31 West 26 Street, El Vato Wine Corp. Application for a new on-premises liquor license.
WHEREAS, Ladislav Kulisek, on behalf of EL VATO WINE CORP. ("Applicant"), has notified Community Board Five of its intention to file for a new on-premises liquor license for the restaurant (the "Restaurant") which we anticipate opening at 31 West 26th Street (Between Broadway and Sixth Avenues), New York, New York; and
WHEREAS, Although CB5 has specific concerns with the operation at this location, particularly the density, saturation and operating methods of other retail liquor establishments on the block, because the Applicant agreed to reasonable operating hours and low patron occupancy, we find that the incremental impact on the block from this new license is acceptable; and
WHEREAS, The Premises will operate as a restaurant to be approximately 1,900 square feet on the ground floor, with limited basement space to be used only for storage and back office functions; and
WHEREAS, The Restaurant will serve tapas and other upscale fare; and
WHEREAS, Food preparation will occur in a fully-vented kitchen in the back of the Premises; and
WHEREAS, The Restaurant will consist of seating for sixty-seven (67) patrons comprised of nine (9) bar stools and table seating for fifty-eight (58) patrons, including twenty-seven (27) tables each with two (2) chairs and one (1) table with four (4) chairs; and
WHEREAS, The Restaurant will have one (1) patron bar; and
WHEREAS, The Restaurant will have a total capacity of not more than 74 patrons; AND
WHEREAS, Applicant has agreed that Applicant shall:
WHEREAS, Should Applicant or its parent entity 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 Ladislav Kulisek 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, Members of the public appeared and commented regarding this application and the comments and concerns of the community were taken into consideration in negotiating these conditions and stipulations; and
WHEREAS, these agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license alteration 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 EL VATO WINE CORP. for a new on-premises liquor license for the restaurant opening at 31 West 26th Street (Between Broadway and Sixth Avenues), New York, New York; and, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.