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Public Safety & Quality of Life

37 West 20th St. - Boxers NYC LLC (d/b/a/ Boxers): application for a new on-premises liquor license

WHEREAS, BOXERS NYC LLC ("Applicant") has notified Community Board 5 of its intention to file an application for a new on premises liquor license on the ground floor and basement of the store located at 37 West 20th Street (the "Premises"); and

WHEREAS, the Premises consists of  2,762 square feet of space on the ground floor, and the basement is to be used only for storage, bathrooms, offices and possible prep area; 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, although the Premises are in CB5's moratorium area, and there are residents who continue to object to any new liquor licenses on 20th Street or 21st Street, a number of licensed premises that existed at the time of the moratorium have since closed, and there are currently at least seven vacant store fronts on 20th Street between Fifth and Sixth Avenues, and

WHEREAS, the Premises are surrounded on all sides, as well as above, with commercial tenants and businesses, and there are no residential buildings directly adjoining the Premises; and

WHEREAS, the Premises will be operated as gay-oriented sports lounge/bar though it will be open to all members of the public; and

WHEREAS, the Premises will have an occupancy of ninety (90) persons, will have five (5) tables, twenty (20) chairs, twenty four (24) bar stools, and fourteen (14) counter stools; and

WHEREAS, there will be a brick pizza oven and the Applicant will serve pizzas, salads, and quesadillas, including food delivery to the neighborhood during certain hours; and

WHEREAS, the Applicant has agreed that it shall:

1.      construct the Premises substantially in accordance with the plans annexed hereto.   Applicant will make no substantial change in or to the Premises without the consent of CB5;

2.      strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

3.      have background music only, and in no event shall a DJ, live music or dancing ever be permitted at the Premises;

4.      provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, Applicant will maintain an outdoor area in the rear of its Premises and will encourage its customers to use that area for smoking and cell phone use and shall discourage customers from loitering outside the Premises on 20th Street.  There will be no music played in the back outdoor space.

5.      maintain adequate security in the premises at all times necessary to (i) ensure that patrons enter and leave the Premises and 20th Street in a peaceful, quiet and respectful manner; (ii) discourage patrons from congregating outside the Premises, and (iii) use best efforts to have 20th  Street cleared of all patrons within one half hour of closing;

6.      not use any outside promoters at any time;

7.      arrange for private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

8.      meet with neighbors and CB5 on a regular basis if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Applicant has agreed that for a period of six months from opening it shall cease serving liquor at 2:00 A.M. every night and have the Premises cleared by 2:30 A.M. every night.  After six months Applicant may seek CB5's consent to an extension of those hours and Applicant shall only extend the hours as and if CB5 so consents; and

WHEREAS, Applicant, Robert Fluet and Robert Hynds shall to return to CB5 in six (6) months after opening to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; 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 Robert Fluet and/or Robert Hynds ever contemplate a transfer of their interest in Applicant so that they do 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, 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, that Community Board Five recommends denial of the on premises liquor license for Boxers NYC LLC for 37 West 20th Street 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 19 in favor; 14 opposed; 1 abstaining.

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