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State Licenses and Permits

22 West 16th Street – “Club Deep Inc. D/B/A Club Deep” – Liquor License Renewal

WHEREAS, Club Deep, Inc., d/b/a "Club Deep" is applying for renewal of the liquor license at the premises 16 West 22nd Street; and

WHEREAS, In June 2002, Joseph Capetola, the present owner(s) came before the Public Safety/Quality of Life Committee of Community Board Five for a liquor license for the premises; and

WHEREAS, The Public Safety/Quality of Life (PS/QL) Committee explained that this block (22nd Street, between 5th and 6th Avenues) is part of the three-block moratorium within Community Board Five and that the previous operation ("Ohm") at this address adversely affected the quality of life on 22nd Street so much so that it was declared one of the two worst clubs within the board area; and

WHEREAS, The owner assured the committee that the new management would be solicitous of our concerns and

the operation would be catering to a new "corporate" clientele


WHEREAS, The committee explained that one of the greatest concerns of the residents and the committee was the use of promoters and the committee was assured that promoters would not be used because the lease did not permit it; and

WHEREAS, In November 2004, when the liquor license was up for renewal, Community Board Five did not recommend renewal because Mr. Capetola had not lived up to his representations -- there was reported drug dealing (police reports), and violence, which involved a shooting in October of that same year, (see attached CB5 November 2004 resolution regarding complaints and violations, etc.); and

WHEREAS, At the October 10, 2006, PS/QL meeting, it was brought to our attention that this on-going "problem club" had not only continued to be problematic but had actually gotten worse – the worse nights being Saturday and Sunday, with hundreds of people hanging around the club between 3:30 and 5:30 a.m., club patrons gun motorcycles, scream, honk car horns, blast radios, throw bottles and engage in fighting; and

WHEREAS, New allegations involving activities in and around the club include drug dealing, specifically an undercover detective purchased on five separate occasions: marijuana, cocaine, and ecstasy (within the premises); and

WHEREAS, Since the Authority has initiated revocation proceedings against the premises, CB5 sent a letter to the SLA on October 6, 2005, asking that the misrepresentations of the club owner be presented as part of the on-going proceedings against Club Deep; therefore be it

RESOLVED, That Community Board Five DOES NOT RECOMMEND approval of the renewal of the liquor license for Club Deep, Inc., d/b/a "Club Deep," located at 16 West 22nd Street due to incidences of violence, drug dealing and the misrepresentation of the method of operation to the Community Board and on the SLA application for the liquor license; and be it further


RESOLVED, That Community Board Five recommends REVOCATION of the liquor license for Club Deep, Inc., d/b/a "Club Deep," located at 16 West 22nd Street under Article 8 "General Provisions" S.118 "Causes for Revocation" of the ABC Law.

The above resolution passed with a vote of 33 in favor, 0 opposed, 2 abstentions.

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