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State Licenses and Permits
38 West 32nd Street (between Fifth Avenue and Broadway), 32 MUSIC STUDIO, CORP. - application for a new on-premises liquor license
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.