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Public Safety & Quality of Life

135 WEST 52/132 WEST 52ND STREET (two different addresses submitted) - EALC LLC, d/b/a FLATOTEL - Liquor license.

WHEREAS, The applicant, EALC LLC, d/b/a "Flatotel," has notified Community Board Five of their intent to apply to the NY State Liquor Authority for an on-premises liquor license/hotel liquor license for the premises located at 135 West 52nd Street/132 West 52nd Street; and

WHEREAS, CB 5 receives approximately 40-50 liquor license/wine/renewal/cabaret applications per month; and

WHEREAS, In order for CB5's Public Safety/Quality of Life Committee to determine whether or not the applicant is to come before the committee and the full board, research is done that includes information regarding square footage, public assembly, sound amplification and hours of operation as well as a site visit and discussion with the applicant; and

WHEREAS, Applicants and/or their attorneys are notified to provide such information regarding their request to the community board office in the form of a questionnaire; and

WHEREAS, This questionnaire is provided on the CB5 website and made available to applicants and, as noted on the questionnaire, is due one week after their letter of intent is received at the board office; and

WHEREAS, Each month after the deadline, numerous follow-up phone calls/emails, are made by the board office and in some cases this request for information is ignored; and

WHEREAS, Those applicants/attorneys who do not comply are called and apprised in writing that the information requested in the questionnaire is an essential part of the process; and

WHEREAS, The same applicants/attorneys are also apprised that a negative resolution will be presented to the full board by the committee with the ONLY exception being that the board office receives a letter (copy to State Liquor Authority) requesting postponement until the next month and with the notation that said application to the State Liquor Authority will not be submitted until after the applicant/attorney meets with the PS/QL Committee; and

WHEREAS, Notification from this applicant was received at the board office on 8/22/08 and each month we have been unable to receive the requested/required questionnaire or information regarding this application; and

WHEREAS, The information for this application that was finally received by CB5 was sent two days before Monday night's Committee meeting (1/12/09) and is:

WHEREAS, To date, no questionnaire or information has been received from this applicant; and

WHEREAS, After many months, the applicant has still not complied with this requirement and the PS/QL Committee and CB 5 have insufficient information regarding the above application for an on-premises liquor license; therefore be it

RESOLVED, That Community Board Five recommends denial of the on-premises liquor license/hotel liquor license for EALC LLC, d/b/a "Flatotel," for the premises located at 135 West 52nd Street/132 West 52nd Street, NYC.

The above resolution passed by a vote of 29 in favor; 0 opposed; 1 abstaining.

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