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Public Safety & Quality of Life

127 West 28th Street (between Sixth and Seventh Avenues) New York, NY, CHINA LATINA LLC, APPLICATION FOR A NEW ON-PREMISES LIQUOR LICENSE

WHEREAS, Shaun Smith on behalf of China Latina LLC ("Applicant") has notified Community Board Five of its intention to apply for a new on-premises liquor license for the roof top bar in the Indigo Hotel located at 127 West 28th Street (between Sixth and Seventh Avenues) New York, New York (the "Premises"); and

WHEREAS, The rooftop Premises consists of approximately 1620 square feet, all of which is available for patron use; and

WHEREAS, The Premises is a rooftop bar and restaurant operated as part of a larger restaurant in the hotel (not covered by this resolution); and

WHEREAS, The total capacity of the rooftop Premises is 145 at 18 tables with 36 chairs plus 5 bar stools and standing room; and

WHEREAS, The rooftop Premises includes 1 patron bar; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.                  close the rooftop by 12am Sunday-Thursday and 1am Friday night and Saturday night;

2.                  not apply for a cabaret license;

3.                  not hire outside promoters;

4.                  not incorporate a DJ or live music, and agree to keep the stereo ambient music certified by a sound engineer;

5.                  not use the space for private parties, except as compatible with a restaurant use;

6.                  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 Shaun Smith 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, No members of the public appeared to comment on this application; 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, Community Board Five recommends denial of the application by China Latina LLC for a new on-premises liquor license for the roof top bar in the Indigo Hotel located at 127 West 28th Street (between Sixth and Seventh 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 32 in favor; 0 opposed; 1 abstaining.

 

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