25 West 32nd Street (between Fifth Avenue and Broadway), 2nd Floor, HUNG DAE IP KU CORP. D/B/A "PLAYERS", APPLICATION FOR RENEWAL OF AN ON-PREMISES LIQUOR LICENSE
WHEREAS, Yun Seok Kim, on behalf of Hung Dae Ip Ku Corp. ("Applicant"), has notified Community Board Five of its intention to renew an existing on-premises liquor license for the 2nd Floor restaurant located at 25 West 32nd Street (between Fifth Avenue and Broadway), New York, New York (the "Premises"); and
WHEREAS, The Premises consists of 3,940 square feet of space on the second floor; and
WHEREAS, The Premises is operated predominantly as a first class restaurant, with 100 seats comprised of 22 tables with 88 seats, and 12 bar stools; and
WHEREAS, Although the second means of egress serving the Premises was blocked by boxes at the time of our inspection, there are two means of egress from the Premises which appeared to be adequate; and
WHEREAS, Although his building does not have a Certificate of Occupancy because it was built prior to 1938, the Applicant has agreed to obtain 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 specifically on the 2nd floor; and
WHEREAS, Although the Premises does not have the required Public Assembly permit to allow occupancy by more than 74 persons, the Applicant has agreed to apply for a Public Assembly permit; and
WHEREAS, Applicant has agreed that Applicant shall
i. the Applicant provides a Public Assembly permit from the Department of Buildings with appropriate drawings showing proper unimpeded egress for 100 persons;
ii. the Applicant receives a Letter of No Objection from the Depart-ment of Buildings granting permission for use of the Premises and specifying that the number of occupants may exceed 74 but not more than 100 persons; 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 YUN SEOK KIM 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, Although the public remains concerned about the density of licenses in this area, no members of the public expressed opposition to the application; 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, Community Board Five recommends denial of the application by Hung Dae Ip Ku Corp. to renew an existing on-premises liquor license for the 2nd Floor restaurant located at 25 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 34 in favor; 0 opposed; 1 abstaining.