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State Licenses and Permits

34-36 West 32nd Street (Between Fifth Avenue and Broadway), K Town 32 Corporation, application for new on premises liquor license

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 32nd 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 32nd Street, between Broadway and Fifth Avenue.

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

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