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Public Safety & Quality of Life

NY Palm Tree Inc. (Latham Hotel), application for a transfer of a liquor license at 4 East 28th Street

WHEREAS, The applicant, Edward Linetsky of NY Palm Tree, Inc., is applying for a transfer of an on-premises liquor license, located at 4 East 28th Street; and

WHEREAS, Mr. Linetsky and one of the present owners of  "Neogaea," the club that is in operation at this location, attended the Public Safety/Quality of Life  (PS/QL) committee meeting on March 7, 2006; and

WHEREAS, The premises, located in The Latham Hotel, are sandwiched in between the Latham and the Prince George Hotel, two residential apartment complexes housing upwards of 400 tenants in each building including small children and people with mental illness disabilities; and

WHEREAS, Ever since receiving its liquor license in 2005 under the guise of a restaurant,  "Neogaea" has been operating as a club, with loud music reverberating and vibrating throughout the building and patron dancing sometimes until 10:30 a.m. five to six days a week; and

WHEREAS, At the Public Safety/Quality of Life meeting, it was brought to our attention that:

•             the applicant has no lease;

•             there is a lack of and inconsistency in information

               provided in the application;

•             the present owner is in litigation with his partner

               (who is not allowed on the premises due to an 'assault

               charge');

•             they do not have a cabaret permit;

•             they do not have a Health Certificate;

•             they do not have Public Assembly Permit; and

•             the Certificate of Occupancy (attached) does not allow

               for this type of operation; and

WHEREAS, Community Board Five has received from the Buildings Department a copy of the disposition of Complaint # 1156388 (attached), Category code: 31 Certificate of Occupancy – None/Illegal/Contrary to CO, Inspected by Badge #1846, effective December 13, 2005, which states that the premises are under the "operation of a public assembly without a permit, (Dance Club) has active vacate order on it and should not be open for business;" and

WHEREAS, Because of this illegal operation of an 'After Hours Club', the quality of life on this residential street with three apartment buildings, new condominiums and a peaceful plaza for residents to enjoy has been negatively impacted with:

•             noise on the sidewalk and street;

•             noise/music emanating loudly from premises;

•             flyers and debris on the sidewalk;

•             urination on the sidewalk;

•             physical violence (bouncer seen kicking patron in

               street);

•             police having to be called;

•             double/triple parked cars and limos;

•             waiting lines with ropes past the Prince George;

•             clean up in the morning done by the Prince George;

               and

WHEREAS, Community Board Five has on record, residents' complaints as well as numerous incident reports specifically from the Prince George Hotel; and

WHEREAS, The Certificate of Occupancy (attached) does not allow for this type of establishment that has been operating illegally since its inception; therefore be it

RESOLVED, That Community Board Five recommends denialof the transfer of this liquor license because there is no lease or ability on the part of the present owner to transfer the license since he is in litigation with his partner and because the information provided by the applicant is incomplete and inconsistent; and be it further

RESOLVED, That Community Board Five urges the State Liquor Authority to disapprove this application for the above reasons and because the license was obtained under false pretenses and is in violation to the use as stipulated in the certificate of occupancy; and be it further

RESOLVED, ThatCommunity Board Five urges the State Liquor Authority to revoke the original liquor license for Orchid Entertainment, Inc, d/b/a Club Neogaea since the Certificate of Occupancy (attached) allows only restaurant use, (the premises have been under operation as a club which is a direct violation of the Certificate of Occupancy) and the Buildings Department has issued an "Active Vacate Order" (attached) that this operation "should not be open for business."

 The above resolution passed with a vote of 24 in favor, 0 opposed, 1 abstention.

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