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Public Safety & Quality of Life

32 West 32nd Street (Between Fifth Avenue and Broadway), 32nd Jabez 32 Corporation, Application for renewal of a wine and beer license

WHEREAS, Applicant Jung Bin Kim, on behalf of 32nd 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 32nd 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 32nd 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.

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