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Public Safety & Quality of Life

8 West 28th Street, New York, NY, W.J. ENTERPRISE INC., application for a new on-premises liquor license

WHEREAS, Eunjeong Kim, on behalf of W.J. Enterprise Inc. (the "Applicant"), has notified Community Board Five of its intention to file for a new on-premises liquor license for a karaoke bar to be located at 8 West 28th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 4,600 square feet on the second floor of useable public space, plus space for a small kitchen, offices, and storage; and

WHEREAS, The Premises will include an open bar and restaurant area (capacity of 74) and approximately 10 karaoke rooms; and

WHEREAS, There will be a total 17 tables, 74 chairs and 11 bar stools, and contain one patron bar with maximum capacity (excluding staff) of 100 persons for the Premises; and

WHEREAS, There will be a kitchen serving Asian Fusion food; and

WHEREAS, Applicant has agreed that Applicant shall:

  1. Operate the Premises exclusively as karaoke bar and restaurant, and operate no part of the Premises as a nightclub at any time ("Karaoke Bar and Restaurant Use");
  2. Agree that licensed space on Premises to be limited to the public dining area on the ground floor, with all other spaces at Premises not licensed;
  3. Prohibit dancing at the Premises at all times;
  4. Close the Premises for all purposes by 2am nightly;
  5. Agree to improve soundproofing at Premises in the case of noise disturbance to neighboring residents and surrounding businesses;
  6. Not apply for a cabaret license without first coming before CB5;
  7. Not apply for a sidewalk café without first coming before CB5;
  8. Keep any windows in the front of the Premises closed at all times;
  9. If needed, work to ensure that the ventilation system of the Premises does not create any problems or issues with odor;
  10. Not use outside promoters at any time; as promoter-driven events are specifically excluded from Karaoke Bar and Restaurant Use; though private parties shall be deemed included in Karaoke Bar and Restaurant Use;
  11. Discourage Patrons from loitering outside the Premises at any time and discourage vehicular traffic in front of the Premises at all times by prohibiting taxis, black cars, and other cars from standing longer than necessary;
  12. Arrange for private garbage pick-up and store garbage in a manner so as not to cause a disturbance or annoyance to neighbors;
  13. Strictly comply with the method of operation as stated herein and not change the method of operation of the Premises unless prior approval is granted by Community Board 5 in writing, and approval is obtained by the New York State Liquor Authority as required by law; and
  14. Meet with neighbors and CB5 on a regular basis, if requested, and also provide a 24-hour hotline to (917) 579-7290, representing the Applicant, 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 Eunjeong 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, 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 W.J. Enterprise Inc. for a new on-premises liquor license for a karaoke bar to be located at 8 West 28th Street (between Fifth and Sixth 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.

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