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Public Safety & Quality of Life

25 West 26th Street, between fifth and sixth avenues - Augusto Cardona: application for a new on premises liquor license and cabaret license

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 26th 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 26th 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.

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