37 West 20th Street, Boxers NYC LLC, dba: Boxers NYC, Application for an on-premises liquor license renewal.
WHEREAS, Boxers NYC LLC ("Applicant"), has notified Community Board Five of its request to renew its on-premises liquor license for the bar located at 37 West 20th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and
WHEREAS, Applicant appeared before Community Board Five in December 2009 and, subject to certain conditions and stipulations, was approved for an on premises liquor license for the Premises; and
WHEREAS, Applicant appeared before Community Board Five in April 2011 for an alteration of its method of operation, which alteration was approved subject to certain conditions and stipulations; and
WHEREAS, The Premises consists of 2,762 square feet of space on the ground floor, and the basement used only for storage, bathrooms, and offices, with an occupancy of ninety (90) persons, with five (5) tables, twenty (20) chairs, twenty four (24) bar stools, and fourteen (14) counter stools; and
WHEREAS, Although there is no kitchen on the Premises, there is a brick pizza oven on the Premises and the Applicant serves pizzas; and
WHEREAS, Applicant is aware that this location falls within the Ladies Mile Historic District and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; and
WHEREAS, The operation at the Premises has increasingly become the source of disturbance to the community and there have been routine violations of the conditions and stipulations previously agreed to by Applicant with respect to the operation of the Premises; and
WHEREAS, Applicant is subject to a series of stipulations and other conditions (the "Stipulations") with respect to the operation of the Premises by the Applicant and its management team as set forth and described by the resolution (the "Resolution") approved by Community Board 5 dated April 14th 2011 (see Exhibit A attached hereto); and
WHEREAS, The Stipulations shall continue in force and be binding upon Applicant, and Applicant and its management team will continue to operate the Premises substantially in accordance with the Stipulations imposed by CB5 as part of its original application and its revisions and amendments to date upon the license renewal; and
WHEREAS, The modifications and additional conditions specifically described in this affidavit (the "New Stipulations") shall become part of the previous Stipulations and modify them as necessary; and
WHEREAS, Applicant has agreed that it shall abide by the following New Stipulations:
WHEREAS, Except as modified hereby, the original conditions and stipulations agreed to by Applicant in connection with the original liquor license shall remain in effect; 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 request by Boxers NYC LLC to renew its on-premises liquor license for the bar located at 37 West 20th Street (between Fifth and Sixth Avenues) unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.