 32 West 32^nd Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, Ok Gil Cho, on behalf of K Town 32 Corporation ("Applicant"), has notified Community Board Five of its intention to file an application for an on premises liquor license within the premises to be leased to Applicant in the Cellar floor of 34-26 West 32^nd Street, New York, New York, (the "Premises"); and

WHEREAS, Premises consists of 1,092 square feet of indoor space in the Cellar floor of the Premises; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of 12 tables and 58 seats for eating and drinking; there will be 6 bar stools; and

WHEREAS, Proposed total capacity is approximately 74 on the cellar floor including personnel and staff; and

WHEREAS, The Premises will include 1 patron bar; and

WHEREAS, The proposed hours of operation are seven days a week 5 PM to 2 AM; and

WHEREAS, The valid Certificate of Occupancy, dated 1920, is for storage use in the Cellar with no occupancy and does not permit the use requested by the Applicant for the operation; and

WHEREAS, Although the Applicant provided a Temporary Certificate of Occupancy permitting 66 occupants for eating and drinking use F-4 for the Premises, the TCO expired November 13, 2004, meaning that the original 1920 C of O is now applicable to the Premises, making the proposed use of the Premises invalid; and

WHEREAS, CB5 notified the applicant/ and their attorney to appear at the hearing to explain why they have not corrected the invalid use on the Certificate of Occupancy and the Applicant they failed to appear or provide any explanation; and

WHEREAS, Despite many communications, the Applicant failed to appear before the Committee to provide any information or answer any questions; and

WHEREAS, Members of the public expressed concerns of (i) oversaturation of liquor licenses on this block and in this building and (ii) safety concerns because the Premises does not have the proper Building Department Certificate of Occupancy with regard to valid use and egress; therefore be it

RESOLVED, That the State Liquor Authority shall be put on notice that the proposed method of operation for the Premises is in violation of the Certificate of Occupancy for the Premises; and be it further

RESOLVED, That Community Board Five recommends denial of the application for an on premises liquor license for K Town 32 Corporation for the premises in the Cellar of 34-36 West 32^nd Street, between Broadway and Fifth Avenue.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, FLATS AVALON IRON GROUP INC. (d/b/a "Retreat"), has notified Community Board Five of its intent to renew an on premises liquor license for a bar/lounge located at 37 West 17th Street;

WHEREAS, The premises is comprised of 1475 square feet of space on two floors; and

WHEREAS, The premises currently has a legal capacity of 74 patrons, but we have received complaints that crowds far exceeding legal capacity are routinely observed entering and leaving the Premises; and

WHEREAS, Numerous neighboring residents testified with complaints of overcrowding, overflow of clientele into the street and sidewalk, violence, and general mayhem surrounding the operation of the Premises; and

WHEREAS, Testimony was given that the Applicant is not in control of the Premises but rather sublets the space to various promoters who operate the Premises; and

WHEREAS, As further evidence of the Applicant's disregard for its responsibility regarding this operation, despite repeated requests for the Applicant to appear at the January 26, 2011 meeting of the Public Safety and Quality of Life Committee meeting, the Applicant failed to appear or send a representative to address these issues or answer any of our questions; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the application by FLATS AVALON IRON GROUP INC. for renewal of an on-premises liquor license at 37 West 17th Street; and be it further

RESOLVED, That Community Board Five requests special enforcement action by the State Liquor Authority to abate the nuisance caused to the community by this licensed operation.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, KOTOBUKI 22^ND STREET INC., has notified Community Board Five of its intent to apply for a new on premises liquor license for a restaurant to be located at 46 West 22^nd Street, New York, NY; and

WHEREAS, Although the applicant was requested to provide information to Community Board Five, it failed to do so; and

WHEREAS, The proposed location is in an area with a high density of liquor licenses, resulting in extreme concern regarding the potential for significant negative impact on the community by licensed establishments; and

WHEREAS, Despite repeated requests for the Applicant to appear at the January 26, 2011 meeting of the Public Safety and Quality of Life Committee meeting, the Applicant failed to appear or send a representative to address these issues or answer any of our questions; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the application by KOTOBUKI 22^ND STREET INC for a new on premises liquor license for a restaurant to be located at 46 West 22^nd Street, New York, NY.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

Community Board 5: Street Festivals Task Force recommendations

Recommendations to Community Board 5:

Community:
- Street festival organizers must provide to the Board evidence that the sponsoring entity is native to Community District 5.

§ The acceptable criterion is an operational business address within the district, where a majority of the entity's business is conducted.

§ The New York Police Department is exempt from this requirement as they provide services in districts which do not contain their precinct.

Location:
- Street festivals should be consolidated:

§ In the instance of two events occurring on the same avenue/ neighborhood on adjacent weekends, the two events should instead share two distinct areas within the same avenue/ neighborhood on the same day so as to reduce the overall frequency of festivals within the district.

§ Festivals should only be located on the avenues, rather than side streets, and should avoid predominantly residential neighborhoods altogether.

Notification:
- Sponsoring entities should be required to provide a contact number for local residents to call in the event that they have concerns regarding the festival.

§ Contact numbers should be given to the Community Board 5 office.

§ The sponsoring entity should be required to post signage, on tents or other structures under their ownership, prompting individuals to call 311 with any concerns regarding the event. (note: signage should not be posted on public property of any kind).

§ The Community Board 5 web-site should have a listing of street closures and street festivals for each calendar year.

Vendors:
- Vendor booths should be located in the center of the street, back-to-back so that they face the permanent businesses and thereby include the open-for-business establishments, provided that such orientation is not prohibited under existing regulations and provided such orientation provides an appropriate emergency vehicle lane.

Recommendations to Cristin D. Burtis, Executive Director, The Mayor's Office of Citywide Event Management and Coordination (CECM):

Location:

o Street festival organizers should incur a "Request for Proposals" process with CECM whereby organizers submit proposals for specific locations that have been pre- selected by CECM for closure over the event season.

§ The frequency and geographic distribution of these locations should be strictly limited or banned in residential neighborhoods.

§ Street festival organizers would not be allowed to propose locations that deviate from those set by CECM.

Notification:

o Postings of street festival schedules and street closures must occur one week before the event and then again 48 hours before the event in the neighborhood to ensure proper community notification.

§ CECM should encourage street festival organizers to post notification through web-sites and other appropriate local media.

o When applicable, the non-profit beneficiary of funds generated from the street fairs should be clearly and prominently identified in all promotional signage and should also be well-represented at the fair.

Vendors:
- CECM should require street festival organizers to locate booths back-to-back in the center of a street so as to face the brick-and-mortar businesses, and thereby including them in the flow of pedestrians.

o CECM should strongly encourage street festival organizers to offer each interested local businesses one vending booth free of charge.

o Point of Sale:

§ Current vendor systems are not regulated by CECM; therefore, accurate profits made at street festivals are difficult to determine.

§ CECM should provide city-managed Point of Sale (POS) machines to street festival organizers, who then distribute these systems to city-approved vendors at their events.

Reference the current Parks Department system with approved vendors.

§ These POS machines should be linked to an internal system, whereby CECM can track and analyze the data gathered, and can determine actual profits made at each event by each vendor.

§ Per the above, CECM should now oversee the distribution of funds to non-for-profit sponsoring entities based on a set percentage of profits gained by the festival organizers. (Where applicable).

This is an effort to ensure that the non-for-profit entity receives the appropriate amount of donated funds.

Recommendations to the NYC Department of Consumer Affairs:

The NYC Department of Consumer Affairs (DCA) Temporary Street Fair Vendor Permit fee should be raised from $10.00 per applicant per month to $15.00 per applicant per month.
A portion of the DCA Temporary Street Fair Vendor Permit should be allocated to local Business Improvement Districts through the NYC Department of Small Business Services to be used for neighborhood and community improvements.

Recommendations to the NYC Department of Health and Mental Hygiene:

Food vendors :
- NYC Department of Health and Mental Hygiene Food Protection Course Certificates should be mandatory for all food vendors who do not have a current Restaurant Permit irrespective of the number of events they are participating in for the calendar year.
- All food vendors should fall under the DOH requirements for brick-and-mortar restaurants.

§ These include: calorie postings when vending at more than 15 locations throughout a calendar year, hand-washing facilities, restrooms, etc.

WHEREAS, Larry McIntyre, on behalf of Farmhouse Productions LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for the ground floor restaurant to be located at 5 West 21st Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The principal of Applicant is an experienced restaurateur, with an impressive resume and a list of successful, well-known, and highly reputable restaurants; and

WHEREAS, The Applicant has appeared before Community Board Four in the past and has before received approval for a new liquor license at another location; and

WHEREAS, The Applicant has engaged in substantial community outreach and has received favorable endorsements by a local neighborhood association and persons; and

WHEREAS, The proposed method of operation at the Premises is as a restaurant consistent with the previous operation at the Premises, which was not problematic in the neighborhood; and

WHEREAS, The Premises consists of approximately 2,400 square feet of indoor space on the ground floor, plus additional basement space for non-patron use; and

WHEREAS, The Premises will be operated exclusively as a restaurant with a small patron bar and fully constructed kitchen, all totaling 74 seats (including barstool seating); and

WHEREAS, Estimated patron usage is limited to 74 including kitchen staff and all personnel in accordance with the current Certificate of Occupancy; and

WHEREAS, The Premises will include 1 patron bar and includes no outdoor space; and

WHEREAS, Applicant has agreed that it shall:

a. operate the Premises as a restaurant with seated bar and dining service only. Private parties shall be deemed included in restaurant use, but promoter-driven public events are specifically excluded from restaurant use;

b. not use external party promoters;

c. limit hours of operation from 11:00 am to 12:00 am Monday through Thursday and Sunday, and 11:00 am through 1:00 am Friday and Saturday;

d. at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing. Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant;

e. use best efforts to clear all garbage and debris from the area in front of and surrounding the premises immediately after closing;

f. use recorded music inside premises only; and at no time employ or use a DJ or other form of live music;

g. prohibit dancing at the Premises at all times and further agree to not apply for a cabaret license;

h. not utilize an exterior "velvet rope" door policy. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

i. discourage customers from loitering outside the Premises at any time;

j. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

k. meet with neighbors and CB5 if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Larry McIntyre ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations, and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Farmhouse Production LLC for a new on-premises liquor license for the ground floor restaurant located at 5 West 21^st Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, M & S Music Studio Inc. ("Applicant"), has notified Community Board Five of its intention to apply for renewal of an on-premises liquor license for a karaoke bar located on the third floor at 28 West 32^nd Street (between Fifth Avenue and Broadway), New York, New York (the "Premises"); and

WHEREAS, The Premises is 1,407 square feet of space on the third floor, with 6 tables and 35 seats, with a total capacity of 40 persons; and

WHEREAS, Although the current use of the Premises is as a music studio with occupancy for 40 persons, the Certificate of Occupancy for the Premises permits use of the Premises only by 10 persons; and

WHEREAS, Although the Applicant was requested to appear at the January 5, 2011 meeting of the Public Safety/Quality of Life Committee meeting of CB5, Applicant failed to appear at committee and failed to send their attorney or any other representative; and

WHEREAS, The Premises is on the third floor of the building and we find that the premises is unsafe because of the lack of sufficient emergency egress; therefore be

RESOLVED, That the State Liquor Authority shall be put on notice that the current method of operation for the Premises as a karaoke bar with occupancy for 40 persons is in violation of the Certificate of Occupancy for the Premises; and be it further

RESOLVED, That Community Board Five recommends denial of the application by M & S Music Studio Inc. for renewal of an on-premises liquor license for a karaoke bar located on the third floor at 28 West 32^nd Street (between Fifth Avenue and Broadway), New York, New York.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, SH 28 Inc. ("Applicant"), has notified Community Board Five of its intention to apply for a new wine and beer license for a restaurant currently located on the ground floor at 28 West 32^nd Street (between Fifth Avenue and Broadway), New York, New York (the "Premises"); and

WHEREAS, The Premises is 1,249 square feet of space on the ground floor, with 16 tables and 62 seats, with a proposed occupancy of 62 persons; and

WHEREAS, The Premises has been operated by applicant as a restaurant for approximately a year; and

WHEREAS, The principal of Applicant is an experienced and respected operator of another restaurant in the neighborhood; and

WHEREAS, Although the current use of the Premises is as a restaurant with occupancy for 62 persons and the Certificate of Occupancy for the Premises permits use of the Premises as a retail store with occupancy for 10 persons, Applicant has filed an Alteration Type 2 application with the New York City Department of Buildings to permit occupancy by 62 persons and to permit the use of the Premises as currently used, but such Alteration Type 2 Application does not require amendment of the Certification of Occupancy; and

WHEREAS, Applicant has agreed to file an Alteration Type 1 application with the New York City Department of Buildings to amend the Certificate of Occupancy to permit 62 persons and to permit the valid use of the Premises as currently used; and

WHEREAS, The Premises is on the ground floor of the building and has 2 means of emergency egress and we find no safety concerns about patrons exiting the Premises in case of emergency; therefore be

RESOLVED, That the State Liquor Authority shall be put on notice that the current method of operation for the Premises as a restaurant with occupancy for 62 persons is in violation of the Certificate of Occupancy for the Premises; and be it further

RESOLVED, That Community Board Five recommends denial of the application by SH 28 Inc. for a new wine and beer license for a restaurant currently located on the ground floor at 28 West 32^nd Street (between Fifth Avenue and Broadway), New York, New York, unless an Alteration Type 1 application is filed with the New York City Department of Buildings to amend the Certificate of Occupancy for the Premises to permit 62 persons and to permit the valid use of the Premises as proposed.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, Union Square Operating, Inc. ("Applicant"), has notified Community Board Five of its intention to apply for an alteration to its existing liquor license for the restaurant at 34 Union Square East (at 16^th Street) (the "Premises") to serve alcohol at a sidewalk cafe; and

WHEREAS, The "small sidewalk café" with 11 tables and 30 seats, all along 16th Street, was approved by CB5 in October 2010; and

WHEREAS, The sidewalk café would close no later than 10 PM from Sunday to Wednesday, and 11 PM from Thursday to Saturday; and

WHEREAS, The applicant has agreed to reduce the size of its currently oversized awnings and signage to bring it in keeping with the character of Union Square and presented drawings for new signage to CB5; and

WHEREAS, There was no concern expressed by the public against the service of alcohol at the sidewalk café; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Union Square Operating, Inc. for an alteration to its existing liquor license for the restaurant at 34 Union Square East to serve alcohol at its sidewalk cafe.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, Music Story Inc. ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for a karaoke bar to be located on the fifth floor at 34 West 32^nd Street (between Fifth Avenue and Broadway), New York, New York (the "Premises"); and

WHEREAS, The Premises is 4,000 square feet of space on the fifth floor, with 12 tables, 60 chairs and 6 bar stools, with a proposed occupancy of 66 persons; and

WHEREAS, The Premises is currently used as a karaoke bar known as Casablanca; and

WHEREAS, The principal of Applicant is an experienced and respected operator of another karaoke bar in the neighborhood; and

WHEREAS, The Premises has 2 elevators and 2 means of emergency egress, to wit, an interior enclosed staircase and an exterior fire escape 44" wide; and

WHEREAS, Although proposed occupancy of the Premises is 66, the Certificate of Occupancy for the Premises permits only 45; and

WHEREAS, Applicant has agreed to file an Alteration Type 1 application with the New York City Department of Buildings to amend the Certificate of Occupancy to permit 66 persons and to permit the valid use of the Premises as proposed; and

WHEREAS, Applicant has agreed to monitor occupancy at all times to not exceed permitted occupancy; therefore be it

RESOLVED, That the State Liquor Authority shall be put on notice that the proposed method of operation for the Premises with occupancy for 66 persons is in violation of the Certificate of Occupancy for the Premises; and be it further

RESOLVED, That Community Board Five recommends denial of the application by Music Story Inc. for a new liquor license for a karaoke bar to be located on the fifth floor at 34 West 32^nd Street (between Fifth Avenue and Broadway), New York, New York, unless an Alteration Type 1 application is filed with the New York City Department of Buildings to amend the Certificate of Occupancy for the Premises to permit 66 persons and to permit the valid use of the Premises as proposed.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, Comedy Club of NYC Inc. ("Applicant") has notified Community Board Five of its intention to file an application with the New York City Department of Consumer Affairs for a cabaret license (the "Cabaret License") for a space located at 163 West 46^th Street, New York, NY (the "Premises"); and

WHEREAS, The Premises is a huge 11,000 square foot space; and

WHEREAS, The Applicant operates a comedy club with three distinct, below-grade, performance spaces at the Premises; and

WHEREAS, The Applicant produces limited engagement comedic entertainment and/or performance events that often incorporate dancing; and

WHEREAS, Applicant testified that on numerous occasions the Applicant has received violations by the NYPD and/or Mayor's Task Force for audience dancing at the Premises in connection with performance events without a cabaret license and Applicant agreed to provide copies of such violations to CB5; and

WHEREAS, Applicant failed to deliver copies of any violations; and

WHEREAS, After an independent inquiry to all applicable city agencies, CB5 was unable to find any evidence that cabaret violations have ever been issued against the Premises as the Applicant testified; and

WHEREAS, Applicant testified that the Applicant's lease for the Premises contains use restrictions that prohibit use of the Premises as a nightclub and Applicant agreed to provide a copy of such use restriction; and

WHEREAS, Applicant failed to deliver a copy of the use provision of their lease which prohibits use of the Premises as a nightclub; and

WHEREAS, Strong opposition to the issuance of a cabaret license for the Premises was voiced by the West 46^th Street Block Association because of the nature of the location as a very residential block and because of the location of a school on the block as well; and

WHEREAS, Strong opposition to the issuance of a cabaret license for the Premises was voiced by The Church of Saint Mary the Virgin because a cabaret operation at that location is inappropriate in such close proximity to the church; and

WHEREAS, Strong opposition to the issuance of a cabaret license for the Premises was voiced by the Hells Kitchen Neighborhood Association because, although the Association has no problem with the method of operation as it is, they are concerned that licensing such a large venue for cabaret will be uncontrollably damaging to the neighborhood; and

WHEREAS, Applicant's failure to deliver the violations and lease restriction provisions as agreed is bad faith and calls Applicant's credibility into question; and

WHEREAS, We find Applicant's purported motive for pursuing a cabaret license in order to permit audience dancing in connection with theatrical performances not credible and not customary in other performance spaces; and

WHEREAS, Potential harm to the community is too great should the Premises be used as a nightclub if a cabaret license is issued for the Premises; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Comedy Club of NYC Inc. for a cabaret license at 163 West 46^th Street, New York, New York.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, Raymond Lin, on behalf of SS 5 East 19^th Street, Inc. ("Applicant"), has notified Community Board Five of the Applicant's intention to apply for renewal of an on premises liquor license for the ground bar/lounge known as "Roam" located at 5 East 19^th Street (between Broadway and 5^th), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,000 square feet on the ground floor and basement of the Premises; and

WHEREAS, The Premises is operated exclusively as a bar/lounge with approximately 17 tables and 56; and

WHEREAS. The total capacity of the Premises is 187; and

WHEREAS, The Premises includes 2 patron bars and no service bars; and

WHEREAS, The hours of operation of the Premises are 5:00 PM to 4:00 AM seven nights a week; and

WHEREAS, Raymond Lin is a principal and licensee at another operation called "The Gates" located at 290 Eighth Avenue, New York, New York, which establishment has been a problematic operation and the subject of enforcement action by the police and the SLA, and the licensee of which is in the process of surrendering its liquor license in anticipation of revocation or fines and other penalties; and

WHEREAS, Raymond Lin was before Community Board Five in January of 2010 as the applicant for the transfer of the on premises liquor license for another operation known as "Retreat" located at 37 West 17^th Street, New York, New York, which application was denied by CB5, in part because of Mr. Lin's problematic history of operation at The Gates and Roam; and

WHEREAS, Mr. Lin has a pending transferee application for Retreat before the SLA, and when asked the status, he was not able to explain, stating it is complicated, and Retreat has been one of the most problematic operations in CB5; and

WHEREAS, Rather than being operated and controlled by the licensee, The Gates, Retreat, and Roam all use party promoters almost exclusively to operate the venues; and

WHEREAS, Members of the community reported a serious and significant adverse impact on the community by Roam; and

WHEREAS, The Applicant was asked if he would agree to stipulations similar to those other applicants have agreed to, including a limitation on hours of operation and use of promoters, and the Applicant refused; and

WHEREAS, Based on the history of problems at establishments operated by Mr. Lin, including at Roam, we find Mr. Lin an absentee and negligent operator not worthy of the privilege of holding a license to serve liquor in the State of New York; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by SS 5 East 19^th Street, Inc. for renewal of an on premises liquor license for the ground bar/lounge known as "Roam" located at 5 East 19^th Street, New York, New York.

The above resolution passed by a vote of 30 in favor; 4 opposed; 1 abstaining.

WHEREAS, Mihoko Kiyokawa, on behalf of 21 Grams Inc. ("Applicant"), has notified Community Board Five of the Applicant's intention to apply for a new liquor license for the restaurant to be located at the premises leased to Applicant at 16 West 22nd Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 4,500 square feet on the ground floor; of which 2,200 square feet is to be public space for dining, including an open kitchen viewable by diners, 1,000 square feet to be used as retail space and pastry shop, and 1,300 square feet to be used only for prep kitchen, offices, cloakroom and storage; and in addition approximately 4,500 square feet on the basement floor, 3,700 square feet of which is to be used for staff meeting rooms, storage, catering operations and secondary prep kitchen, and 800 square feet of which to be used as a private event space for dining; and

WHEREAS, The Premises will be operated exclusively as a restaurant and retail operation, with a total of approximately 25 tables, 70 seats, and 30 bar stools, with a full kitchen; and

WHEREAS, Estimated patron usage is approximately 100 in the ground floor restaurant; and 50 in the basement dining space; with an estimated total capacity of 175, including kitchen personnel and staff; and

WHEREAS, The Premises includes 2 patron bars and 1 service bar; and

WHEREAS, The new restaurant operation will replace what was once a very problematic operation; and

WHEREAS, Applicant's team is composed of experienced restaurateurs with an impressive resume and successful, well-known, and highly reputable restaurants; and

WHEREAS, Applicant shall:

1. agree to keep the establishment exclusively as a restaurant and retail operation, and restrict the hours of operation to close no later than 12:00AM midnight seven days a week;

2. agree that licensed space on Premises to be limited to the public dining area on the ground floor and the private event space on the basement floor only, with all other spaces at Premises not licensed;

3. prohibit dancing at the Premises at all times;

4. not apply for a cabaret license at any time;

5. not use outside promoters at any time; as promoter-driven events are specifically excluded from Restaurant Use; though private parties shall be deemed included in Restaurant Use;

6. not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only; and agree to improve soundproofing at Premises in the case of noise disturbance to neighboring residents;

7. discourage customers from loitering outside the Premises at any time;

8. discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

9. ensure that garbage, especially food garbage, is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians;

10. strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and

11. meet with neighbors and CB5, if requested; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Mihoko Kiyokawa ever contemplate a transfer of her interest in Applicant so that she does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by 21 Grams Inc. for a new liquor license for the restaurant to be located at the premises leased to Applicant at 16 West 22nd Street (between Fifth and Sixth Avenues), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, ROBERT WATMAN, on behalf of TCC 39^th LLC ("Applicant"), has notified Community Board Five of the Applicant's intention to apply for a new liquor license for the nightclub to be located at the premises leased to Applicant at 20 West 39^th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of 4,500 sq.ft. per floor of indoor space on the ground floor, second floor, third floor, and basement, with second and third floors also used for offices (2^nd floor) storage (3^rd floor) and bathrooms (all floors); and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises is operated as a lounge / nightclub / private event space, with operating hours of Monday through Sunday from 5:00PM until 4:00AM; and

WHEREAS, Total capacity of the Premises is 850, including 240 for the basement, 266 for the first floor, 240 for the second floor and 144 for the third floor; and

WHEREAS, The Premises includes a patron bar in the basement, a patron bar on the first floor and a patron bar on the third floor, with service bars on the first and third floors and a prep kitchen for catering on the second floor; and

WHEREAS, This new operation will fill currently vacant space which was formerly a very problematic operation; and

WHEREAS, Applicant is a well-known nightclub operator with an experienced management team and an excellent reputation; and

WHEREAS, Applicant shall:

1. be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part): (i) at all times Licensee shall remain responsible for and in complete control of the Premises and its patrons and (ii) all material positions of operation shall be the employees of the Licensee at all times;

2. permit dancing, if deemed permissible by city agencies, only in those areas governed by a cabaret license issued by the New York City Department of Consumer Affairs;

3. maintain adequate security at the Premises at all times in the proportion of one security personnel for every 50 patrons, thus requiring up to a maximum of 17 security personnel for the expected occupancy, to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing; Exterior queuing required for purposes of maintaining legal capacity, if deemed permissible by governing city agencies, shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

4. incorporate the use of a smoking area with adequate security to corral smokers, control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises at any time;

5. agree to install used-cigarette receptacles in front of Premises, if in compliance with the law, and use best efforts to maintain cleanliness of sidewalk and street in front of and surrounding the Premises;

6. discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

7. provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community, and agree to meet with neighbors and CB5 if requested;

8. strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Robert Watman ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, that Community Board Five recommends denial of the application by TCC 39^th LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for the nightclub to be located at the premises leased to Applicant at 20 West 39^th Street (between Fifth and Sixth Avenues), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application; and be it further

RESOLVED, that Community Board Five has no objection to the issuance of a cabaret license to the Applicant by the New York City Department of Consumer Affairs.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, Bernard Balikian, Alidz Alexandrian and Varak Alexandrian, on behalf of Multimiles LLC ("Applicant"), has notified Community Board Five of the Applicant's intention to apply for a new liquor license for the ground floor restaurant to be located at the premises leased to Applicant at 24 East 21^st Street (between Broadway and Park Avenue South), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 4,300 square feet, divided between the ground floor, which will include the public dining space, and the basement floor, which will consist only of storage and food preparation space; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 17-20 tables, 70-75 seats, and 12 bar stools, with a full kitchen; and

WHEREAS. The total capacity of the Premises is 173; and

WHEREAS, The Premises includes 1 patron bar and no service bars;

WHEREAS, The Premises were formerly used as a restaurant with no negative impact on the surrounding community; and

WHEREAS, Applicant is family owned and operated with extensive experience running a highly reputable restaurant overseas; and they agree to/that

1. keep the establishment exclusively as a restaurant, with hours of operation Sunday through Wednesday from 12pm to 12am, and Thursday, Friday, and Saturday from 12pm - 1am;

2. not apply for a cabaret license or a sidewalk cafe;

3. not hire outside promoters;

4. not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only;

5. private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

6. at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing;

7. not utilize an exterior "velvet rope" door policy. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

8. meet with neighbors and CB5 if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Bernard Balikian, Alidz Alexandrian and Varak Alexandrian ever contemplate a transfer of their interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Multimiles LLC for a new liquor license at 24 East 21^st Street (between Broadway and Park Avenue South), New York, New York,unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, Ken Halberg, on behalf of Gravy New York LLC ("Applicant"), has notified Community Board Five of the Applicant's intention to apply for a new liquor license for the ground floor restaurant to be located at the premises leased to Applicant at 32 East 21^st Street (between Broadway and Park Avenue South), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,600 square feet on the ground floor, which includes the kitchen, and an additional 1,900 square feet in the basement; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 34 tables, 140 seats, and 20 bar stools, with a full kitchen; and

WHEREAS, The total capacity of the Premises is 189; and

WHEREAS, The Premises includes 1 patron bar and no service bars; and

WHEREAS, The Premises were formerly used as a restaurant with no negative impact on the surrounding community; and

WHEREAS, Applicant's team is composed of experienced restaurateurs with an impressive resume and successful, well-known, and highly reputable restaurants; and

WHEREAS, Applicant shall:

agree to keep the establishment exclusively as a restaurant, with hours of operation Monday through Wednesday from 12pm to 12am,and Thursday, and Friday, from 12pm - 1am; Sunday from 11 am to 12 am; and Saturday from 11 am - 1 am.
not apply for a cabaret license or a sidewalk cafe;
not hire outside promoters;
not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only;
private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;
at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing;
not utilize an exterior "velvet rope" door policy. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;
meet with neighbors and CB5 if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Ken Halberg ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Gravy New York LLC for a new liquor license for the ground floor restaurant to be located at 32 East 21^st Street (between Broadway and Park Avenue South), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, José Goncalves, on behalf of WEST 20TH ENTERPRISES CORPORATION D/B/A "THE VIP CLUB" ("Applicant"), has notified Community Board Five of its intention to renew an existing liquor license for the ground floor and second floor bar/gentlemen's club d/b/a The VIP Club, located at 20 West 20^th Street, New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 7,000 square feet of indoor space on the ground floor; and 3,000 square feet on the second floor, with total capacity of 295, including staff; and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises is operated exclusively as a bar/gentlemen's club and corporate/private event space, with partial kitchen for preparation and serving of sushi; with a total of 30 tables, 120 seats and 10 bar stools; and

WHEREAS, Applicant shall:

1. be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part): (i) at all times Licensee shall remain responsible for and in complete control of the Premises and its patrons and (ii) all material positions of operation shall be the employees of the Licensee at all times;

2. maintain adequate security at the Premises during hours of nightlife operation, with an exception for corporate or private events, in the proportion of one security personnel for every 50 patrons, to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing; Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

3. incorporate the use of a smoking area with adequate security to corral smokers, control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises at any time;

4. use best efforts to maintain cleanliness of sidewalk in front of Premises;

5. discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

6. provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community, and agree to meet with neighbors and CB5 if requested;

7. strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and

WHEREAS, Applicant agrees to return to CB5 in six (6) months, or at an earlier date if necessary, to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should José Goncalves ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; and

WHEREAS, The community spoke favorably about the operation and were in support of the renewal of the license; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by WEST 20TH ENTERPRISES CORPORATION D/B/A "THE VIP CLUB" to renew an existing liquor license for the ground floor and second floor bar/gentlemen's club d/b/a The VIP Club, located at 20 West 20^th Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining:.

WHEREAS, Thomas Shannon, on behalf of BOWLMOR TIMES SQUARE LLC ("Applicant"), has applied for a NYC DCA Cabaret License for the 3^rd and 4^th floor bowling alley / event space located in the old NY Times building, at 222 West 44^th Street, New York, New York, 10036 (the "Premises"); and

WHEREAS, The Premises main entrance will be located on 44^th Street and will have a large queuing area for patrons; and

WHEREAS, The Premises consists of approximately 90,000 square feet of space on the 3^rd and 4^th floor; and

WHEREAS, The Premises will have a Public Assembly valid for the entire establishment with a maximum occupancy of 1071 people (patrons and employees) with the well defined cabaret portion being the 3^rd Floor Banquet Room 1 and 4^th Floor Banquet Room 2 only; and

WHEREAS, Banquet Room 1 has a total occupancy of 209 patrons and employees and Banquet Room 2 has a total occupancy of 136 patron and employees, and

WHEREAS, New and existing stairwells are adequate for the new occupancy loads on both the 3^rd and 4^th floors; and

WHEREAS, All life safety systems required by NYC DOB for a premises use as a Cabaret have been satisfied, including:

Building Smoke Purge System

Fire Alarm System with Central Station Monitoring

Sprinkler System

Emergency and Exit Lighting

Building Emergency Generator fed circuits for Egress Lighting, Smoke Purge and Fire Alarm, etc. in accordance with NYC DOB requirements; and

WHEREAS, The Premises will be operated predominantly as a Bowling Alley / Event Space with two large bars on the 3^rd Floor and one large bar on the 4^th Floor with an additional service bar to serve the 4^th Floor Banquet Room; and

WHEREAS, Applicant shall:

1. operate the Premises as a Bowling Alley / Event Space and should any change to that model occur, contact Community Board 5 prior to such changes,

2. be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part): (i) at all times Licensee shall remain responsible for and in complete control of the Premises and its patrons and (ii) all material positions of operation shall be the employees of the Licensee at all times;

3. maintain business hours of Premises' indoor operation with a closing time no later than 4AM, 7 days per week,

4. maintain adequate security personnel at all times, both inside and outside of the Premises; ensure that patrons enter and leave the Premises at 44^th Street in a peaceful, quiet and respectful manner; discourage patrons from congregating outside the Premises; and use best efforts to have 44^th Street cleared of all patrons within one-half hour of closing. Security personnel shall be employees of Licensee, or if third-party security company is used, such company shall at all times be directed and supervised by employees of Licensee;

5. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

6. maintain an outdoor smoking area in front of the Premises, provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, and will encourage its patrons to use that area for smoking and cell phone use and shall discourage customers from loitering outside the Premises on 44^th Street; with smoking area to be monitored by a security presence on all nights;

7. arrange for private garbage pick up and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

8. meet with neighbors with respect to any persisting problem if requested by CB5 and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community.

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Thomas Shannon ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license by Applicant with the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by BOWLMOR TIMES SQUARE LLC for a NYC DCA Cabaret License for the 3^rd and 4^th floor bowling alley / event space located in the old NY Times building, at 222 West 44^th Street, New York, New York, 10036, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority liquor license.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, In April 2010, 760 8^TH AVE. REST., INC. ("Applicant"), received approval from Community Board Five for a new on-premises liquor license for the second and third floors of the premises located at 760-766 8^th Avenue a/k/a 268 West 47^th Street, New York, New York, (the "Premises"), subject to certain conditions and restrictions; and

WHEREAS, At the time, use of the 2^nd floor was limited to restaurant use and dancing only by restaurant patrons and, after restaurant hours, only in conjunction with private parties and catered events only; and

WHEREAS, Applicant has requested permission from CB5 to alter the method of operation on the 2^nd floor to permit dancing by restaurant patrons as well as the general public, not limited to private parties and catered events; and

WHEREAS, Applicant has agreed that no other changes to the method of operation are now contemplated and that all conditions and restrictions previously agreed to remain in full force and effect; and

WHEREAS, Applicant has delivered a new affidavit restating all of the original conditions and stipulations, modified with respect to the use of the 2^nd floor as discussed herein; and

WHEREAS, The agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5, therefore be it

RESOLVED, That Community Board Five recommends denial of a new on- premises liquor license for 760 8^TH AVE. REST., INC. for the second and third floors of the premises located at 760-766 8^th Avenue a/k/a 268 West 47^th Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, Darren Berman, on behalf of DBRB LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for the ground floor restaurant to be located at 17 West 19^th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The principal of Applicant is an experienced restaurateur, with an impressive resume and a list of successful, well-known, and highly reputable restaurants'; and

WHEREAS, The Applicant has appeared before Community Board Five in the past and has before received approval for a new liquor license at another location, which venture did not proceed to fruition; and

WHEREAS, The proposed method of operation at the Premises as a "white table cloth" restaurant and only as a restaurant is a positive change from the previous operation at the Premises which was a problematic club; and

WHEREAS, The Premises consists of approximately 5,000 square feet of indoor space on the ground floor, plus additional basement space to be used only for storage, offices, and kitchen prep area; and

WHEREAS, The Premises will be operated exclusively as a restaurant with a patron bar and an approximate total of 160 seats (including banquette seating); and

WHEREAS, Estimated patron usage is limited to 268 including kitchen staff and all personnel in accordance with the current Certificate of Occupancy; and

WHEREAS, The Premises will include 1 patron bar and 1 service bar; and

WHEREAS, Applicant shall:

a. operate the Premises as a restaurant with seated bar and dining service only. Private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

b. not use promoters;

c. limit hours of operation from 11:00 am to 12:30 am Sunday through Thursday and 11:00 am through 1:00 AM Fridays and Saturdays (applicant will return to CB5 in six months to evaluate the success of the agreed upon restrictions);

d. at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing. Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant;

e. use best efforts to clear all garbage and debris from the area in front of and surrounding the premises immediately after closing;

f. use recorded music inside premises only; and at no time employ or use a DJ or other form of live music;

g. prohibit dancing at the Premises at all times and further agree to not apply for a cabaret license;

h. not utilize an exterior "velvet rope" door policy. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

i. discourage customers from loitering outside the Premises at any time;

j. arrange for private garbage pick-up and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

k. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

l. meet with neighbors and CB5 if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Darren Berman ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by DBRB LLC for a new on-premises liquor license for the ground floor restaurant located at 17 West 19^TH Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 37 in favor; 0 opposed; 1 abstaining:.

WHEREAS, Simone Mir or an entity to be formed by him ("Applicant"), has notified Community Board Five of its intention to file an application for a new on premises liquor license for the ground floor restaurant and gentlemen's club located at 33-39 East 21st Street, New York, New York (the "Premises"); and

WHEREAS, The Premises consist of 10,000 square feet of space on the ground floor and 2,000 on the basement level, with the basement level being used solely for storage, bathrooms, office space and a food preparation area; and

WHEREAS, The Premises is a two-part establishment with one side operated exclusively as a restaurant and bar with 20 tables and 144 seats (including banquette seating) for dining and 18 bar stools; and the other side operated exclusively as a gentlemen's club, with 22 tables and 61 seats (including banquette seating) and 11 bar stools; and

WHEREAS, The principals of Applicant are not the principals of the current operator and Applicant plans to take over the Premises and refurbish it; and

WHEREAS, The new restaurant operation will replace what is now a quasi-restaurant/quasi-nightclub operation, and will have fewer tables and chairs and a lesser capacity than the existing operation; and

WHEREAS, The gentlemen's club will remain as such although it will be refurbished and will have fewer tables and chairs and a lesser capacity than the existing operation; and

WHEREAS, The Applicant has agreed that it shall:

a) operate the premises as a restaurant and gentlemen's club with seated bar and dining service only.

b) permit private parties and corporate, but will strictly prohibit promoter-driven events;

c) employ a dedicated security detail at all times, numbering no less than 5 personnel in and in front of the Premises to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet, and respectful manner, (iii) discourage patrons from congregating outside the Premises, (iv) quickly clear the street of all patrons immediately after closing. Security personnel shall be at all times be directed and supervised by employees of Applicant;

d) maintain a waiting area within the Premises so as to prevent lines of patrons from ever forming on the street;

e) strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

f) use best efforts to discourage customers from loitering outside the Premises at any time, whether for smoking, cell-phone use, or any other purpose;

g) use a state-of-the-art sound system and sound proofing to prevent sound leakage onto the street;

h) arrange for private garbage pick-up and store garbage in a manner so as not to cause a disturbance or annoyance to its neighbors, and arrange for a special detail to clean the street outside the Premises after closing every night;

i) meet with neighbors and CB5 if requested, and provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community.

WHEREAS, Applicant agreed to return to CB5 in six (6) months to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made; and

WHEREAS, Should Simone Mir ever contemplate a transfer of his interest in Applicant so he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of any entity or the transfer of a majority interest in an entity), notice shall be given to CBS before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein;

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Simone Mir or an entity to be formed by him for a new on premises liquor license for the ground floor restaurant and gentlemen's club located at 33-39 East 21st Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 37 in favor; 0 opposed; 1 abstaining.

WHEREAS, Jack Menashe, on behalf of Limelight Pub LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for the ground floor restaurant to be located at the premises leased to Applicant on the ground and second floors of the Limelight Marketplace located at 47 West 20^th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Applicant is a joint venture between the Limelight Marketplace and Todd English Restaurants; and

WHEREAS, Applicant is an experienced restaurateur, with an impressive resume and a list of successful, well-known, and highly reputable restaurants'; and

WHEREAS, The proposed method of operation at the Premises as a restaurant and only as a restaurant is a positive change from the previously abandoned condition of the space and the former operation at the Premises which was a problematic club; and

WHEREAS, The Premises consists of 500 square feet of public indoor space on the ground floor, with 5 tables and 20 seats; 850 square feet of public indoor space on the second floor, with 11 tables and 34 seats; and 1,400 square feet of back-of-house space on the second floor and in the basement, to be used only for storage, offices, and full kitchen; and

WHEREAS, The Premises includes 1,865 square feet of outdoor space on the ground floor; 1,250 of which will be used for outdoor dining, with 12 tables and 48 seats; an additional 280 square feet area west of the entrance passageway will not be utilized; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a combined total of 28 tables and 92 seats for indoor and outdoor dining, and 23 bar stools at the indoor patron bars; and

WHEREAS, The Premises will include 3 indoor patron bars and no service bars; with no licensed patron or service bars in the outdoor space; and

WHEREAS, Applicant shall:

a. operate the Premises as a restaurant with seated bar and dining service only. Private parties shall be deemed included in restaurant use but promoter-driven events are specifically excluded from restaurant use;

b. restrict the use of any outdoor space to table dining service only, with the areas closed and patrons dispersed no later than 10:00PM Sunday through Thursday nights and 11:00PM Friday and Saturday nights; in full accordance with CB5's Outdoor Operations guidelines;

c. maintain operating hours indoors, closing no later than 12:30AM Sunday through Thursday nights and 1:00AM Friday and Saturday nights; with extension of hours to be considered by CB5 at applicant's request after 6 months of operation;

d. maintain dedicated security personnel in and in front of the Premises at all times to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing. Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant;

e. ensure that sound does not leak at any time from the inside of the Premises through the walls, windows, or doors to neighboring residences; with no amplified sound in the outdoor space at any time;

f. prohibit dancing at the Premises at all times;

g. not apply for a cabaret license;

h. keep amplified music at a background level, conducive to an eating establishment only; and not incorporate a DJ or live music at any time;

i. maintain an interior space at all times for purposes of queuing patrons; using best efforts, including monitoring by security personnel, to restrict the number of patrons queuing in the outdoor space and to keep noise to an absolute minimum;

j. discourage customers from loitering outside the Premises at any time;

k. arrange for private garbage pick-up; with one pick-up for multiple operations at the Premises; and store garbage in a manner so as not to cause a disturbance or annoyance to its neighbors;

l. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

m. meet with neighbors and CB5 if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Applicant shall return to CB5 in six (6) months to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Jack Menashe ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Limelight Pub LLC for a new liquor license for the ground floor restaurant to be located at 47 West 20^th Street (between Fifth and Sixth Avenues), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 37 in favor; 0 opposed; 1 abstaining.

WHEREAS, MARK STERN, on behalf of PRANDIAL LLC d/b/a "Prandial" ("Applicant"), has notified Community Board Five of its intention to renew an existing liquor license for the ground floor restaurant located at 31 West 21^st Street, New York, New York (the "Premises"); and

WHEREAS, the Premises consists of approximately 2,700 square feet on the ground floor of useable public space, and an additional 1,000 square feet to be used only for kitchen, offices, and storage; and

WHEREAS, the Premises will be operated exclusively as a restaurant, with a total of approximately 30 tables, 105 seats, and 15 bar stools, with a full kitchen; and

WHEREAS, the total capacity of the Premises is 130; and

WHEREAS, the Premises includes 1 patron bar and no service bars;

WHEREAS, Applicant shall:

1. agree to keep the establishment exclusively as a restaurant, with hours of operation Monday through Thursday from 12pm to 11pm, Friday and Saturday from 12pm to 12am, and Sunday from 11:30am to 10pm;

2. not apply for a cabaret license or a sidewalk cafe;

3. not hire outside promoters;

4. not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Mark Stern ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, these agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, that Community Board Five recommends denial of the application by PRANDIAL LLC for a new on-premises liquor license for the ground floor restaurant located at 31 West 21^st Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 41 in favor; 0 opposed; 1 abstaining.

WHEREAS, THOMAS TARDIE, on behalf of BREAD & BUTTER ENTERTAINMENT LLC d/b/a "La Pomme" ("Applicant"), has notified Community Board Five of its intention to renew an existing liquor license for the ground floor bar/cocktail lounge located at 37 West 26^th Street, New York, New York (the "Premises"); and

WHEREAS, the Premises consists of approximately 3000 square feet of indoor space on the ground floor, which includes a mezzanine area of approximately 150 square feet; with basement used only for storage and offices; and

WHEREAS, the Premises includes no outdoor space; and

WHEREAS, the Premises is operated exclusively as a bar/cocktail lounge and corporate/private event space, with partial kitchen for offering light food service; with a total of 75 seats and 15 tables; and

WHEREAS, total capacity of the Premises is 199; and

WHEREAS, the Premises includes 1 patron bar and no service bar; and

WHEREAS, Applicant shall:

a. be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part): (i) at all times Applicant shall remain responsible for and in complete control of the Premises and its patrons and (ii) all material positions of operation shall be the employees of the Applicant at all times;

b. maintain adequate security at the Premises during hours of nightlife operation, with maintain an exception for corporate or private events, in the proportion of one security personnel for every 50 patrons, thus requiring four security personnel for the expected occupancy, to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing; Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

c. incorporate the use of a smoking area with adequate security to corral smokers, control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises at any time;

d. agree to install used-cigarette receptacles in front of Premises, if in compliance with the law, and use best efforts to maintain cleanliness of sidewalk in front of Premises;

e. discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

f. provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community, and agree to meet with neighbors and CB5 if requested;

g. strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Thomas Tardie ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein;

WHEREAS, these agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, that Community Board Five recommends denial of the application by BREAD & BUTTER ENTERTAINMENT LLC d/b/a "La Pomme" to renew an existing liquor license for the ground floor bar/cocktail lounge located at 37 West 26^th Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 41 in favor; 0 opposed; 1 abstaining.

WHEREAS, RAJIV SHARMA, on behalf of PRANNA HOSPITALITY INC., ("Applicant"), has notified Community Board Five of its intention to renew an existing liquor license for Pranna restaurant, bar, lounge located at 79 Madison Avenue, New York, New York (the "Premises"); and

WHEREAS, the Premises consist of an estimated 15,000 square feet of usable floor space. At present the Premises are subdivided as follows:

CELLAR LEVEL: Lounge (1,590sf), Coat Room (620sf), HVAC (380sf), Bathrooms (790sf) and Back of House (1,770sf)

MAIN LEVEL: Main Dining Hall (1,440sf), Private Dining Area (450sf), Lounge Hall (420sf), Lounge Area (890sf), Bar Area (1,130sf), Bathrooms (190sf), Back of House (2,840sf)

MEZZANINE LEVEL: Private Dining (660sf), Bar and Lounge (1,450sf), Back of House (670sf)

b. the Premises will be operated predominantly as a restaurant, bar and lounge; and

WHEREAS, Applicant shall:

a. operate the Premises as a restaurant, bar and lounge with seated bar and dining service, we are responsible at any time that an event or party is hosted or marketed by a third party (in whole or in part), and during such private events dancing may be allowed in the rented space only, in compliance with the Applicant's on-premises Catering License issued by the City of New York;

b. continue to refrain from any use of promoters

c. (i) at all times Applicant shall remain responsible for and in complete control of the Premises and its patrons and (ii) all material positions of operation shall be the employees of the Applicant at all times; and

d. except on holidays and for private events, will stop serving alcohol at the following times, with the Premises cleared within thirty (30) minutes after closing:

i. Sunday-Wednesday, no later than 2:00 AM

ii. Thursday-Saturday, no later than 4:00 AM

e. at all times when the Premises is being used for more than just restaurant use, maintain no less than six (6) dedicated security personnel in and in front of the Premises at all times and a Pranna event staff member to (i) guide guests as quickly as possible inside to an event or to the late-night lounge, preventing long lines outside of Premises; (ii) ensure that patrons enter and leave the Premises and 28th Street in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to have 28^th Street cleared of all patrons within one-half hour of closing. Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant;

f. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

g. not utilize an exterior "velvet rope" door policy. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

h. provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, Applicant will encourage its customers to use an outdoor area on the side of the Premises for smoking and shall discourage customers from loitering outside the Premises on 28th Street.;

i. meet with neighbors and CB5 on a regular basis if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, should Rajiv Sharma ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, these agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, that Community Board Five recommends denial of the application by PRANNA HOSPITALITY INC. to renew an existing liquor license for Pranna restaurant, bar, lounge located at 79 Madison Avenue, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 41 in favor; 0 opposed; 1 abstaining.

WHEREAS, MICHAEL CASEY, on behalf of 47 McPub Inc. d/b/a "Red Sky" ("Applicant"), has notified Community Board Five of its intention to renew an existing liquor license for the 1^st and 2^nd floor bar / restaurant / event space with outdoor roof deck located at 47 East 29^th Street, New York, New York, 10016 (the "Premises"); and

WHEREAS, the Premises consists of approximately 5,000 square feet of space on the 1^st floor, 2^nd floor, roof top and basement and that the basement is to be used only for storage and offices.; and

WHEREAS, the Premises has a public assembly valid for the entire establishment with a maximum occupancy of 225 people (patrons and employees); and

WHEREAS, the Premises will be operated predominantly as a bar /restaurant / event space with a total of 15 first floor bar stools, 4 first floor tables, 8 roof top tables for a total of 63 seats; and

WHEREAS, Applicant shall:

a. operate the Premises as a bar / restaurant / event space with seating and standing areas and use no promoters except for special occasions such as Halloween and New Year's Eve.

b. be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part): (i) at all times Applicant shall remain responsible for and in complete control of the Premises and its patrons and (ii) all material positions of operation shall be the employees of the Applicant at all times;

c. premises indoor operation shall be Monday through Saturday with a 4:00 AM closing time except that Sundays during football season the venue shall be open.

d. premises roof top operation shall close completely at 11:00PM Sunday through Thursday and Midnight on Friday and Saturday.

e. at all times when the Premises is being used, maintain security personnel at a ratio of (1) guard per up to 50 persons to maintain order both inside and outside of the Premises, ensure that patrons enter and leave the Premises and 29^th Street in a peaceful, quiet and respectful manner; ensure that patrons exit the roof at the designated closing time; discourage patrons from congregating outside the Premises; and use best efforts to have 29^th Street cleared of all patrons within one-half hour of closing. Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant;

f. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

g. have iPod or similarly produced music, and in no event shall a DJ, live music or dancing ever be permitted at the Premises, except as specifically provided for herein;

h. not utilize an exterior "velvet rope" door policy and charge no cover. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

i. provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, Applicant will maintain an outdoor smoking area in front of the Premises and will encourage its customers to use that area for smoking and cell phone use and shall discourage customers from loitering outside the Premises on 29^th Street. This smoking area will be monitored by a security presence after 11 pm on all nights;

j. arrange for private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

k. meet with neighbors and CB5 on a regular basis if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Michael Casey ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein;

WHEREAS, these agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, that Community Board Five recommends denial of the application by 47 McPub Inc. d/b/a "Red Sky" to renew an existing liquor license for the 1^st and 2^nd floor bar / restaurant / event space with outdoor roof deck located at 47 East 29^th Street, New York, New York, 10016, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 41 in favor; 0 opposed; 1 abstaining.

WHEREAS, Jenny Umans, on behalf of TR32 Enterprise Corporation ("Applicant"), has notified Community Board Five of its intention to file an application for an on premises liquor license within the premises to be leased to Applicant on the fourth floor of 2 West 32^nd Street, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of 2,000 square feet of indoor space on the fourth floor of the Premises; and

WHEREAS, The Premises will be operated exclusively as a bar, lounge, with a total of 31 tables and 62 seats for drinking and eating light fare; there will be no bar stools; and

WHEREAS, Estimated total capacity is approximately 70 on the fourth floor including personnel and staff; and

WHEREAS, The Premises will include 1 patron bar; and

WHEREAS, Applicant shall:

a. provide floor plans prepared by licensed architect, indicating egress path, egress calculations and occupancy load in 30 days (August 1, 2010)

b. provide NYC DOB approved plans in 60 days (September 1, 2010)

c. operate the Premises as a lounge with standing bar and light fare food service. Private parties shall be deemed included in Lounge Use;

d. hours of operation Monday through Thursday 6 PM to 2 AM; Friday and Saturday 6PM through 3AM; and closed Sunday;

e. at its option, have a live piano music to be used by patrons;

f. prohibit dancing at the Premises at all times;

g. discourage customers from loitering outside the Premises at any time;

h. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

i. meet with neighbors and CB5 if requested to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Jenny Umans ever contemplate a transfer of her interest in Applicant so that she does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, that Community Board Five recommends denial of the application by TR32 Enterprise Corporation for an on premises liquor license within the premises to be leased to Applicant on the fourth floor of 2 West 32^nd Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, Joe Regele, on behalf of Roughlock LLC ("Applicant"), has notified Community Board Five of its intention to renew an existing liquor license for the ground floor bar located at 127 West 26^th Street, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of 2,353 square feet of indoor space on the ground floor; and

WHEREAS, The Premises is operated exclusively as a bar, with a total of 18 tables, 54 seats and 28 bar stools, with a partial kitchen serving prepared foods only; and

WHEREAS, Total capacity of the Premises is 225 and the Premises includes 2 patron bars and no service bars; and

WHEREAS, Applicant shall:

a. agree to close and secure the front double-hung windows at 10:00pm every night of the week, keeping them closed for the remainder of the night, with no exceptions;

b. instruct management and security personnel to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing; Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

c. incorporate the use of a "smoking pen" with adequate security to corral smokers, control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises at any time;

d. agree to install used-cigarette receptacles in front of Premises, if in compliance with the law, and use best efforts to maintain cleanliness of sidewalk in front of Premises;

e. instruct staff and management that under no circumstances are alcoholic beverages to be passed through the window to patrons on the sidewalk; nor are patrons to be permitted to leave the Premises with alcoholic beverages in hand;

f. shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community, and agree to meet with neighbors and CB5 if requested;

g. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

h. return to CB5 in three (3) months to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Roughlock LLC to renew an existing liquor license for the ground floor bar located at 127 West 26^th Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Edge NYC Inc. has notified Community Board Five of their intent to apply to the NY State Liquor Authority for an original on-premises liquor license for the premises located at 162 Madison Avenue between E32nd & E33rd; and

WHEREAS, CB5 receives approximately 50-60 liquor license/wine/renewal/cabaret applications per month; and

WHEREAS, In order for CB5's Public Safety/Quality of Life Committee to determine whether or not the applicant is to come before the committee and the full board, research is done on such things as square footage, public assembly, sound amplification and hours of operation, as well as conducting a site visit and having discussions with the applicant; and

WHEREAS, Applicants and/or their attorneys are notified to provide such information regarding such a request to the community board office in the form of a questionnaire; and

WHEREAS, This questionnaire is provided on the CB5 website and made available to applicants and, as noted on the questionnaire, is due one week after their letter of intent is received at the board office; and

WHEREAS, Numerous follow-up phone calls/emails are made by the committee and board office and in some cases this request for information is ignored; and

WHEREAS, Applicants/attorneys who do not comply are contacted and apprised that the information requested in the questionnaire is an essential part of the process; and

WHEREAS, The same applicants/attorneys are also apprised that a negative resolution will be presented to the full board by the committee with the ONLY exception being that the board office receives a letter (copy to State Liquor Authority) requesting postponement until next month and with the notation that said application to the State Liquor Authority will not be submitted until after the applicant/attorney meets with the PS/QL Committee; and

WHEREAS, After numerous attempts, this applicant has not complied with this requirement, and the PSQL Committee and CB5 have insufficient information regarding the above application for an on-premises liquor license; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for an on-premises liquor license for Edge NYC Inc., for the premises located at 162 Madison Avenue between E32nd and E33rd.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, 260 COM 4 LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new on premises liquor license for new space to be leased to Applicant on the ground floor and basement of 260 Park Avenue South, New York, New York, (the "Premises"); and

WHEREAS, The Premises is located in a new twelve story condominium containing 108 residential units; and

WHEREAS, The Premises consists of approximately 6,000 square feet in the ground floor and basement of the newly constructed Premises, which space has a legal occupancy of 233 persons; and

WHEREAS, No liquor license currently exists at the Premises and the proposed use of the Premises is as a new restaurant/bar/lounge; and

WHEREAS, The proposed hours of operation of the Premises are 5:00 PM to 1:00 AM Sunday through Wednesday and 5:00 PM to 4:00 AM Thursday through Saturday; and

WHEREAS, There is some overlap in the principals of Applicant and 260 Park Avenue South LLC, the owner of the Premises; and

WHEREAS, Although the Applicant has hired a well-qualified and experienced consultant on an at-will basis, the principals of Applicant have no experience managing or operating a restaurant/bar/lounge; and

WHEREAS, Members of the community have identified twenty-six (26) establishments within 500 feet of the Premises with an on-premises liquor license; and

WHEREAS, Members of the community have offered evidence that the Premises may be within 200 feet of the Calvary Episcopal Church; and

WHEREAS, A petition opposing the application with approximately 250 signatures was presented to CB5 by members of the community; and

WHEREAS, The proposed lease to Applicant for the Premises does not contain restrictions and prohibitions with respect to use and disturbance customarily found in arms-length leases and there is concern that the overlapping relationship between principals of Applicant and the owner of the Premises would leave Applicant subject to no customary supervision or enforcement of quality of life standards by ownership; and

WHEREAS, The proposed method of operation as a new restaurant/bar/lounge open to 1:00 AM weekdays and 4:00 AM weekends for a large 6,000 sf space with a high occupancy of 233 persons is not appropriate at the location of the Premises; therefore be it

RESOLVED, that Community Board Five recommends denial of the application by 260 COM 4 LLC for a new on premises liquor license at 260 Park Avenue South, New York, New York.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, RENEGADES ASSOCIATES, INC. D/B/A/ "SPLASH BAR" ("Applicant") has notified Community Board Five of their intent to apply to the NY State Liquor Authority for the renewal of an on-premises liquor license for the premises located at 50 West 17^th Street, New York, NY at Sixth Avenue (the "Premises"); and

WHEREAS, The Premises consists of approximately 10,000 square feet: 6,000 square feet on the ground level and 4,000 in the basement level; and

WHEREAS, The Premises has a legal capacity of 599 persons: 399 on the ground level and 200 in the basement level; and

WHEREAS, On the ground level, there are 2 patron bars and approximately 40 bar stools, and

WHEREAS, On the ground level, there is a dance floor with 24 tall cocktail tables, and 72 tall chairs which are removed late evenings to accommodate dancing; and 5 tables with banquette seating, and a stage; and

WHEREAS, In the basement level there is 1 bar, 2 areas with tables and banquette seating, restrooms, offices, coat check and an employee locker room; and

WHEREAS, There are 2 sets of soundproofed doors and 2 sets of windows facing 17^th Street, which windows and doors are closed nightly no later than 9:00 PM; and

WHEREAS, Hours of operation of the Premises are 4:00 PM to 4:00 AM every day; and

WHEREAS, The Premises employs security personnel as follows:

4:00 PM - 9:00 PM - no less than 1 security officer
9:00 PM - 10:00 PM - no less than 2 security officers
10:00 PM - Closing - no less than 6 security officers; and

WHEREAS, Applicant maintains a smoking pen in front of the premises, which is monitored to prevent excessive noise by patrons; and

WHEREAS, Neighboring residents expressed some concern for cab congestion, noise, and trash on 17^th Street, most of which is attributable to "Retreat", a problematic establishment also on that block; and

WHEREAS, Applicant agreed to continue to monitor patron noise, cab congestion, and trash resulting from the Premises to improve conditions on 17^th Street overall; and

WHEREAS, Splash Bar has been operating at this location in excess of 19 years; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by RENEGADES ASSOCIATES, INC. D/B/A/ "SPLASH BAR" for the renewal of an on-premises liquor license for the premises located at 50 West 17^th Street, New York, NY at Sixth Avenue.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, JIN YOUNG PARK ON BEHALF OF 212 PARK INC. D/B/A "CAFÉ SPACE 212" ("Applicant") has notified Community Board Five of their intent to apply to the NY State Liquor Authority for the renewal of an on-premises liquor license for the premises located at 319 Fifth Avenue, New York, NY at 32^nd Street (the "Premises"); and

WHEREAS, CB5 receives approximately 40-50 liquor license/wine/renewal/cabaret applications per month; and

WHEREAS, In order for CB5's Public Safety/Quality of Life Committee to determine whether or not the applicant is to come before the committee and the full board, research is done on such things as square footage, public assembly, sound amplification and hours of operation, as well as a conducting a site visit and discussion with the applicant; and

WHEREAS, Applicants and/or their attorneys are notified to provide such information regarding such a request to the community board office in the form of a questionnaire; and

WHEREAS, This questionnaire is provided on the CB5 website and made available to applicants and, as noted on the questionnaire, is due one week after their letter of intent is received at the board office; and

WHEREAS, Numerous follow-up phone calls/emails are made by the committee and board office and in some cases this request for information is ignored; and

WHEREAS, Applicants/attorneys who do not comply are called and apprised in writing that the information requested in the questionnaire is an essential part of the process; and

WHEREAS, The same applicants/attorneys are also apprised that a negative resolution will be presented to the full board by the committee with the ONLY exception being that the board office receives a letter (copy to State Liquor Authority) requesting postponement until next month and with the notation that said application to the State Liquor Authority will not be submitted until after the applicant/attorney meets with the PSQL Committee; and

WHEREAS, After numerous attempts, the applicant has still not complied with this requirement; and

WHEREAS, Members of the public testified that the operation at the Premises constitutes a public nuisance as a result of trash, violence, vandalism, and other negative impacts on the community; and

WHEREAS, Despite the lack of information from the Applicant, CB5 learned that there are a number of alleged violations pending against this establishment, including underage drinking, locked egress, and lack of security; and

WHEREAS, There is currently a vacate order issued by the New York City Department of Buildings against the Premises for unsafe conditions; and

WHEREAS, Although CB5 has received verification from the State Liquor Authority that the Premises is not currently licensed to serve alcohol, Applicant continues to serve; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by JIN YOUNG PARK ON BEHALF OF 212 PARK INC. D/B/A "CAFÉ SPACE 212" for the renewal of an on-premises liquor license for the premises located at 319 Fifth Avenue, New York, NY at 32^nd Street.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, DAMION LUAIYE, on behalf of an entity to be formed by him ("Applicant"), has notified Community Board Five of its intention to file an application for an on premises liquor license within the premises to be leased to Applicant on the ground floor of 1133 Broadway, at 26^th Street (the "Premises"); and

WHEREAS, The Premises consists of up to 4,400 square feet of indoor raw space on the ground floor; and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises will be operated exclusively as an eating and drinking establishment, private events space, and art-exhibition and performance space, excluding musical acts with amplified sound, with a kitchen offering light food service prepared on Premises, and an option for outside food service for special events, with an approximate total of 18 tables, 72 seats, and 20 bar stools; and

WHEREAS, The Premises will include two patron bars with an additional service bar to be used only by restaurant personnel to support table service; and

WHEREAS, Applicant shall:

a. restrict the hours of operation to no later than 2:00 am on Sunday through Tuesday nights, and 4:00 am Wednesday through Saturday nights;

b. not use outside promoters at any time;

c. not seek a cabaret license at any time; and agree that use clause of lease shall not provide for use as a cabaret;

d. file for a public assembly permit that does not exceed 150 persons for Premises; and agrees to comply with that number during the course of normal operations;

e. maintain adequate security in the Premises at all times in the proportion of one security personnel for every 75 patrons, thus requiring two security personnel for the expected occupancy, to (i) ensure that patrons enter and leave the Premises in a peaceful, quiet, and respectful manner, (ii) discourage patrons from congregating outside the Premises, and (iii) use best efforts to have street frontage on Broadway cleared of all patrons within one half-hour of closing;

f. discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

g. maintain a waiting area inside the Premises to prevent lines of patrons outside; incorporate the use of a "smoking pen" with adequate security to corral smokers, control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises at any time;

h. engage a sound engineer (Acoustilog Inc., or other engineer reasonably satisfactory to CB5) to inspect the Premises and make structural and sound system recommendations to ensure that sound does not have a deleterious effect on neighboring residences; share findings with CB5 for review of an acceptable level of sound; and agrees to install preset limiters controlled by management for sound;

i. ensure that garbage, especially food garbage, is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians;

j. strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and

k. meet with neighbors and CB5, if requested; and

WHEREAS, Applicant agrees to return to CB5 six (6) months from the date of opening to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Damion Luaiye ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, that Community Board Five recommends denial of the application by DAMION LUAIYE, on behalf of an entity to be formed by him for an on premises liquor license on the ground floor of 1133 Broadway, at 26th Street unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 31 in favor; 5 opposed; 1 abstaining.

WHEREAS, 1186 BROADWAY TENANT LLC and/or FRIEDFIELD BRESLIN, LLC, (collectively "Licensee"), has notified Community Board Five of its intention to file an application for the alteration of its Hotel Liquor License and/or On Premises Liquor License affecting the restaurants located at 1186 Broadway a/k/a 20 West 29^th Street, New York, New York (the "Premises") to serve alcohol at sidewalk café(s); and

WHEREAS, in February 2008, CB5 recommended approval of a Hotel Liquor License to Licensee for the Premises (the "Hotel License"); and

WHEREAS, in July 2008, CB5 recommended approval of an On-Premises Liquor License to Friedland Breslin LLC for The Breslin restaurant at the Premises (the "Breslin License"); and

WHEREAS, in March 2010, CB5 recommended approval of an amendment to the Hotel License regarding the Corner Store Oyster Bar a/k/a the John Dory restaurant (the "Amended License"); and

WHEREAS, Licensee has applied for an unenclosed sidewalk café at 1186 Broadway at the corner of 29^th Street, which proposed sidewalk café would have 13 tables and 26 seats, with 4 tables and 8 seats on Broadway, and 9 tables and 18 seats on 29^th Street (the "John Dory Sidewalk Café"); and

WHEREAS, Licensee has applied for an unenclosed sidewalk café at 20 West 29^th Street, between Fifth Avenue and Broadway, which proposed sidewalk café would have 4 tables and 8 seats (the "Breslin Sidewalk Café"); and

WHEREAS, both the John Dory Sidewalk Café and the Breslin Sidewalk Café have the following hours of operation:

- Monday 8:00 AM - 10:00 PM

- Tuesday 8:00 AM - 10:00 PM

- Wednesday 8:00 AM - 10:00 PM

- Thursday 8:00 AM - 11:00 PM

- Friday 8:00 AM - 11:00 PM

- Saturday 11:00 AM - 11:00 PM

- Sunday 11:00 AM - 10:00 PM; and

WHEREAS, Licensee has agreed to certain conditions and stipulations by Affidavit dated March 11, 2010, which Affidavit is attached hereto, the terms of which remain in full force and effect and are applicable to the John Dory Sidewalk Café and the Breslin Sidewalk Cafe; and

WHEREAS, although Licensee previously represented that (among other things) there would be no sidewalk cafes at the Premises, circumstances have now changed because the community strongly supports approval of the John Dory Sidewalk Café and the Breslin Sidewalk Cafe and, accordingly, CB5 has recommended that the City of New York Department of Consumer Affairs approve the John Dory Sidewalk Café and the Breslin Sidewalk Cafe; and

WHEREAS, the proposed Breslin Sidewalk Café is located directly across the street from Masjid Ar-Rehman, a mosque and place of worship, and the imams have expressed their strong opposition to the serving of alcohol at the Breslin Sidewalk Café; and

WHEREAS, although CB5 has no objection to the service of food at the Breslin Sidewalk Café, because of the strong opposition by Masjid Ar-Rehman to the service of alcohol at the Breslin Sidewalk Café, CB5 does not approve service of alcohol at the Breslin Sidewalk Café; therefore be it

RESOLVED, that Community Board Five recommends approval of the application by 1186 Broadway Tenant LLC and/or Friedfield Breslin LLC for the alteration of its On Premises and/or Hotel Liquor License to serve alcohol at the John Dory Sidewalk Café ONLY; and be it further

RESOLVED, that Community Board Five recommends denial of the application by 1186 Broadway Tenant LLC and/or Friedfield Breslin LLC for the alteration of its On Premises and/or Hotel Liquor License to serve alcohol at the Breslin Sidewalk Café.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, 1186 BROADWAY TENANT LLC ("Licensee") has notified Community Board Five of its intention to file an application with the New York City Department of Consumer Affairs for a cabaret license (the "Cabaret License") for the space known as Liberty Hall ("Liberty Hall") at the Ace Hotel, located at 1186 Broadway a//k/a 20 West 29^th Street, New York, NY (the "Premises"); and

WHEREAS, in February 2008, CB5 recommended approval of a Hotel Liquor License to Licensee for the Premises (the "Hotel License"); and

WHEREAS, in July 2008, CB5 recommended approval of an On-Premises Liquor License to Friedland Breslin LLC for The Breslin restaurant at the Premises (the "Breslin License"); and

WHEREAS, in March 2010, CB5 recommended approval of an amendment to the Hotel License regarding the Corner Store Oyster Bar a/k/a the John Dory restaurant (the "Amended License"); and

WHEREAS, Liberty Hall consists of 2,452 square feet in the lower level of the Premises and has a legal occupancy of 205 persons; and

WHEREAS, the Hotel License already permits dancing in Liberty Hall at private events, but a Cabaret License would allow Liberty Hall to be open to the public for dancing; and

WHEREAS, the New York State Liquor Authority requires that an applicant stipulate the "Method of Operation" of the licensed premises including details such as: days and hours of operation, whether live music or dancing is permitted, if the premises includes an outside area, etc.; and

WHEREAS, the Method of Operation of a premises is an integral part of a liquor license application to CB5 and to the SLA; and CB5 reviews and opines on such applications in strict reliance upon the specific Method of Operation agreed to by an applicant; and

WHEREAS, in strict reliance upon the Method of Operation for the Premises which did not include cabaret, CB5 recommended approval of the Hotel License, the Breslin License, and the Amended License; and

WHEREAS, Licensee agreed to certain conditions and stipulations by Affidavit dated March 11, 2010, which Affidavit is attached hereto, in which Licensee agreed that the Premises will be operated exclusively as a hotel (emphasis added) with no more than two (2) restaurants, with approximately 41 tables and 180 seats for dining and 23 bar/counter stools in The Breslin and approximately no more than 12 tables and 101 seats (including banquette seating) for dining and 21 bar stools in the Corner Store Oyster Bar; and

WHEREAS, in said Affidavit, Licensee also agreed to the following conditions/stipulations (emphasis added):

a. operate the Premises as a hotel with room service and mini bars and no more than two (2) restaurants with seated bar and dining service;

b. not use any outside promoters at any time and the Licensee shall at all times remain responsible for and in complete control of the Premises and its patrons and all material positions of operations shall be the employees of the Licensee at all time;

c. continue to maintain its dedicated security personnel at the Premises and provide additional security Thursdays, Fridays and Saturdays to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner, and (iii) discourage patrons from congregating outside the Premises. Security personnel shall be employees of Licensee, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Licensee;

d. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

e. not utilize an exterior "velvet rope" door policy, provided that exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Licensee has an employee responsible for maintaining the orderliness of patrons;

f. discourage customers from loitering outside the Premises at any time;

g. not utilize DJ's in the restaurants of the hotel (though DJ's may be used in event space in the hotel);

h. meet with neighbors and CB5 if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

i. Arrange for private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors; and

WHEREAS, in addition to the Premises, there are approximately five (5) new hotels in this area, all of which have respected the character of this neighborhood and the desire of the community of which they are a part, by agreeing that their Method of Operation not include cabaret; and

WHEREAS, Approving a Cabaret License for this hotel would set a damaging precedent for this community; and

WHEREAS, Letters of strong opposition from the community have been received by CB5 and residents from the area attended the Public Safety/Quality of Life Committee Meeting on June 3, 2010 to voice their strong opposition to the Cabaret License, citing present concerns of street vehicular congestion, horns honking, rowdy patrons exiting in early morning hours, and stating that a Cabaret License is irreconcilably incompatible with the quality of life in and character of their neighborhood; and

WHEREAS, now after CB5 has approved the Hotel License, the Breslin License, and the Amended License, all in reliance upon a Method of Operation that did not include cabaret, Licensee plans to (i) obtain a Cabaret License and (ii) unilaterally modify its Method of Operation to accommodate dancing pursuant to a Cabaret License; and

WHEREAS, the timing of this plan is unfortunate since, with the Hotel License, the Breslin License, and the Amended License already approved, the community is now left with little, if any, leverage to help its voice be heard; and

WHEREAS, Licensee has publicly promised to defy the community's wishes by pursuing (i) its Cabaret License and (ii) modification of its Method of Operation to accommodate dancing in Liberty Hall pursuant to a Cabaret License, despite overwhelming community opposition to such changes; and

WHEREAS, Because of (i) substantial community opposition to Licensee's planned changes, (ii) the potential violation of prior representations by Licensee on which CB5 relied to approve the Hotel License, the Breslin License, and the Amended License, and (iii) the damaging precedent that will be set by allowing this "hotel" to operate with a Cabaret License, CB5 cannot support Licensee's proposed changes; therefore be it

RESOLVED, that Community Board Five STRONGLY RECOMMENDS DENIAL by the New York City Department of Consumer Affairs of an application by 1186 BROADWAY TENANT LLC for a Cabaret License at 1186 Broadway a//k/a 20 West 29^th Street, New York, NY; and be it further

RESOLVED, that Community Board Five STRONGLY RECOMMENDS DENIAL by the New York State Liquor Authority of any modification by 1186 BROADWAY TENANT LLC to its Method of Operation to accommodate dancing pursuant to a Cabaret License at 1186 Broadway a//k/a 20 West 29^th Street, New York, NY.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, Jezalin's at the Limelight, LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new license to sell beer for retail off-premises consumption within the premises leased to Applicant on the ground floor of the Limelight Marketplace located at 47 West 20^th Street (the "Premises"); and

WHEREAS, The Premises consists of 1,400 square feet of space on the ground floor; and

WHEREAS, Applicant is aware that this location falls within the Ladies Mile Historic District and that the Premises itself is an individual landmark and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; and

WHEREAS, Although the Premises is in CB5's moratorium area, and there are residents who continue to object to any new liquor licenses on 20^th Street or 21^st Street or 6^th Avenue between 20^th Street and 21^st Street, the Premises falls within an exception to the moratorium prohibition since it contains less than 3,000 square feet and satisfies other requirements for the exception; and

WHEREAS, The Premises is in a completely enclosed portion of the Limelight Marketplace and will be operated as a gourmet food market; and

WHEREAS, Sale of alcohol will be limited to gourmet beer only for consumption off-premises; and

WHEREAS, The hours of operation will be from 10am-10pm; and

WHEREAS, There was no community objection to this application; therefore be it

RESOLVED, That Community Board Five recommends approval of a new license to Jezalin's at the Limelight, LLC to sell beer on the ground floor of the Limelight Marketplace located at 47 West 20^th Street for off-premises consumption.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, Cana Wine Bar LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new wine and beer license within the premises leased to Applicant on the 2^nd and 3^rd floors of the Limelight Marketplace located at 49 West 20^th Street (the "Premises"); and

WHEREAS, The Premises consists of 400 square feet of space on the second floor and 400 square feet of space on the third floor; and

WHEREAS, Applicant is aware that this location falls within the Ladies Mile Historic District and that the Premises itself is an individual landmark and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; and

WHEREAS, Although the Premises are in CB5's moratorium area, and there are residents who continue to object to any new liquor licenses on 20^th Street or 21^st Street or 6^th Avenue between 20^th Street and 21^st Street, the Premises falls within an exception to the moratorium prohibition since it contains less than 3,000 square feet and satisfies other requirements for the exception; and

WHEREAS, The Premises is in a completely enclosed portion of the Limelight Marketplace and will serve wine and beer only; and

WHEREAS, The sale of alcohol will be limited to confined and supervised locations within the Premises; and

WHEREAS, The hours of operation will be from 10am-10pm; and

WHEREAS, There was no community objection to this application; therefore be it

RESOLVED, That Community Board Five recommends approval of a new wine and beer license for the premises leased to Cana Wine Bar LLC on the 2^nd and 3^rd floors of the Limelight Marketplace located at 49 West 20^th Street.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, Double Dime Seven LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new on premises liquor license for a new restaurant to be named "Palatte" located at 66 Madison Avenue, New York City (the "Premises"); and

WHEREAS, The Premises consists of 1800 square feet of space on the ground floor; and

WHEREAS, The Premises will be operated exclusively as a restaurant with a bar, with a total of 20 tables and 57 seats (including banquette seating) and 10 bar stools; and

WHEREAS, Estimated patron usage is approximately 67 with an estimated total capacity of 74, including kitchen personnel and staff; and

WHEREAS, The Premises will include 1bar providing service for the entire restaurant; and

WHEREAS, Applicant has met with residents of the residential co-op in which the Premises is contained and the residents have expressed support for the Applicant provided that Applicant agree to the conditions and stipulations set forth herein; and

WHEREAS, Applicant has agreed to:

a. operate the Premises as a restaurant with seated bar and dining service only. Private parties shall be deemed included in restaurant use but promoter-driven events are specifically excluded from restaurant use;

b. monitor the use of the sidewalk space utilized by smokers during hours of operation and to discourage customers from loitering outside the Premises at any time;

c. at any time that an event or party is hosted or marketed by a third party (in whole or in part): (i) at all times Applicant shall remain responsible for and in complete control of the Premises and its patrons and (ii) all material positions of operation shall be the employees of the Applicant at all times;

d. prohibit dancing at the Premises at all times;

e. cause a disturbance or annoyance to its neighbors;

f. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

g. meet with neighbors and CB5 if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community if requested by the board of 66 Madison Avenue; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Steven Putzeys ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Fiverecommends denial of the new on premises liquor license for a new restaurant to be named "Palatte" located at 66 Madison Avenue, New York City unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, GQ Nightlife LLC d/b/a "Promenade" ("Applicant"), has notified Community Board Five of its intention to file an application with the Department of Consumer Affairs for a new cabaret license for the , located at 215 West 28^th Street; and

WHEREAS, Applicant is currently in possession of a liquor license for the Premises that was approved by Community Board Five (CB5) in July of 2008 subject to extensive assurances, conditions and stipulations regarding the method of operation agreed to by the owner (attached); and

WHEREAS, Applicant has failed to comply with the conditions and stipulations to which it agreed; and

WHEREAS, Principals of Applicant failed to appear at the May 5, 2010 meeting of the Public Safety and Quality of Life Committee as requested but instead sent Ms. Nichole Macdonald, a new manager of the establishment with no experience in handling matters of this seriousness and with no authority whatsoever on behalf of the Applicant; and

WHEREAS, Ms. Macdonald stated that she had been hired 6 months ago and given a set of responsibilities that included making improvements to the method of operation of the venue, for which she has no experience or qualifications to perform; and

WHEREAS, Ms. Macdonald stated that recently the venue had received a violation for operating as an illegal cabaret and that, despite the violation and illegality of the method of operation, the Premises continues to operate as a cabaret; and

WHEREAS, In recent years what had once been primarily a manufacturing area of the city is now home to many new residences and commercial businesses, and has been long home to a school, the Fashion Institute of Technology; and

WHEREAS, Neighboring businesses and residents came out in strong opposition to the venue and presented verbal testimony, written testimony, a signed petition and e-mails indicating the same; and

WHEREAS, Among the more serious instances reported at the venue are:

Sunday Night 3/29-30/09 Multiple Stabbing Inside Club

Sunday Night 1/24-25/10 Shots Fired Outside Club

Friday Night 3/26-27/10 Fighting Outside Club; and

WHEREAS, In addition to the above incidents, residences and businesses indicated that the quality of life issues due to the venue were extensive and included excessive crowds, public urination, noise, littering and disregard for others on the block; therefore be it

RESOLVED, That Community Board RECOMMENDS DENIAL of the issuance of a new cabaret license for GQ Nightlife LLC d/b/a "Promenade" located at 215 West 28^th Street.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, Sixth Avenue Grimaldi, Inc. ("Applicant") has notified Community Board Five of its intention to file an application for a new wine and beer license within the premises leased to Applicant on the ground floor of the Limelight Marketplace located at 656 Sixth Avenue (the "Premises"); and

WHEREAS, The Premises consists of 1,200 square feet of space on the ground floor; and

WHEREAS, Applicant is aware that this location falls within the Ladies Mile Historic District and that the Premises itself is an individual landmark and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; and

WHEREAS, Although the Premises are in CB5's moratorium area, and there are residents who continue to object to any new liquor licenses on 20^th Street or 21^st Street or 6^th Avenue between 20^th Street and 21^st Street, the Premises falls within an exception to the moratorium prohibition since it contains less than 3,000 square feet and satisfies other requirements for the exception; and

WHEREAS, The Premises will be operated as a sit down pizza establishment similar in operation to Applicant's other locations of the same name, and

WHEREAS, The Premises will have an occupancy of seventy four (74) persons, will have twenty five (25) tables and sixty-five (65) chairs and no patron bars; and

WHEREAS, There will be a brick pizza oven and the Applicant will serve full pie pizzas, antipasto, calzones and desserts; and

WHEREAS, The Applicant has agreed that it shall:

strictly comply with and adhere to the plans for the operation of the business, as set forth herein;
have background music only, and in no event shall a DJ, live music or dancing ever be permitted at the Premises;
provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, Applicant will maintain the outdoor area to the south of its Premises as a queuing area for patrons waiting to be seated and will ensure that its customers queue in an orderly manner, single file and keep noise to a minimum;
closely monitor exterior queuing allowed only for purposes of maintaining legal capacity and provided that Applicant has an employee responsible for maintaining the orderliness of patrons in line. Any queuing shall be along the Sixth Avenue side of the Limelight only and shall not extend past the corner of Sixth Avenue and 20th Street;
maintain adequate security on the premises at all times necessary to (i) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (ii) discourage patrons from congregating outside the Premises;
not use any outside promoters at any time;
arrange for private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;
meet with neighbors and CB5 on a regular basis if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Applicant has agreed that it shall cease serving beer and wine at11:00 P.M. every night and close the premises by 2 A.M. every night. After six months, Applicant may seek CB5's consent to an extension of those hours and Applicant shall only extend the hours as and if CB5 so consents; and

WHEREAS, Applicant and its principal, Frank Ciolli, shall return to CB5 in six (6) months after opening to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Frank Ciolli ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Fiverecommends denial of the beer and wine license for Sixth Avenue Grimaldi Inc. for 656 Sixth Avenue unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Karen Murray/47-McPub Inc. has notified Community Board Five of their intent to apply to the NY State Liquor Authority for the renewal of an on-premises liquor license for the premises located at 47 East 29^th St.; and

WHEREAS, CB 5 receives approximately 40-50 liquor license/wine/renewal/cabaret applications per month; and

WHEREAS, In order for CB5's Public Safety/Quality of Life Committee to determine whether or not the applicant is to come before the committee and the full board, research is done on such things as square footage, public assembly, sound amplification and hours of operation, as well as a conducting a site visit and discussion with the applicant; and

WHEREAS, Applicants and/or their attorneys are notified to provide such information regarding such a request to the community board office in the form of a questionnaire; and

WHEREAS, This questionnaire is provided on the CB5 website and made available to applicants and, as noted on the questionnaire, is due one week after their letter of intent is received at the board office; and

WHEREAS, Numerous follow-up phone calls/emails are made by the committee and board office and in some cases this request for information is ignored; and

WHEREAS, Applicants/attorneys who do not comply are called and apprised in writing that the information requested in the questionnaire is an essential part of the process; and

WHEREAS, The same applicants/attorneys are also apprised that a negative resolution will be presented to the full board by the committee with the ONLY exception being that the board office receives a letter (copy to State Liquor Authority) requesting postponement until next month and with the notation that said application to the State Liquor Authority will not be submitted until after the applicant/attorney meets with the PS/QL Committee; and

WHEREAS, After numerous attempts, the applicant has still not complied with this requirement, and the PS/QL Committee and CB 5 have insufficient information regarding the above application for an on-premises liquor license; therefore be it

RESOLVED, That Community Board Five recommends denial of the renewal of an on-premises liquor license for Karen Murray/47-McPub Inc., for the premises located at 47 East 29^th St., NYC.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, Lola's - 251 West 30^th Street LLC ("Applicant"), has notified Community Board Five of its intention to file for the transfer of an on-premises liquor license for the ground and second floor space (at this time called "Rebel" and to be renamed "Lola" or other suitable name) located at 251 West 30^th Street, New York, New York, 10011 (the "Premises"); and

WHEREAS, The Premises consists of approximately 4022 square feet of indoor space on the ground floor, 5130 square feet of indoor space on the second floor, and 963 square feet of space on the mezzanine level between; and

WHEREAS, The Premises includes approximately 536 square feet of outdoor space on the second floor; and

WHEREAS, Estimated patron usage is approximately 280 on the ground floor; 357 on the second floor (including office and VIP spaces); 67 on the mezzanine level; and 37 on the outdoor space; with an estimated total capacity of 741, including personnel and staff; and

WHEREAS, The Premises will include 3 patron bars and one service bar; and

WHEREAS, Applicant has agreed that Applicant shall:

a. operate the Premises as a performance space, a private event space, eating and drinking establishment, and a night club;

b. restrict the use of any outdoor space to smoking use only with no music and further provide security for said space to control patron noise and activity (this will not prohibit patrons from consuming alcoholic beverages where permitted by law);

c. be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part):

i. at all times Applicant shall remain responsible for and in complete control of the Premises and its patrons and

ii. all material positions of operation shall be the employees of the Applicant at all times;

d. at all times when the Premises is being used and open to the public, applicant shall:

i. abide by the recommendations of the NYPD and New York Nightlife Association's "Best Practices for Nightlife", to employ a minimum of 1 security guard per 75 patrons at all times when operating as a nightlife venue; and

ii. when operating as a nightclub or when event requires, maintain no less than three (3) dedicated security personnel per complete floor in use (no less than two (2) security personnel per partial floor in use); no less than (1) dedicated security personnel in smoking section; and no less than (2) dedicated security personnel in front of club during all hours of operation; totaling a minimum of no less than (9) security personnel when club is fully operational;

iii. maintain order both inside and outside of the Premises;

iv. ensure that to the best of applicant's ability, patrons enter and leave the Premises in a peaceful, quiet and respectful manner;

v. discourage patrons from congregating outside the Premises;

vi. use best efforts to clear the area outside the Premises of all patrons immediately after closing

vii. ensure that Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant;

e. engage a sound engineer (Acoustilog Inc., or other engineer reasonably satisfactory to CB5) to inspect the Premises and make structural and sound system recommendations to ensure that

i. sound does not leak at anytime from the inside of the Premises through the walls, windows, or doors to the neighboring or adjoining residences; and

ii. there is no amplified sound in any outdoor space; and

f. install and operate a sound system in the Premises in compliance with the attached sound system specifications which directs sound inward to maximize containment of all amplified sound;

g. at its option, have live music or a live DJ playing music in the interior spaces only;

h. not utilize an exterior "velvet rope" door policy. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

i. discourage customers from loitering outside the Premises at any time;

j. arrange for private garbage pickup and store its garbage in a manner so as not to cause a disturbance or annoyance to its neighbors;

k. use its best efforts to completely clear 30^th street between 7^th and 8^th Avenues of all patrons within one half hour of closing;

l. strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and

m. meet with neighbors and CB5, if requested, and provide a 24-hour hotline / phone line to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Applicant agreed that, upon the request of CB5, it will return to CB5 in six (6) months to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Jonathan Rossman (managing member) and/or Robert Kurtz (chief executive) ever contemplate a transfer of his interest in Applicant so that he does not have the interest in Applicant as specified ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5, therefore be it

RESOLVED, that Community Board Fiverecommends denial of the application by Lola's - 251 West 30^th Street LLC for the transfer of an on-premises liquor license for the ground and second floor space located at 251 West 30^th Street, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 35 in favor; 2 opposed; 1 abstaining.

WHEREAS, 760 8^TH AVE. REST., INC. ("Applicant"), has notified Community Board Five of its intention to file for a new on premises liquor license for the second and third floors of the premises located at 760-766 8^th Avenue a/k/a 268 West 47^th Street, New York, New York, (the "Premises"); and

WHEREAS, The premises consists of approximately 8,000 square feet of indoor space on the second floor and approximately 8,000 square feet on the third floor of the Premises; and

WHEREAS, The second floor includes a coat check, two bathrooms, offices, kitchen, a center room lobby area and restaurant with bar; and

WHEREAS, The second floor will be operated exclusively as a restaurant and bar with dinner dancing, with a total of 20 tables and 90 seats for dining; several bar stools and a dance area; and

WHEREAS, Occupancy on the second floor is 334 including kitchen personnel and staff; and

WHEREAS, The second floor will include one patron bar and no service bars; and

WHEREAS, The second floor restaurant shall operate from 6:00PM to 11:00PM Tuesday through Saturday for restaurant service and shall close to all restaurant patrons by 12:00 midnight; and

WHEREAS, There will be dancing on the second floor to be permitted during restaurant hours for patrons of the restaurant; and

WHEREAS, After restaurant hours, dancing to be done on the second floor in the restaurant area in conjunction with Private Parties/Catered Events only; and

WHEREAS, The third floor includes a bar, dance floor and two bathrooms; and

WHEREAS, The third floor will be operated exclusively for cabaret, Private Parties/Catered Events; and

WHEREAS, Occupancy on the third floor is 500. Any seating arrangement will not exceed that limit; and

WHEREAS, The third floor will include one patron bar; and no service bar; and

WHEREAS, The third floor will close at 2:00AM on Sunday, Monday and Tuesday; and will close at 4:00AM the other days of the week; and

WHEREAS, On holiday weekends wherein Monday is a Federal/State holiday, the Premises may remain open until 4:00AM; and

WHEREAS, Applicant has agreed to:

a) Operate the second floor as a restaurant with seated bar and dining service with dancing from 6:00PM to 11:00PM on Tuesday through Saturday night. Private Parties/Catered Events will be after restaurant service on the second floor until 4:00AM;

b) Operate the third floor as a cabaret with bar and no service bar;

c) Be responsible for any use and at any time that an event or party is hosted by a third party (in whole or in part): (i) at all times Applicant shall remain responsible for and in complete control of the Premises and its patrons and (ii) all material positions of operation shall be the employees of the Applicant at all times. Applicant uses in house promoters only. Outsider Promoters will not be used at any time by Applicant;

d) At all times when the Premises is being used applicant shall dedicate security personnel in and in front of the Premises at all times to

(i) maintain order both inside and outside of the Premises;

(ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner;

(iii) discourage patrons from congregating outside the Premises,

(iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing. Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant. A security plan is attached to this document.

e) Engage a sound engineer (Accousilog Inc., or other engineer reasonably satisfactory to CB5) to inspect the Premises and make structural and sound system recommendations to ensure that:

(i) sound does not leak at anytime from the inside at of the Premises through the walls, windows, or doors to the neighboring or adjoining residences; to meet legal requirements; and

(ii) amplified sound in any outdoor space is optimized to have the lease deleterious effect on neighboring and adjoining residences to meet legal requirements;

f) Operate a sound system on the second and third floor to compliance with sound system specifications which:

(i) directs sound inward to maximize containment of all amplified sound;

(ii) is computer controlled by management with pre-set maximum volume; and

(iii) features volume controls that are kept under lock and key and can only be accessed by management.

g) have only limited use of an exterior "velvet rope" at door. Interior queuing only and within parameters dictated by and required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

h) Discourage customers from loitering outside the Premises at any time; no more than 10 smokers shall be permitted outside at any time;

i) Arrange for private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

j) Strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

k) Meet with neighbors and CB5 if requested and shall provide a 24 hour hotline to a live manager or owner to immediately address any complaints from the community;

l) No customer service of any kind after end of established hours of operation for liquor service. Premises empty after 4:30AM at the latest except for New Year's Eve if applicant is granted all necessary permits;

m) Employ a head of security which is a monitor with the City of New York;

n) Enforce Sunday through Tuesday closing time no later than 2:00AM and Wednesday through Saturday no later than 4:00AM; and

WHEREAS, Applicant agrees to return to CB5 in six (6) months after opening of business to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity) Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should ANTHONY JULIANO or STEVEN JULIANO ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5, therefore be it

RESOLVED, that Community Board Five recommends denial of a new on- premises liquor license for 760 8^TH AVE. REST., INC. for the second and third floors of the premises located at 760-766 8^th Avenue a/k/a 268 West 47^th Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 37 in favor; 0 opposed; 1 abstaining.

WHEREAS, CGM 835 AVE LLC, ("Applicant"), has notified Community Board Five of its intention to file for a new on- premises liquor license for the ground floor restaurant (at this time called FOODPARC) located at 845 Avenue of the Americas, New York, New York, and the second floor restaurant (at this time called BAR BASQUE) located at 839 Avenue of the Americas, New York, New York (the "Premises"); and

WHEREAS, the Premises consists of approximately 6,049 square feet of indoor space on the ground floor and 13,328 square feet of indoor space on the second floor; and

WHEREAS, the Premises includes approximately 64 linear feet of outdoor tables and chairs immediately adjacent to the ground floor of the restaurant (the "Plaza Tables"), and approximately 3,595 square feet of terrace space (with a retractable roof) on the second floor (the "Terrace"); and

WHEREAS, the Premises will be operated exclusively as a restaurant, food court, and bar, with a maximum occupancy as contained in its public assembly permit; and

WHEREAS, the Premises currently will include 2 patron (stand-up) bars (one, in the FoodParc, and one, in Bar Basque) and one service bar (on the second floor); and

WHEREAS, Applicant has agreed to use reasonable efforts to:

a. Operate Bar Basque as a restaurant with bar and dining service only. Private parties shall be deemed included in Restaurant Use but regular and recurring promoter-driven events are specifically excluded from Restaurant Use;

b. Restrict the use of Plaza Tables to persons purchasing food or beverage from FoodParc; the consumption of liquor at Plaza Tables shall be permitted only by table service by FoodParc employees; the consumption of wine and beer at Plaza Tables shall be permitted by table service or by persons purchasing those products inside FoodParc;

No unenclosed portion of the Terrace and no Plaza tables shall be used later than midnight, Sunday through Wednesday nights, and 1:00 am, Thursday through Saturday nights. Moreover, the retractable roof shall be closed at midnight Sunday through Wednesday, and 1:00 am, Thursday through Saturday to accommodate late dining on the Terrace. Patrons shall not be permitted on any unenclosed portion of the Terrace after these hours.

c. Be responsible for any use of promoters and at all times that an event or party is hosted or marketed by a third party (in whole or in part): the Applicant shall remain responsible for, and be in complete control of the Premises and its patrons;

d. At all times when the Premises is being used for more than just Restaurant Use, maintain appropriate security personnel in and in front of the Premises at all times to (i) maintain order both inside and outside of the Premises; (ii) encourage patrons to enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use reasonable efforts to clear the area outside the Premises of all patrons immediately after closing. Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant;

e. Retain a qualified sound designer to survey the Premises and surrounding buildings to recommend the installation of a sound system and speakers to be used when the Terrace roof is both closed and retracted, and to operating the sound system in compliance with all applicable laws and ordinances governing same;

f. At the Applicant's option, to have a live DJ playing music in the interior spaces only;

g. Prohibit dancing at the Premises at all times, except in connection with private events;

h. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

i. Discourage customers of the Premises from loitering outside the Premises at any time;

j. Arrange for private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

k. Reasonably comply with and adhere to the plans for the operation of the business, as set forth herein;

l. Meet with neighbors and CB5. if requested upon reasonable notice, and shall, so long as same is not abused, and calls to said manager or owner are respectfully made, provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Applicant agreed to meet regularly with CB5, if requested to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, these agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, that Community Board Five recommends denial of a new on- premises liquor license for the ground floor restaurant located at 845 Avenue of the Americas and the second floor restaurant located at 839 Avenue of the Americas, New York, New York for CGM 835 AVE LLC, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Sun & Moon Ventures Corp. has notified Community Board Five of their intent to apply to the NY State Liquor Authority for on-premises liquor license for the premises located at 10 West 32^nd Street; and

WHEREAS, CB 5 receives approximately 40-50 liquor license/wine/renewal/cabaret applications per month; and

WHEREAS, In order for CB5's Public Safety/Quality of Life Committee to determine whether or not the applicant is to come before the committee and the full board, research is done that includes information regarding square footage, public assembly, sound amplification and hours of operation as well as a site visit and discussion with the applicant; and

WHEREAS, Applicants and/or their attorneys are notified to provide such information regarding their request to the Community Board office in the form of a questionnaire; and

WHEREAS, This questionnaire is posted on the CB5 website and made available to applicants and, as noted on the questionnaire, is due one week after their letter of intent is received at the board office; and

WHEREAS, Each month after the deadline, numerous follow-up phone calls/emails, are made by the board office and in some cases this request for information is ignored; and

WHEREAS, Those applicants/attorneys who do not comply are called and apprised in writing that the information requested in the questionnaire is an essential part of the process; and

WHEREAS, The same applicants/attorneys are also apprised that a negative resolution will be presented to the full board by the committee with the ONLY exception being that the board office receives a letter (copy to State Liquor Authority) requesting postponement until next month and with the notation that said application to the State Liquor Authority will not be submitted until after the applicant/attorney meets with the PS/QL Committee; and.

WHEREAS, Notification from this applicant was received at the board office in January 2010 and several attempts have been made to receive the requested/required questionnaire or information regarding this application; and

WHEREAS, To date, no questionnaire or information has been received from this applicant; and

WHEREAS, The PS/QL Committee and CB 5 have insufficient information regarding the above application; therefore be it

RESOLVED, That Community Board Fiverecommends denial of the application for an on-premises liquor license for Sun & Moon Ventures Corp. for the premises located at 10 West 32^nd Street.

The above resolution passed by a vote of 34 in favor; 0 opposed; 2 abstaining.

WHEREAS, The applicant, Manhattan Ding Dong Dang Music Studio Inc. has notified Community Board Five of their intent to apply to the NY State Liquor Authority for beer license for the premises located at 32 West 32^nd Street; and